Terms and Conditions
1. The Service.
1.1 Limitations. The Internet Service is available at locations within the United States with an unobstructed view of the southern sky. You
acknowledge all download and upload Internet Service speeds are “up to,” are not guaranteed and will vary. If you are receiving the Internet Service
through a WildBlue Plan, voice over Internet protocol services may not work. The performance of some games over the Internet is very poor and some
games may not work at all. Virtual private networks and remote computer access may be very slow with the Internet Service. Some virtual private networks
may not work at all.
1.2 System Requirements. It is your responsibility, at your expense, to obtain, maintain, and operate suitable and fully compatible computer
equipment (including, without limitation, a wireless router if you intend to use the Internet Service on multiple devices and are not receiving an Internet Service Plan
with Boost 25) required to access the Internet Service.
1.3 Hibernation Plan (formerly the Vacation/Seasonal Suspend Plan). If you have an Exede Internet Plan and you have received and paid for
the Internet Service for at least 30 days, you may convert your Exede Internet Plan to the ”Hibernation Plan.” You must receive the Hibernation Plan for a minimum of
60 days. You may not receive the Hibernation Plan for more than 180 days in any 12-month period. The monthly Internet Service fee for the Hibernation Plan will be as
stated by us at the time that you convert to the Hibernation Plan. Your monthly Internet Service fee for the billing periods in which you switch into and out of the
Hibernation Plan will be pro-rated to reflect the difference between the monthly Internet Service fee for your Exede Internet Plan and the Hibernation Plan. The months
in which you receive the Hibernation Plan will count towards your Minimum Service Term. If you are paying a monthly Equipment Lease Fee (defined in the Lease
Addendum to this Agreement) or a fee for anti-virus software, you will continue to incur these charges while on the Hibernation Plan. If you prepaid your Equipment
Lease Fee for the Minimum Service Term, the months during which you are on the Hibernation Plan will continue to be applied against your prepaid Equipment Lease
Fee. Internet service, Buy More, the Late Night Free Zone, and the Early Bird Free Zone will not be available to you while you are on the Hibernation Plan. All
promotional discounts will cease upon conversion of your account to the Hibernation Plan and will not be reactivated when you return to your Exede Internet Plan.
Service calls are not available while you are on the Hibernation Plan. If you have been on the Hibernation Plan for 180 or more days in a 12-month period and have not
called us to resume regular Exede Internet Service, we will automatically restore your Internet Service to the lowest priced Exede Internet Plan currently available in
your area. If you receive Exede Voice, it will remain fully available while you are on the Hibernation Plan and it will be charged at its usual monthly rate.
2. Who May Use The Service? Responsibility and Supervision. Notwithstanding any provision in this Agreement to the contrary, this Section 2 shall not
apply to Premier Tech Support.
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), unless specifically agreed to in writing by ViaSat. You represent that you are at least 18 years
of age. You agree that you are responsible for obtaining the initial installation services for the Equipment from a ViaSat-authorized installer 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
2.2 Multiple Use of Account. Only devices physically located in your residence and your family members who permanently reside in your
household may receive the Service under a single billing account. Your “household” is limited to the single address where you reside and where the Service is installed,
and does not include adjacent apartments, residences, offices or any type of space not physically associated with such address. Any use of the Service other than as
specified above is unlawful and unauthorized 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 Service and the imposition of the Termination Fee and/or any other applicable termination fee, without prejudice to any rights
and remedies available to ViaSat 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 Equipment in the
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 the Service, to pay any fees or other charges, and to obtain any permits or authorizations necessary for the installation
or use of the Service (collectively "Legal Requirements"). You are solely responsible for any fines or similar charges for violation of any applicable Legal Requirements.
