Customer Agreement
This Agreement describes the
terms and conditions between you and Hood Canal Communications. (�Service Provider�, �HCC,� �Us� or �We�) applicable to the WildBlue
Service. HCC is an
authorized distributor of WildBlue Communications, Inc (WildBlue�). Please read
this Agreement carefully since it contains important contract rights and
obligations between you and Hood Canal Communications, as well as important
limitations on those rights. If you would like to contact us, you may call
360-898-2481 or write to:
|
Attention: Customer
Service |
Minimum Service
Commitment. All Hood Canal Communications
service plans require 12 month minimum service term (�Minimum Service Term�).
Please check your applicable service plan for the length of your Minimum Service
Term. If you terminate service prior to the expiration of the Minimum Service
Term, you will owe (and your credit card, debit card, or bank account may be
charged) the Termination Fee as described below. You may not downgrade your
service plan to a lower service package until 30 days after activation of your
WildBlue Service.
Term and Renewal. The term of this Agreement commences
on the date your Service is activated and continues for the duration of the
Minimum Service Term unless terminated earlier by you or Hood Canal
Communications in accordance with this Agreement. After the Minimum Service Term
expires, the term of this Agreement will automatically renew on a month-to-month
basis until terminated by you or Hood Canal Communications in accordance with
this Agreement.
Termination Fees. If you cancel the Service before
completion of the Minimum Service Term, you will be charged a Termination Fee
equal to the number of months left in your Minimum Service Term multiplied by
your base monthly fee. You are not required to return, and Hood Canal
Communications is not obligated to de-install, the WildBlue
Equipment.
Terms and
Conditions
1. The
Service.
1.1 Description. The Service consists of a
satellite-based Internet access service as further described in this Agreement
(the �Service�). Service is in available locations in the contiguous
1.2. Minimum System
Requirements.
Your computer must meet certain minimum requirements to receive the Service as
set forth on the WildBlue website, www.wildblue.com/aboutWildblue/qaa.jsp#1_6.
It is your responsibility, at your expense, to obtain, maintain, and operate
suitable and fully compatible computer equipment required to access the Service.
You are also responsible for all telephone charges incurred in connection with
using the Service, if you access the Internet using our dial-up Internet access
service.
2. Who May Use The
Service? - Responsibility and Supervision.
2.1 Age and Account
Set-Up. You
represent that the Service will be installed and used solely in your residence
and not in any commercial, retail or other business location (other than a home
office in your residence). You represent that you are at least 18 years of age.
You agree that you are responsible for obtaining installation services for the
WildBlue Equipment from Hood Canal Communications 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.
2.2
Multiple Use of Account. Up to three computers in your residence
and up to six family members who permanently reside in your household may
receive WildBlue Services under a single billing account. For Select and Pro
Service plans, up to eight computers in your residence may receive Services
under a single billing account. Your �household� is limited to the single
address where you reside and where the Service is initially installed. It does
not include adjacent apartments, residences, offices or any type of space not
physically associated with your address. Any use of the Services other than as
specified above constitutes an unlawful and unauthorized use of the Service and
a material breach of this Agreement, regardless of whether you receive any
compensation for such use, and may result in the immediate termination of the
Services and the imposition of the Termination Fee, without prejudice to any
rights and remedies available to Hood Canal Communications under this Agreement,
at law and at equity.
2.3
Installation of Equipment. You represent that there are no
legal, contractual or similar restrictions on the installation of the WildBlue
Equipment in location(s) you have authorized. It is your responsibility to
ensure compliance with all applicable building codes, zoning ordinances,
homeowners� association rules, covenants, conditions, and restrictions related
to services provided under this Agreement, to pay any fees or other charges, and
obtain any permits or authorizations necessary for services provided under this
agreement (collectively "Legal Requirements"). You are solely responsible for
any fines or similar charges for service in violation of any applicable Legal
Requirements. You acknowledge and agree that Hood Canal Communications will be
required to access your premises or system and to install and maintain the
WildBlue Equipment, including the antenna and its components, necessary for you
to receive the Service inside and outside your home. This will include attaching
a satellite modem to your computer, installing software on your computer and
configuring your computer for optimized performance of the Service. By signing
this Agreement, scheduling a service or installation visit, and permitting us or
our service provider to enter your home, you are authorizing Hood Canal
Communications to perform all of the above actions. HOOD CANAL COMMUNICATIONS
SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM
INSTALLATION, REPAIR OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO
YOUR PREMISES, LOSS OF SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER.
