HughesNet Voice Service Addendum to Residential Subscriber Agreement
(Effective for Customers who have subscribed to the HughesNet Voice Service before 10/01/14)
Thank you for choosing the HughesNet® Voice Service!
EXCEPT WHERE OTHERWISE INDICATED IN THIS ADDENDUM, ALL OF THE TERMS AND CONDITIONS OF THE SUBSCRIBER AGREEMENT APPLY TO THE HUGHESNET VOICE SERVICE.
1. SERVICE DESCRIPTION AND LIMITATIONS
The HughesNet Voice Service (the “HughesNet Voice Service”) is an enhanced communications service involving the conversion of voice communications to Internet Protocol and carriage, in part, over Internet access lines. The HughesNet Voice Service may also include certain calling features to the extent offered by Hughes and requested by You, and which Hughes, in its sole discretion, may offer, modify, or cease to offer at any time or from time to time.
The HughesNet Voice Service requires electrical power and also requires an Internet connection. You acknowledge that the HughesNet Voice Service will not function in the event of a power failure or an interruption of the Internet connection over which the HughesNet Voice Service is delivered. In such event, and after power and/or the Internet connection has been restored, You may have to reset or reconfigure the Equipment provided by Hughes in connection with the HughesNet Voice Service (the “VoIP Equipment”) to re-enable the HughesNet Voice Service.
The HughesNet Voice Service requires that you purchase an analog terminal adapter (“ATA”) from Hughes. The price of the ATA is not subject to refund except as described in Section 2.1 below.
You acknowledge that voice quality over Internet connections may be poor due to the inability to prioritize voice traffic over data traffic, or as a result of third-party networks or the public Internet. In addition, because the HughesNet Voice Service utilizes a satellite-based Internet access service, the latency, or gap between the time when You stop speaking to the time when the other person on the call hears your voice, will be longer than with a terrestrial based system. You acknowledge that Hughes has no responsibility to troubleshoot voice quality issues on Internet connections (other than those provided by the HughesNet Service), or any third-party networks or the public Internet.
You acknowledge that Hughes makes no promise or warranty as to whether any peripherals and/or other equipment not provided by Hughes, including, but not limited to, fax machines and modems, will properly function with the HughesNet Voice Service. In fact, such peripheral equipment is not likely to operate with the HughesNet Voice Service. You acknowledge that use of the HughesNet Voice Service in conjunction with third-party equipment is at Your own risk, and Hughes takes no responsibility whatsoever in connection with Your use of the HughesNet Voice Service with any peripherals or equipment not provided by Hughes.
You acknowledge that Hughes makes no promise or warranty as to whether the HughesNet Voice Service will operate with alarm, security, medical, and/or other monitoring systems and services (“Alarm Services”). You must ensure that all Alarm Services and related signal transmission services are tested to validate that they remain fully operational after installation of HughesNet Voice Service. You are solely responsible for obtaining such testing from the appropriate Alarm Service providers, ensuring that such testing is completed in a timely manner, and confirming that the Alarm Services and any related equipment, facilities, and systems that are connected to the HughesNet Voice Service operate properly. You are solely responsible for any and all costs associated with this activity.
If you have subscribed to the HughesNet Voice Service, the “Service” as defined in Section 2 (“The Service”) of the Subscriber Agreement includes the HughesNet Voice Service. UNLESS OTHERWISE EXPRESSLY INDICATED IN THIS ADDENDUM, ALL TERMS AND CONDITIONS OF THE SUBSCRIBER AGREEMENT APPLICABLE TO THE SERVICE ALSO APPLY TO THE HUGHESNET VOICE SERVICE.
2. SERVICE COMMITMENT, TERMINATION, AND SERVICE TERMINATION FEES
HughesNet offers two different Voice Service Plans. With one of the Voice Service Plans, you are committing to receiving Voice Services for a minimum of twelve (12) months. With this Plan, if you terminate the HughesNet Voice Service prior to expiration of that commitment, you will owe, and your credit or debit card will be charged a Service Termination Fee, up to a maximum fee of $120. The amount of this Service Termination Fee will then decrease by $10 per month for each month of active service.