You acknowledge and agree that ViaSat or its designated service provider will be required to access your premises and computer to install and maintain the
Equipment, including, without limitation, the antenna and its components. Standard Equipment installations performed by ViaSat-authorized installers include: (i)
installation of the antenna to an outside wall or sloped roof; (ii) travel to and from your Service location within 50 miles of the installer’s office; (iii) cable routed through
one exterior wall and one interior wall or floor; (iv) connection of the antenna to the modem using up to 150 feet of cable; (v) connection of the modem to one computer
using up to 7 feet of cable; and (vi) required mounting and cabling hardware. Any different or additional installation services or hardware are non-standard and may
result in additional charges to be agreed upon between you and the installer. All installations include attaching the Equipment to your computer, installing software on
your computer and configuring your computer to optimize the performance of the Internet Service. You confirm that you have reviewed the installation plan and agreed
to any associated charges. If you approved a roof mount, you acknowledge the potential risks associated with this type of installation (including, without limitation, with
respect to any warranty that applies to your roof or roof membrane). By signing this Agreement, scheduling a service or installation visit, and permitting us or our
service provider to enter your home, you are authorizing ViaSat and its service provider to perform all of the above actions. 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 or one of our designated service providers. NEITHER VIASAT NOR
ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM THE EQUIPMENT OR ANY INSTALLATION,
REPAIR OR OTHER SERVICES ASSOCIATED WITH THE EQUIPMENT, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES OR LOSS OF
SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. This limitation does not apply to any damages arising from the gross negligence or willful
misconduct of us or one of our designated service providers. Time frames 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 the 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 agree that you are responsible for backing up (a) any data you submit, receive or transfer over the Service, including, without limitation,
your email; and (b) any data, files, programs, or applications on any device you connect to the Service. You acknowledge that you are aware that content 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 your account by minors.
You ratify and confirm any obligations incurred by a minor using your account.
3. Fees and Payment.
3.1 Fees, Taxes and Other Charges.
(a) Commencement and Duration of Fees. You acknowledge that (subject to any exceptions granted by us) you will pay for the Service each month in
advance and such monthly fees will apply for each and every month (or portion of a month) that you are a subscriber, beginning with the date your Internet
Service is activated. In addition, we may bill you for some aspects of the Services individually after they have been provided to you; these include charges
to buy more data for your Internet Service, for toll calls and directory assistance calls made using Exede Voice and for your receipt of Premier Tech
Support. Your account will continue until you cancel your 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 Fee, if applicable,
and/or any other applicable termination fee. The monthly fees 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 Service plan you selected, any registration, activation or monthly
fees (including, without limitation, any applicable discounts), service charges, minimum charges and other amounts charged to or incurred by you, or by
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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
federal, state and local taxes, fees and surcharges related to your use of the Service, provision of services, software or hardware or the use of the Service
by users of your account. Information on our charges and surcharges may be made available to you on www.exede.com or www.wildblue.com, as
applicable to your Service. We will send your billing statements to the email address you provide to us, and you agree that this is sufficient notice for all
purposes as to charges incurred and paid or to be paid to us. You understand and agree that you will not receive a paper statement in the mail. Additional
terms relating to pricing, billing, and payment which are an integral part of this Agreement are contained in your Service plan details. ViaSat reserves the
right to correct and charge under-billed or unbilled amounts for a period of 90 days after (i) any incorrect statement was issued or (ii) a statement should
have been issued. Payment of the outstanding balance is due in full each month.
(c) Administrative Fees. If your electronic payment is not received by us by its due date or your payment is returned, we may charge you administrative
late or nonpayment fees equal to the lesser of (i) $5.00 per month, or (ii) the maximum amount permitted under applicable law. Such charge shall apply
monthly until all delinquent amounts are paid in full. If your EFT Payment or Card Payment fails to be honored by your bank or other financial institution, we
may charge you a collection fee equal to the lesser of (i) $15.00, or (ii) the maximum amount permitted under applicable law. You acknowledge that these
fees are not interest or finance charges and are reasonably related to the actual expenses we incur due to non-payment.