You are responsible for backing up the data on your computer and we highly
recommend that you do so prior to permitting access to us. Timeframes for
installation, if any, are not guaranteed and may vary depending on the types of
services requested and other factors.
2.4 Subscriber
Responsibility.
You agree that you are 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 through the Service, or any other
expenses incurred in accordance with the terms of this Agreement. 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 ratify and confirm any obligations a minor using your
account incurs or assumes and any promises or permissions such minor makes or
gives. You acknowledge that an owner�s manual or similar material was provided
to you at the time of installation of your WildBlue Equipment and that you have
read and understand the manual and all product warnings contained in the
manual.
3. Fees and
Payment.
3.1 Fees, Taxes and Other
Charges.
(a) Commencement and Duration of
Monthly Fees.
You acknowledge that (subject to any exceptions granted by us) a monthly fee
payable in advance will apply for each and every month (or portion of a month)
that you are a subscriber, beginning with the date your Service is activated.
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 Agreement). As stated above, you may cancel your account at any time,
subject to payment of the Termination Fees, 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 these terms and
conditions.
(b) Billing and
Charges. You
agree to pay, in accordance with the provisions of the billing option you
selected, any registration, activation 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 at the start of 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, provision of services, software or hardware
or the use of the Service by users of your account. Bills are rendered the first of each
month and are due by the 15th of that month. Service will be billed one month in
advance. Payment of the outstanding
balance is due in full each month.
(c) Statement. You understand and agree that you will
receive a paper bill in the mail for your service.
(d) Late Payment. A 1% late fee will be applied to
all accounts with a balance remaining after the 22nd of each
month. Payment on each account is
due by the 15th day of each month. On the 16th day if payment is
not received, a notice will be sent giving 10 days to pay the account. If payment is still not received, the
service may be terminated and the balance due, plus a reconnect fee, and
possibly a deposit will be required to restore service.
3.2 Disputes and Partial
Payments. If
you think a charge is incorrect or you need more information on any charges
applied to your account, you should contact our billing department. You must
contact us within 45 days of receiving the statement on which the error or
problem appeared. Hood Canal Communications will make available to you a
statement for each billing cycle showing payments, credit purchases and other
charges. Hood Canal Communications will not pay you interest on any overcharged
amounts later refunded or credited to you. We may, but are not required to,
accept partial payments from you. If partial payments are made, they will be
applied to amounts owed by you starting with the oldest outstanding statement.
If you send us checks or money orders marked "payment in full" or otherwise
labeled with a similar restrictive endorsement, 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. If we choose to use any collection agency or attorney to
collect money that you owe us or to assert any other right that 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
attorney's fees, and court costs.
3.3 Suspension. If your Service is suspended for
any reason, including at your request or because of your failure to pay past due
amounts, you will be charged a monthly fee at the then-current rate (set forth
on hccwb.net) for each month your Service is suspended.
3.4 Reactivation. To reactivate suspended Service,
you must bring your account up to date through the month of reactivation by
making payment in full of any outstanding balance, fees and other applicable
charges. In addition, we may require a deposit before reactivating your Service.
The amount of the deposit will not exceed one year of monthly
fees
3.5 Credit Inquiries and
Reporting. You
authorize us to make inquiries and to receive information about your credit
experience from others, including credit reporting agencies, enter this
information in your file. In the case of late payment or non-payment for any of
the Services ordered by you or any other charges, you understand and agree that
we may report such late payment or non-payment to the appropriate credit
reporting agencies.
4. Modifications,
Rights of Cancellation or Suspension.
4.1 Modification of this
Agreement. Upon
notice published over the Service, we may at any time (and from time to time)
modify this Agreement, including, without limitation, our pricing and billing
terms. We may, but are not required to, notify you by e-mail, online via one or
more of the websites within the Service or other electronic notice. If you do
not agree to such changes or additions, then you must terminate this Agreement
in accordance with Section 4.3 and stop using the Service prior to the effective
date of such modifications. Your continued use of the Service after the
effective date of such modifications constitutes your acceptance of such
modifications
4.2 Modification of the
Service.