Section 1.3 (“Service Commitment and Early Termination Fees”) of the Subscriber Agreement shall not apply to the HughesNet Voice Service. ANY SERVICE TERMINATION FEE CHARGED WITH RESPECT TO THE HUGHESNET VOICE SERVICE SHALL BE IN ADDITION TO, NOT IN LIEU OF, ANY SERVICE TERMINATION FEE CHARGED PURSUANT TO SECTION 1.3 OF THE SUBSCRIBER AGREEMENT WITH RESPECT TO THE SERVICE.
If you elect to terminate the HughesNet Service, it is not necessary for you to also terminate the HughesNet Internet Access Service. A request to terminate the Voice Service shall not be treated as a request to terminate the Service. However, if you request to terminate the Service, this will be treated as a request to terminate the HughesNet Service, and you will be charged the Service Termination Fees, if any, applicable to both the Service and the HughesNet Voice Service.
You agree to provide Hughes with thirty (30) days’ notice of termination of the HughesNet Voice Service, subject to the Service Termination Fee to the extent applicable. You shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Hughes. Hughes reserves the right, at its sole discretion, to suspend, terminate, or change the HughesNet Voice Service without advance notice for any reason, including without limitation, misuse of the HughesNet Voice Service in any way, Your breach of this Addendum, Your failure to pay any sum due hereunder, suspected fraud, or other activity that adversely affects the HughesNet Voice Service, Hughes, Hughes's network, or other customers’ use of the Voice Service. Hughes reserves the right to determine, at its sole discretion, what constitutes misuse of the Voice Service, and You agree that Hughes's determination is final and binding on You. Hughes may require an activation fee to change or resume a terminated or suspended account.
3. INTERNATIONAL SERVICE PLANS
The HughesNet Voice Service offers two separate International Service Plans – one for 200 international minutes per month and one unlimited International Plan. Both plans are subject to the HughesNet Voice Reasonable Use Policy found here. If you have not subscribed to one of these plans, you will not be able to place calls outside the United States and Canada. In addition, if you have subscribed to the 200-minutes plan, You will not be able to place such calls once the 200 minutes have been exhausted. Hughes will attempt, but make no guarantee, to provide You with aural notice once You have reached 198 minutes that your selected service plan is about to be exhausted. You may not roll over any unused minutes to the next month. Both International Service Plans provide calling service to approximately sixty (60) countries. A list of these countries can be found here. Calling to mobile phones is limited to the set of countries as appropriately identified in the list of countries. Both International Service Plans provide calling service to landline phones only in these countries. Calling to mobile phones is limited to the set of countries as appropriately identified in this list of countries.
Fees, Taxes, and other Charges. You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation, and/or monthly fees, minimum charges, and other amounts charged to or incurred in connection with the HughesNet Voice Service by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and Universal Service assessments related to your use of the HughesNet Voice Service or the use of the HughesNet Voice Service by users of your account. Information on charges and surcharges (if any) that are to be paid to us and are incurred by you or by users of your account will be made available to you on the Website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. In addition, you also agree to pay a surcharge on your service to cover Hughes’ liability for the payment of personal property taxes which may be owing by Hughes in respect to any ATA Equipment provided pursuant to this Agreement. Hughes reserves the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon thirty (30) days’ prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing, and payment are set forth and available on the Website.
A Regulatory Recovery Fee may be charged monthly to offset costs incurred by Hughes in complying with inquiries and obligations imposed by federal, state, and municipal regulatory bodies/governments and the related legal and billing expenses. This fee is not a tax or charge required or assessed by any government. The Regulatory Recovery Fee will apply to every phone number assigned, including toll-free and virtual numbers.
Method of Payment. Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Hughes explicitly and in advance permits another method of payment, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express, or Discover) that Hughes may charge for all Service fees or other amounts payable under this Agreement (including Early Termination Fees and Unreturned Equipment Fees). Additionally, you agree that Hughes may pre-charge your monthly Service fee to the credit or charge card supplied by you during activation or subscription. You hereby authorize automatic credit or charge card billing by Hughes for all such charges. You further agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.
Other Terms and Conditions of Payment. Sections 6.2 (“Payment”) and 6.3 (“Commencement and Duration of Subscriber Fees”) of the Subscriber Agreement apply to all charges incurred and payment in connection with the HughesNet Voice Service.
5. TELEPHONE NUMBERS
Any phone number provided by Hughes is leased and not sold. You are not to use the phone number with any other device other than the ATA Equipment without the express written permission of Hughes.