(d) Price Lock Guarantee. Our price lock guaranty applies only to the monthly internet service fee and the Equipment Lease Fee (in each case before
any promotional discounts) and excludes all taxes and surcharges. The price lock guarantee runs for 36 consecutive months from the date of account
activation, requires that your account remain in good standing, and may terminate with certain account changes.
3.2 Card and EFT Payment Authorization. You agree that ViaSat will bill your monthly Service fee and lease fee (if applicable) and one time
charges in advance and will bill other fees in arrears such as fees to buy more data, for toll calls and for your receipt of Premier Tech Support, and in all cases will
automatically collect these fees through either a Card Payment or EFT Payment. By signing this Agreement and receiving the Service, you authorize automatic Card
Payments or EFT Payments by ViaSat. You agree that the charges described above will be billed to the credit or debit card provided by you when you applied for the
Service until such time as you may authorize recurring EFT Payments. Each time you provide ViaSat with an EFT Payment, you consent to ViaSat verifying with a
consumer reporting agency or other third party that the bank account you have provided is valid, available and acceptable to ViaSat for electronic payments on your
billing account. You must provide current, complete, and accurate information for your billing account, and promptly update any changes (such as a change in billing
address, credit card number, credit card expiration date, bank account number) and contact email address. Changes to such information may be made by calling
ViaSat Customer Care at 1-855-463-9333. If you fail to provide us with any of the foregoing information, you agree that ViaSat may continue charging you for any
Service provided under your account. Your card issuer may also contact ViaSat and notify ViaSat of changes to your billing account, and you hereby authorize ViaSat
to update your billing account based upon such notice. In addition to administrative fees that you may owe, if we are unable to process your Card Payment or EFT
Payment at any time and we do not receive electronic payment from you by the due date, your account may be immediately suspended and you will remain responsible
for all amounts payable by you to us. If we do not receive your payment before your next statement is issued, your account may be terminated and you may owe us
the Termination Fee and/or any other applicable termination fee. Your card issuer agreement governs use of your credit or debit card in connection with this Service
and you must refer to that agreement with respect to your rights and liabilities as a cardholder. If we do not receive payment from your credit or debit card issuer or its
agent, you agree to pay us all amounts due upon demand by us. You agree that ViaSat 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.
3.3 Billing Errors, Partial Payments and Collections. If you think a charge is incorrect or you need more information on any charges applied to
your account, you should contact us at 1-855-463-9333. You must contact us within 60 days of receiving the statement on which the error or problem
appeared. We will make a statement available to you for each billing cycle showing payments, credits, purchases and other charges. We 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 amount. If you send us checks or money orders marked "payment in full" or
otherwise labeled with a similar restrictive endorsement, we may, but are not required to, accept them, without waiving any of our rights to collect all amounts owed by
you under this Agreement. If we choose to use a 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, without limitation, collection agency fees, reasonable attorney's fees, and court costs.
3.4 Reactivation. To reactivate suspended Service, you must bring your account current 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. Any amounts deposited by you will appear on your statement as a credit, and service charges and other fees will be invoiced
as described above. If you fail to pay any amount on a subsequent bill, the unpaid amount will be deducted each billing cycle from the credit amount. Credit amounts
will not earn or accrue interest.
3.5 Credit Inquiries and Reporting. You authorize us to make inquiries and to receive information about your credit experience from others,
including, without limitation, credit reporting agencies, to enter this information in your file and to disclose this information concerning you to third parties for reasonable
business purposes. In the case of late payment or non-payment for any Service 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 on the ViaSat website applicable to your Service: www.exede.com or
www.wildblue.com, we may modify this Agreement, including, without limitation, our pricing and billing terms. We may, but are not required to, also notify you by e-mail
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 below and stop
using the Service within five days after the effective date of such modifications. Your continued use of the Service after this five-day period constitutes your acceptance
of such modifications. If a change results in an increase of the monthly fee by more than 25%, however, you may terminate your Service, without incurring the
Termination Fee and/or any other applicable termination fee, by calling us within 30 days after the first statement reflecting such changes is issued.