WildBlue and/or HCC 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. In particular, we reserve the right at our sole discretion to modify,
supplement, delete, discontinue or remove any software, file, publications,
information, communication or other content provided to you by WildBlue or Hood
Canal Communications. If we undertake any of these changes, we may, but are not
required to, notify you by e-mail, online via one of more of the websites within
the Service or other electronic notice. If you do not agree to such changes,
then you must cancel your subscription and stop using the Service prior to the
effective date of such changes. Your use of the Service after the effective date
of such changes or additions constitutes your acceptance of such changes. In
addition, WildBlue may take any action consistent with our Acceptable Use and
Fair Access Policies, including actions to (a) prevent bulk e-mailing from
entering or leaving any e-mail account or the network e-mail system, (b) delete
e-mail messages if your e-mail account has not been accessed by you within a
time established by us from time to time, in our sole discretion, (c) instruct
our system not to process e-mail or instant messages due to space limitations,
(d) make available to third parties information relating to WildBlue or its
subscribers, subject to our Subscriber Privacy Policy (e) withdraw, change,
suspend or discontinue any functionality or feature of the Service, (f) delete
attachments to e-mail due to potentially harmful materials included within such
attachment, and (g) limit access to the Service to prevent abusive consumption
and ensure fair access for all subscribers.
4.3 Termination by
Subscriber.
Subject to your payment of the Termination Fee and the fee for Services for the
full billing cycle in which termination occurred, you may immediately terminate
this Agreement and discontinue the Service at any time upon written or telephone
notice to us. You must terminate this Agreement in accordance with its terms;
failure to do so may delay or prevent us from knowing that a termination was
intended. 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, by e-mail or telephone notice.
4.4 Termination or Suspension by
WildBlue. We
may immediately terminate your Service and this Agreement if you or a user of
your account breaches this Agreement. We reserve the right in our sole
discretion to terminate your account and this 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.
4.5 Post-Termination or Suspension
Obligations.
Notwithstanding any cancellation or termination of this Agreement or any of your
accounts, nor any suspension or termination of access to or use of the Service,
you will remain responsible for all payment and other obligations under this
Agreement, including the obligation to pay all charges that may be due as a
result of or in connection with such cancellation, termination or suspension.
Your payment and other obligations under this 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 Agreement or
of any law or legal obligation by you or any user of your
account.
5. Permitted Use And
Restrictions On Use.
5.1 Software
License.
Subject to the terms of this Agreement, Hood Canal Communications grants to you
a personal, non-exclusive, non-assignable and nontransferable license to use and
display the software provided by or on behalf of WildBlue (including any
updates) only for the purpose of accessing the Service ("Software") on any
machine(s) on which you are the primary user or which you authorize to 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 in writing by Hood Canal
Communications. Any attempt to sublicense, assign or transfer any of the rights,
duties or obligations under this license is void and may result in termination
by Hood Canal Communications of this Agreement and the license. 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 Agreement.
5.2 Restrictions On Use Of The Service. Hood Canal Communications reserves
the right to terminate immediately the Service and this Agreement if you
knowingly or otherwise engage in any prohibited activity or if you use the
WildBlue Equipment or Service in a way which is contrary to any Hood Canal
Communications policy. You must strictly adhere to any policy set forth by
another service provider accessed through the Service. You agree to comply with
WildBlue/HCC�s Acceptable Use and Fair Access Policies located at
www.hccwb.net, both of which are incorporated into and made a part of this
Agreement. You do not own, nor have any rights other than those expressly
granted to you, to a particular IP address, even if you have ordered a static IP
address.
5.3 Fair Access
Policy. If your
usage exceeds the limits set forth in the Fair Access Policy, we may reduce the
bandwidth available to you on a temporary basis. Continued violation of the Fair
Access Policy is a breach of this Agreement by you and will result in the
termination of this Agreement. WildBlue Internet access is not guaranteed. The
terms of this policy apply to all service plans, including Value, Select and Pro
and any other service plan that Service Provider offers from time to time. For
specific Fair Access Policy limitations please see the description of the
service plan you are receiving.
5.4 Prohibition on
Resale.
Reselling the Service or otherwise making the Service available to anyone
outside your residence (e.g. via wi-fi, or any other method), in whole or in
part, directly or indirectly, or on a bundled or unbundled basis is prohibited.