In the event You are not utilizing a new phone number for HughesNet Voice Service, but rather transferring to HughesNet Voice Service an existing phone number, which currently is subscribed to a carrier other than Hughes for local and/or long-distance telephone services, the terms and conditions of this paragraph shall apply:
You shall authorize Hughes as Your designated agent to process your order for HughesNet Voice Service and to notify Your local telephone company of Your decision to switch local and/or long-distance telephone services to HughesNet Voice Service, and represent that You are authorized to take this action.
You agree and acknowledge that if You set up ATA Equipment prior to the date that the number switch becomes effective (“Port Effective Date”), You may be able to make outgoing calls only over the phone You may then have connected to the Equipment. In such event, You should keep another phone connected to an existing phone extension at Your service location to receive incoming calls until the Port Effective Date, after which You will be able to both make and receive calls using the HughesNet Voice Service, and You shall at all times remain fully responsible for any and all charges, costs, and expenses that may arise as a result of Your use of the HughesNet Voice Service and/or the HughesNet Voice Equipment.
You agree and acknowledge that if Your ATA Equipment is not yet activated as of the Port Effective Date, Your existing telephone service for the number You are transferring may be disconnected and You may have no service for that line. Therefore, to avoid an interruption in Your telephone service, it is extremely important that You install the Equipment prior to, or on, the Port Effective Date.
Upon expiration, cancellation, or termination of the HughesNet Voice Service, You will immediately relinquish and discontinue use of any phone numbers, voice mail access numbers, and/or web portals assigned to You by Hughes or its vendors, except any phone number validly ported to another service provider in accordance with applicable law.
6. 911 – EMERGENCY SERVICE
PLEASE READ THE INFORMATION BELOW ABOUT 911 DIALING CAREFULLY. BY ENROLLING IN, ACTIVATING, USING, OR PAYING FOR THE HUGHESNET VOICE SERVICE, YOU AGREE THAT YOU HAVE READ THIS ADDENDUM AND UNDERSTAND THE LIMITATIONS OF THE HUGHESNET VOICE SERVICE DESCRIBED HEREIN. YOU HEREBY ACKNOWLEDGE AND AGREE TO ALL OF THE INFORMATION BELOW REGARDING THE LIMITATIONS OF THE HUGHESNET VOICE SERVICE 911 CAPABILITIES (WHICH CONSIST OF EITHER "ALTERNATIVE 911" OR "E-911"), AND THE DISTINCTIONS BETWEEN SUCH CAPABILITIES AND TRADITIONAL WIRELINE 911 OR E-911 CAPABILITIES. YOU ALSO HEREBY AGREE (A) TO PROVIDE HUGHES WITH AN ACCURATE SERVICE ADDRESS, MEANING THE ACTUAL PHYSICAL LOCATION WHERE YOU WILL USE THE HUGHESNET VOICE SERVICE, AND (B) THAT YOU WILL NOT ATTEMPT TO USE THE HUGHESNET VOICE SERVICE AT ANY LOCATION OTHER THAN AT ITS DESIGNATED SERVICE ADDRESS. HUGHES RESERVES THE RIGHT TO TERMINATE SERVICE IN THE EVENT YOU DO NOT PROVIDE AND MAINTAIN AN ACCURATE SERVICE ADDRESS AND/OR IF YOU ATTEMPT TO USE HUGHESNET VOICE SERVICE AT ANY LOCATION OTHER THAN ITS DESIGNATED SERVICE ADDRESS.
YOU ACKNOWLEDGE AND AGREE THAT HUGHES HAS FULLY INFORMED YOU THAT THE HUGHESNET VOICE SERVICE DOES NOT SUPPORT TRADITIONAL WIRELINE E-911 CAPABILITY. YOU AGREE TO ADVISE ALL INDIVIDUALS OF THIS LIMITATION WHO MAY HAVE OCCASION TO PLACE CALLS OVER THE HUGHESNET VOICE SERVICE FROM THE LOCATION AT WHICH YOU HAVE INSTALLED IT. YOU ACKNOWLEDGE THAT HUGHES DOES NOT OFFER PRIMARY LINE OR LIFELINE SERVICES, AND THAT HUGHES STRONGLY RECOMMENDS THAT YOU ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING 911 EMERGENCY SERVICES VIA A TRADITIONAL PHONE LINE OR A WIRELESS PHONE.