4.2 Modification of the Service. We may discontinue, add to or revise any or all aspects of the Service in our sole discretion and without notice,
including, without limitation, access to support services, publications and any other products or services ancillary to the Service. In particular, we reserve the right in
our sole discretion to modify, supplement, delete, discontinue or remove any software, file, publications, information, communication or other content that we or one of
our vendors provide to you in connection with the Service. If we undertake any of these changes, we may, but are not required to, notify you by e-mail, posting a notice
on one or more of the ViaSat websites or other electronic notice. If you do not agree to the identified changes, then you must cancel your subscription and stop using
the Service prior to the effective date of the changes. Your use of the Service after the effective date of the changes constitutes your acceptance of the changes. In
addition, we may take any action consistent with our Acceptable Use, Data Allowance and Bandwidth Usage Policies and Email End User License Agreement,
including, without limitation, actions to (a) prevent unsolicited 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 ViaSat or its subscribers, (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.
4.3 Termination by Subscriber. Subject to your payment of the Termination Fee and/or any other applicable termination fee and the monthly fees
for the full billing cycle in which termination occurred, you may immediately terminate this Agreement at any time by giving us written or telephone notice. You are
responsible for the full monthly Service fee for any month (or portion of a month) in which you receive Service and ViaSat will not provide a pro-rata refund for any prepaid
fees regardless of when your Service is terminated. In limited circumstances, ViaSat may permit you to temporarily suspend service. You are responsible for the
full monthly Service fee for any month (or portion of a month) in which you receive Service and ViaSat will not provide a pro-rata refund for any pre-paid fees regardless
of when your Service is suspended. Please allow five business days from the date of receipt for processing written requests to terminate or suspend your Service.
ViaSat does not accept notices of termination or suspension via e-mail or chat. You will continue to be liable under this Agreement for all fees and charges until such
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time as the Agreement has been properly terminated or suspended or we have acknowledged such termination or suspension in writing or by e-mail. Once your
account is terminated, you will no longer have access to any of the web or email services provided to you as part of the Service. In addition, if you leased your
Equipment, upon termination you will be responsible for the return of the Equipment to ViaSat in accordance with your obligations under the Lease Addendum.
4.4 Termination or Suspension by ViaSat. We reserve the right in our sole discretion to terminate your Service and this Agreement or suspend
your Service at any time (with or without notice), in whole or in part. If we terminate or suspend your Service because you have or a user of your account has breached
this Agreement or violated a law, then notwithstanding the termination or suspension of your Service, you will remain responsible for all payment and other obligations
under this Agreement, including, without limitation, the obligation to pay all charges that may be due as a result of or in connection with such termination or suspension.
In these instances, you are responsible for the full monthly Service fee for any month (or portion of a month) in which you receive the Service and ViaSat will not
provide a pro-rata refund for any pre-paid fees regardless of when your Service is terminated or suspended.
5. Permitted Use and Restrictions on Use.
5.1 Software License. Subject to the terms of this Agreement, ViaSat grants to you a personal, non-exclusive, non-assignable and nontransferable
license to use and display the software provided by or on behalf of ViaSat (including any updates) only for the purpose of accessing the Service
("Software") on any computer(s) on which you are the primary user or which you are authorized to use. Our Privacy Policies provide important information about the
Software applications we utilize. Please read the terms very carefully, as they contain important disclosures about the use and security of data transmitted to and from
your computer. Unauthorized copying of the Software, including, without limitation, 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
ViaSat. 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 ViaSat 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. You agree to comply with ViaSat’s Acceptable Use Policy, Data Allowance Policy, Bandwidth Usage
Policy and Email End User License Agreement applicable to your service located at www.exede.com/legal and www.wildblue.com/legal, all of which are incorporated
into and made a part of this Agreement. ViaSat reserves the right to immediately terminate the Service and this Agreement if you knowingly or otherwise engage in any
prohibited activity. You do not own or have any rights (other than those expressly granted to you) to a particular IP address, even if you are utilizing a static IP address.