The Service is for personal and non-commercial use only and you agree not to use
the Service for operation as an Internet service provider or for any business
enterprise or purpose, or as an end-point on a non-WildBlue local area network
or wide area network. In addition, other prohibited activities include
connecting multiple computers behind the satellite modem to set up a LAN (Local
Area Network) that in any manner would result in a violation of the terms of the
Acceptable Use Policy, Fair Access Policy or terms of any other policy or plan,
or running programs, equipment, or servers from your residence that provide
network content or any other services to anyone outside of your premises. You
may not connect the WildBlue Equipment to any computer outside of your
residence, nor more than the number of computers permitted under Section 2.2.
5.5 No Unauthorized Use of WildBlue
Equipment or Software. You are strictly prohibited from
servicing, altering, modifying, or tampering with the WildBlue Equipment,
Software or Service or permit any other person to do the same who is not
authorized by Hood Canal Communications or WildBlue. You may not copy,
distribute, sublicense, decompile or reverse engineer any of the Software.
5.6 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.
5.7 Security. You agree to take reasonable
measures to protect the security of your computer, including maintaining at your
cost an up-to-date version of anti-virus and/or firewall software to protect
your computer from malicious code, programs or other internal components (such
as a computer virus, computer worm, computer time bomb or similar component).
You expressly agree that if your computer becomes infected and causes any of the
prohibited activities listed in the Acceptable Use Policy, WildBlue may
immediately suspend your Service until such time as your computer is
sufficiently protected to prevent further prohibited activities. You will be
fully liable for all monthly fees and other charges under this Agreement during
any period of suspension. In all cases, you are solely responsible for the
security of any device you choose to connect to the Service, including any data
stored or shared on that device.
5.8 Responsibility of
Subscriber. You
are responsible for any misuse of the Service, even if the misuse was committed
by a friend, family member, or guest with access to your Service account.
Therefore, you must take steps to ensure that others do not use your account to
gain unauthorized access to the Service by, for example, strictly maintaining
the confidentiality of your Service login and password. You agree to notify us
immediately after you sell, give away or otherwise transfer your WildBlue
equipment to anyone else. You are considered the registered recipient of the
Services until we receive such notice, and you will be liable for any charges or
fees incurred by the use of your WildBlue Equipment by anyone else up to the
time that we receive your notice, unless otherwise provided by applicable law.
You may not assign or transfer your Service without our written consent. If you
do, we may inactivate your Service. If your WildBlue Equipment is stolen or
otherwise removed from your premises without your authorization you must notify
Hood Canal Communications immediately, or else you will be liable for payment
for unauthorized use of the Service or WildBlue Equipment.
6.
WildBlue Equipment. The terms of sale applicable to the
WildBlue Equipment are governed by your purchase agreement or other documents
evidencing such sale and, if applicable, WildBlue�s limited warranty (available
at www.hccwb.net) and service plan, if any. In addition, WildBlue Equipment
contains software and/or other intellectual property subject to a license
agreement(s) (�License Agreement�) provided with the WildBlue Equipment. Any
breach of the License Agreement constitutes a breach of this
Agreement.
7. Warranties and
Limitations of Liability.
7.1 DISCLAIMER OF WARRANTIES. YOU
EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. HOOD CANAL
COMMUNICATIONS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR
FREE; NOR DOES HOOD CANAL COMMUNICATIONS 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, FITNESS
FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF INFORMATIONAL CONTENT,
NON-INFRINGEMENT OR OTHERWISE, EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES
WHERE IT IS PROHIBITED. HOOD CANAL COMMUNICATIONS EXPRESSLY DISCLAIMS ANY
REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR FREE, SECURE OR
UNINTERRUPTED OR OPERATE AT ANY MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN
INFORMATION GIVEN BY HOOD CANAL COMMUNICATIONS SHALL CREATE A WARRANTY; NOR
SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE HOOD CANAL
COMMUNICATIONS PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT
AVAILABLE ON THE INTERNET, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF
THE INFORMATION YOU OBTAIN THROUGH THE SERVICE. WE SHALL HAVE NO LIABILITY
WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE,
FILES OR DATA RESULTING FROM, OR FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS
OR OTHER HARMFUL FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT
SUCH EXCLUSION IS NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY GIVES YOU
SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY
JURISDICTION.