ALTERNATIVE 911 AND E-911: 911 SERVICE IS ONLY AVAILABLE ON THE HUGHESNET VOICE SERVICE USING CERTIFIED ATA EQUIPMENT AND UPON SUCCESSFUL COMPLETION OF SERVICE INSTALLATION. WHEN YOU DIAL 911 ON CERTIFIED ATA EQUIPMENT UTILIZING THE HUGHESNET VOICE SERVICE, THE CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL WIRELINE 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER A PUBLIC SAFETY ANSWERING POINT (“PSAP”) OR OTHER PSAP OR LOCAL OR REGIONAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR WIRELINE OR WIRELESS SERVICES FOR THE ADDRESS YOU HAVE LISTED AT THE TIME YOU REGISTERED FOR THE HUGHESNET VOICE SERVICE OR OTHER BACKUP EMERGENCY ANSWERING SERVICES. IN ADDITION, YOUR ALTERNATIVE 911 OR E-911 SERVICE USING THE HUGHESNET VOICE SERVICE HAS GREATER LIMITATIONS THAN TRADITIONAL WIRELINE 911 SERVICE AS SET FORTH IN THIS SECTION.
LIMITATIONS APPLICABLE ONLY TO ALTERNATIVE 911 SERVICE: THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER RECEIVING THE HUGHESNET VOICE SERVICE ALTERNATIVE 911 CALLS MAY NOT ANSWER THE CALLS OUTSIDE OF NORMAL BUSINESS HOURS AND MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE DISPATCHER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 911 CALL. THEREFORE, IF YOU DIAL 911 USING THE HUGHESNET VOICE SERVICE, YOU MUST IMMEDIATELY TELL THE DISPATCHER YOUR NAME, ADDRESS (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT), AND PHONE NUMBER. YOU MUST ALSO TAKE CARE NOT TO DISCONNECT THE LINE. IF YOU DISCONNECT THE LINE BEFORE HAVING GIVEN THE DISPATCHER YOUR PHONE NUMBER, THE DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK IN THE EVENT OF AN EMERGENCY. IF YOU ARE UNABLE TO SPEAK AND DESCRIBE YOUR LOCATION, THE DISPATCHER MAY NOT BE ABLE TO LOCATE YOU.
LIMITATIONS APPLICABLE TO BOTH ALTERNATIVE 911 AND E-911 SERVICE: THE HUGHESNET VOICE SERVICE’S ALTERNATIVE 911 OR E-911 SERVICE WILL NOT FUNCTION IF ANY CERTIFIED ATA EQUIPMENT FAILS OR IS NOT CONFIGURED CORRECTLY OR IF THE HUGHESNET VOICE SERVICE IS INTERRUPTED OR NOT FUNCTIONING FOR ANY REASON, INCLUDING, BUT NOT LIMITED TO, IN THE EVENT OF A POWER OUTAGE, HIGH-SPEED INTERNET ACCESS SERVICE OUTAGE, OR SUSPENSION OR DISCONNECTION OF SERVICE BECAUSE OF BILLING OR ANY OTHER ISSUES. IF THERE IS A POWER OUTAGE, YOU MAY BE REQUIRED TO RESET OR RECONFIGURE THE ATA EQUIPMENT PRIOR TO BEING ABLE TO USE THE HUGHESNET VOICE SERVICE AGAIN, INCLUDING FOR ALTERNATIVE 911 OR E-911 PURPOSES. IN SOME STATES,OR IN CERTAIN AREAS WITHIN SOME STATES, DUE TO TECHNICAL LIMITATIONS OF THE 911 SYSTEMS IN THOSE STATES OR AREAS, THE PSAP OR LOCAL EMERGENCY SERVICE DISPATCHER RECEIVING HUGHESNET VOICE SERVICE E-911 CALLS MAY NOT BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE DISPATCHER MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE 911 CALL. THEREFORE, IF YOU DIAL 911 USING THE HUGHESNET VOICE SERVICE, YOU MUST IMMEDIATELY TELL THE DISPATCHER YOUR NAME, ADDRESS (OR THE LOCATION OF THE EMERGENCY, IF DIFFERENT), AND PHONE NUMBER. HUGHES CANNOT GUARANTEE THAT ALL PSAPS WILL MAINTAIN LINES TO ANSWER ALTERNATIVE 911 SERVICES.