5.3 Data Allowance and Bandwidth Usage Policies. If you are a subscriber to a Classic Exede, Essential 10, Exede Evolution or WildBlue Plan
and your monthly data usage exceeds the limits set forth in the Data Allowance Policy applicable to the Internet Service plan you receive, we will significantly slow
and/or restrict your Internet Service, or certain uses of your Internet Service, for the remainder of your monthly billing period, as described in our Data Allowance Policy
incorporated in this Agreement. If you are a Liberty Plan subscriber, you are subject to Priority Data usage limits which are described in the Data Allowance Policy. If
you use more Priority Data than your Liberty Plan provides, you will receive Liberty Pass for the remainder of your monthly billing period. Liberty Pass speeds will be
slower than Priority Data speeds, do not support video streaming on multiple devices and may not support streaming of high definition video. Liberty Pass speeds will
vary based on the time of day and your geographic location and may be extremely slow when the network is busy, typically in the evening hours (about 5:00 p.m. –
2:00 a.m. local time), which may greatly impair your ability to use the internet. Liberty Pass users will receive lower priority on our network than subscribers who have
not exceeded their data allowance or other data threshold, which may result in Liberty Pass users experiencing slower speeds when the network is busy than
subscribers who have not exceeded their data allowance or other data threshold. Heavier users of Liberty Pass may be slowed to a larger extent than lighter users. If
you are a Freedom Plan subscriber and your monthly data usage exceeds 150 GB, certain speeds of your Internet Service will be slowed, as described in our
Bandwidth Usage Policy incorporated in this Agreement. As further described in our Bandwidth Usage Policy, ViaSat may contact you and request that you reduce your
monthly usage below 150 GB or transition to another service plan, If you do neither, ViaSat may terminate your service in accordance with Section 4.4 above. ViaSat’s
Internet Service is not guaranteed. All Internet Service plans other than the Hibernation Plan and the Freedom Plan are subject to the Data Allowance Policy.
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-ViaSat local area
network or wide area network, unless specifically authorized in writing by ViaSat. 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 or any other ViaSat 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 Equipment to any computer outside of your residence.
5.5 No Unauthorized Use of Equipment or Software. You are strictly prohibited from servicing, altering, modifying, or tampering with the
Equipment, Software or Service or permitting any other person who is not authorized by ViaSat to do the same. 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 any devices you connect to the Internet through the Service,
including, without limitation, maintaining at your cost an up-to-date version of anti-virus and/or firewall software to protect your devices 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 or an
Internet connected device becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy, ViaSat 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. Although ViaSat has no obligation to monitor the Services or its network, ViaSat and its authorized suppliers
reserve the right to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, identify violations of this Agreement, or
protect the ViaSat network, the Services and other users of the Services. In all cases, you are solely responsible for the security of any device you choose to connect
to the Service, including, without limitation, the security of any data stored or shared on such device(s).
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 login and password. You are considered the registered recipient of the Service(s), 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 we receive your notice of termination, unless otherwise
provided by applicable law. You may not assign or transfer your Service without our written consent. If you do, we may terminate your Service. If your Equipment is
stolen or otherwise removed from your premises without your authorization, you must notify ViaSat Customer Care Center immediately, or else you will be liable for
payment for unauthorized use of the Service or Equipment.