7.2 LIMITATION OF LIABILITY. TO THE
MAXIMUM EXTENT PERMITTED BY LAW,
7.3 Applicability and
Exceptions. 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 Hood Canal Communications or others were advised or
aware of the possibility or likelihood of such damages or liability. The
foregoing shall not apply in states where such exclusions are prohibited. In
addition, these exclusions and limitations do not apply to your purchase of your
WildBlue Equipment, which is governed by your purchase agreement or other
documents evidencing such sale and if applicable, HCC�s limited warranty
(available at www.hccwb.net)
and service plan, if any.
7.4 Service
Interruptions.
Service may be interrupted from time to time for a variety of reasons. We are
not responsible for any interruptions of Service that occur due to acts of God
(including weather), power failure or any other cause beyond our reasonable
control. However, because we value our subscribers, for an interruption of a
significant length of time that is within our reasonable control, upon your
request we may provide what we reasonably determine to be a fair and equitable
adjustment to your account to make up for the Service interruption. THIS WILL BE
YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES. You acknowledge and agree that
the Service is not intended to be, and should not be used as, your primary or
�life-line� telecommunications service.
7.5 Indemnity. You agree to indemnify, defend and
hold us harmless 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 consequences of your (or that of any user of your
account) violation of this Agreement or placement on or over, or retrieval from
or through, the Service of any software, file, information, communication or
other content and all costs incurred by us in enforcing this Agreement against
you.
7.6 Third Party
Beneficiaries.
The provisions of this Section 10 are for the benefit of us, WildBlue, and our
respective contractors, information or content providers, service providers,
licensors, including NRTC, employees and agents; and each shall have the right
to assert and enforce such provisions directly on its own behalf. Other than expressly state in this
Agreement, this Agreement shall not be deemed to create any rights in third
parties.
8.
General
8.1 Limits on
Transfers.
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.
8.2 Applicable
Law. This
Agreement is made in the State of
8.3 Notices, Disclosures and Other
Communications.
Where notification by Hood Canal Communications is contemplated by or related to
this Agreement, notice may be made by any reasonable means, including, but not
limited to, e-mail or publication over the Service. A printed version of this
Agreement and of any notice given in electronic form shall be admissible in
judicial and administrative proceedings relating to or based upon this Agreement
to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. You
must promptly notify us on any change in your e-mail or postal address by
calling Hood Canal Communications.
8.4 Construction and
Delegation.
Neither the course of conduct between parties nor trade practice shall act to
modify the provisions of this 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 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 Agreement.
8.5
Miscellaneous.
If any term of this Agreement is found by a court of competent jurisdiction to
be invalid, illegal or unenforceable, it shall be construed in such a way as to
eliminate the offending aspects while still giving as much effect as possible to
the intentions of such term. 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 Agreement as if it had not been included
from the beginning. In any such case, the balance of this Agreement shall remain
in effect in accordance with its remaining terms notwithstanding such invalid,
illegal or unenforceable term. We may enforce or decline to enforce any or all
of the terms of this 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 Agreement or be used to construe
its terms or meaning.
8.6 Assignment Of Account. We may sell, assign, pledge or
transfer your account or an interest in 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 statement.
8.7 Entire
Agreement. This
Agreement, as well as the additional online documents specifically incorporated
as a part of this Agreement, constitutes the entire and only agreement with
respect to its subject matter between you and ourselves, applicable also to all users of your account. This
Agreement supersedes all representations, proposals, inducements, assurances,
promises, agreements and other communications with respect to its subject matter
except as expressly set forth in this document.
This Agreement has
9 pages and also incorporates WildBlue�s Fair Access Policy and Acceptable Use
Policy, and the terms of your service plan. You acknowledge that you have
received, read, understand and agree to be bound by all of the terms and
conditions set forth on each of the 7 pages of this Agreement, your service plan
and WildBlue�s Fair Access Policy and Acceptable Use Policy, as each of these
documents may be updated from time to time, as posted on
www.hccwb.net.
If you did not receive Sections 1 through 8 of this
Agreement, DO NOT SIGN THIS AGREEMENT.
Customer
Information:
Customer
Signature:
_____________________________ Date:
___________________
Print Customer
Name:
___________________________________
Customer Address:
_________________________________________________________