6. Equipment. If you purchased your Equipment, the terms of sale applicable to the Equipment are governed by your purchase agreement or other
documents evidencing such sale and, if applicable, ViaSat’s limited warranty (available at www.wildblue.com/legal) and service plan, if any. In addition, the Equipment
contains software and/or other intellectual property which is subject to a license agreement(s). Any breach of such license agreement(s) constitutes a breach of this
7. Warranties and Limitations of Liability.
7.1 DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. VIASAT AND
VIASAT’S SUBSIDIARIES AND AFFILIATES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, AGENTS,
WHOLESALERS, DEALERS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND THIRD PARTY CONTENT PROVIDERS (COLLECTIVELY, “VIASAT’S
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PARTNERS”) DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE AS WELL AS ANY AND ALL
WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, 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, WITHOUT LIMITATION, 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. VIASAT AND VIASAT’S PARTNERS EXPRESSLY DISCLAIM 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 VIASAT OR ANY OF VIASAT’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU
RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT
AVAILABLE ON THE INTERNET, VIASAT AND VIASAT’S PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION
YOU OBTAIN THROUGH THE SERVICE. VIASAT AND VIASAT’S PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS
OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICE. 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 CONCERNING EQUIPMENT PURCHASED BY YOU 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, NEITHER VIASAT NOR ANY OF VIASAT’S PARTNERS
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 VIASAT’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF VIASAT’S PARTNERS SHALL BE
LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO VIASAT BY YOU FOR THE
APPLICABLE SERVICE DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF ANY ERROR, DEFECT OR FAILURE AND
CEASING UPON THE DISCOVERY OF SUCH ERROR, DEFECT OR FAILURE, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL
SUCH PERIOD OF TIME EXCEED THE 12-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS FIRST
DISCOVERED IN WHOLE OR IN PART.
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 ViaSat 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 Equipment, which is governed by your purchase agreement or other documents evidencing such sale
and if applicable, ViaSat’s limited warranty (available at www.wildblue.com/legal) and service plan, if any.
7.4 Service Interruptions. Service may be interrupted from time to time for a variety of reasons, including, without limitation, weather conditions at
your home or at your assigned gateway location. Weather conditions at your assigned gateway may be different than the weather at your home. We are not
responsible for any interruptions of the Service that occur due to acts of God (including, without limitation, 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.
7.5 Indemnity. You agree to indemnify, defend and hold us harmless against all claims, liability, damages, costs and expenses, including, without
limitation, reasonable attorneys’ fees, arising out of or related to any and all uses of your account. This includes, without limitation, responsibility for all consequences
of your violation of this Agreement (or a violation by any user of your account) 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 7 are for the benefit of us and our respective contractors, information or content
providers, service providers, licensors, employees and agents, and each shall have the right to assert and enforce such provisions directly on its own behalf. Other
than as expressly stated in this Agreement, this Agreement shall not be deemed to create any rights in third parties.
8.1 Call Monitoring and Recording. For quality assurance, ViaSat records and/or monitors telephone calls and online chat sessions between its
customers and ViaSat agents, employees and/or its affiliates regarding the Services. By using the Service, you (and anyone calling or otherwise contacting ViaSat with
regard to your account) consent to any and all call and online chat session recording and monitoring performed by ViaSat or its agents, employees and/or its affiliates.
8.2 Contact Information. You agree that by entering into this Agreement and providing ViaSat with your wireless phone number and/or any other
telephone number and/or your e-mail address, ViaSat or its agents may contact you for: (a) any account-related issues by calling or texting you at such number(s)
using a prerecorded/artificial voice or text message delivered by an automatic telephone dialing system and/or using a call made by live individuals, and/or (b) for any
account-related issues or for marketing purposes by sending an e-mail to such e-mail address. The consent provided here continues even if your Service terminates. If
you do not wish to receive marketing emails, you may follow the opt-out instructions contained in any such email by making an opt-out request or by visiting
8.3 Applicable Law. This Agreement is made in the State of Colorado. This Agreement and all of the parties’ respective rights and duties,
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 Colorado, in the United States, excluding conflicts of law provisions.
8.4 Dispute Resolution. To expedite resolution of issues and control the cost of disputes, you and ViaSat agree that any legal or equitable claim
relating to this Agreement, any addendum, or your Service (referred to as a “Claim”) will be resolved as follows: We will first try to resolve any Claim informally.
Accordingly, neither of us may start a formal proceeding until at least 60 days after one of us notifies the other of a Claim in writing (“Notice”). You will send your Notice
to the address on the first page of this Agreement to the attention of the ViaSat Legal Department and we will send our Notice to your billing address. If you and ViaSat
are unable to resolve the Claim within 60 days after Notice is received, then ViaSat and you agree to arbitrate any and all Claims between us. This agreement to
arbitrate is intended to be broadly interpreted. It includes, but is not limited to:
? Any Claims arising out of or relating to any aspect of the relationship between us, whether based in contract, statute, fraud, misrepresentation, tort, or any
other legal theory;
? Any Claims that arose before this Agreement or any prior agreement between us;
? Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or
? Any Claims that may arise after the termination of this Agreement.
Notwithstanding the foregoing, either party may bring an individual action in small claims court in the county of your billing address. This Agreement does not preclude
you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these
agencies may seek relief against us on your behalf. You agree that by entering into this Agreement, you and ViaSat each waive the right to participate in a
class action and/or a trial by jury. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation
and enforcement of this provision. This Dispute Resolution provision shall survive termination of this Agreement. The arbitration shall be governed by the Consumer
Arbitration Rules (collectively, the “Arbitration Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the
AAA. The Arbitration Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the address on the first page of this Agreement to the
attention of the ViaSat Legal Department. The arbitrator is bound by the terms of this Agreement. All issues shall be for the arbitrator to decide, except issues relating
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to the scope and enforceability of this Dispute Resolution provision which shall solely be for a court of competent jurisdiction to decide. Any arbitration hearings shall
take place at a location which is reasonably convenient to you and ViaSat. During the arbitration, neither party shall disclose to the arbitrator the amount of any
settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or ViaSat is entitled. If your claim is for $5,000 or less, you
and ViaSat agree that you may choose whether the arbitration will be conducted solely on the basis (a) of documents submitted to the arbitrator, (b) through telephonic
hearings, or (c) by an in-person hearing as established by the Arbitration Rules. If your claim is in excess of $5,000, the right to a hearing shall be determined by the
Arbitration Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficiently explaining the
essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is
frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees related
to the arbitration shall be governed by the Arbitration Rules. In such case, you agree to reimburse ViaSat for all monies previously disbursed by it that are otherwise
your obligation to pay under the Arbitration Rules. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to
the extent necessary to provide relief warranted by that party’s individual Claim. YOU AND VIASAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE
OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR
REPRESENTATIVE PROCEEDING. Furthermore, the arbitrator may not consolidate more than one person’s Claim, and may not otherwise preside over any form of a
representative or class proceeding, unless both you and ViaSat otherwise agree in writing. Notwithstanding any provision in this Agreement to the contrary, we agree
that if ViaSat makes any future change to this Dispute Resolution provision during your Minimum Service Term, you may reject any such change by sending us written
notice within 30 days of the change to the address on the first page of this Agreement. By rejecting any future change, you are agreeing that you will arbitrate any
dispute between us in accordance with the language of this Dispute Resolution provision. Any cause of action brought by you, or by users of your account, with respect
to the Service or this Agreement must be instituted within one year after the claim or cause of action has arisen or it will be barred.
8.5 Notices, Disclosures and Other Communications. Where notification by ViaSat is contemplated by or related to this Agreement, notice may
be made by any reasonable means, including, without limitation, e-mail or publication over the Service. A printed version of this Agreement and of any notice given in
electronic form by ViaSat shall be admissible in judicial, arbitration, or 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 of any
change in your credit card information, e-mail or postal address by calling ViaSat Customer Care.
8.6 Construction and Delegation. If any term of this Agreement is found by a court or arbitrator 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. 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 the 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.
8.7 Miscellaneous. 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 the 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. The
provisions of any Sections of this Agreement which by their nature should continue shall survive any termination of this Agreement.
8.8 Assignment Of Account. We may sell, assign, pledge or transfer this Agreement (including any addendum to this Agreement), 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 billing statement.
8.9 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 ViaSat, 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 Agreement.