FOR TECHNICAL REASONS ASSOCIATED WITH THE POSSIBILITY OF NETWORK CONGESTION, WITH THE HUGHESNET VOICE SERVICE THERE IS A POSSIBILITY THAT A 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER, AS COMPARED TO TRADITIONAL WIRELINE 911 CALLS.
IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR ATA EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER AND THE LOCAL EMERGENCY SERVICE DISPATCHER WILL NOT BE ABLE TO LOCATE THE 911 CALLER.
IF YOU HAVE CALL FORWARDING, LOCATE ME, DO NOT DISTURB, OR OTHER FEATURES PROGRAMMED AND IN USE AT THE TIME YOU DIAL A 911 CALL, AND THE 911 CALL IS INTERRUPTED, THE EMERGENCY DISPATCHER MAY NOT BE ABLE TO CALL YOU BACK AT THE PHONE FROM WHICH THE CALL WAS PLACED.
ALTERNATIVE 911 AND E-911 WILL NOT FUNCTION CORRECTLY IF YOU MOVE THE ATA EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. YOU MUST NOT ATTEMPT TO USE THE HUGHESNET VOICE SERVICE OR ANY ATA EQUIPMENT AT ANY LOCATION OTHER THAN AT ITS DESIGNATED SERVICE ADDRESS.
YOU ACKNOWLEDGE AND AGREE THAT HUGHES WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING THE HUGHESNET VOICE SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE ALTERNATIVE 911 AND E-911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS ADDENDUM. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HUGHES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER OR SUPPLIER WHO FURNISHES SERVICES DIRECTLY OR INDIRECTLY TO YOU IN CONNECTION WITH THE HUGHESNET VOICE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE HUGHESNET VOICE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE HUGHESNET VOICE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
7. USE OF THE SERVICE
Prohibited Uses. Any use of the HughesNet Voice Service or any other action that causes a disruption in the network integrity of Hughes or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of the HughesNet Voice Service at the sole discretion of Hughes. You understand that neither Hughes nor its vendors are responsible for the content of the transmissions that may pass through the Internet and/or the HughesNet Voice Service. You agree not to use or allow any use of the HughesNet Voice Service in way that violate laws (including but not limited to laws prohibiting transmission of unsolicited fax advertisements), infringe the rights of others, or interfere with the users, services, or equipment of the Hughes network. You represent and warrant that You are purchasing the HughesNet Voice Service and/or the ATA Equipment for Your own internal use only, and shall not resell, transfer, or make a charge for the HughesNet Voice Service or the ATA Equipment, nor may you use the HughesNet Voice Service for commercial or governmental purposes, or for profit or non-profit activities, including, but not limited to, business, sales, auto-dialing, continuous or extensive call forwarding, continuous connectivity, fax broadcast, fax blasting, telemarketing, junk faxing, fax spamming, calling/faxing any person (through the use of distribution lists or otherwise) who has not given specific permission to be included in such a process, or any other activity that would be inconsistent with personal and residential usage. Hughes reserves the right to immediately terminate or modify the HughesNet Voice Service Plans if Hughes determines, in its sole discretion, that You are not using the HughesNet Voice Service for Your reasonable personal residential use.
HughesNet Voice-Specific Acceptable Use Policies. In addition to the Acceptable Use Policy set forth at legal.hughesnet.com/AcceptableUsePolicy.cfm, which Policy shall also apply the HughesNet Voice Services, the following additional policies are also applicable:
If we reasonably believe that your use of the HughesNet Voice Services, including (but not limited to) the total number of calls You make, is not consistent with normal, fair, and reasonable use of such services, then we will be entitled, at our sole option, to:
– impose limits on your calls,
– charge reasonable additional charges for calls made,
– or suspend or terminate the Service(s).
This Policy is designed to make sure the HughesNet Voice Services offer good value for money and are fast and reliable. You must ensure that any use of the HughesNet Voice Services, by yourself or others via your account, complies with this Policy. If you or others using the Services via your account contravene this Policy, we may:
– give you a notice to stop the unacceptable use(s); or
– terminate or suspend your Service(s), with or without notice or liability as we consider appropriate, under the standard Terms and Conditions for customers.
Please advise us immediately if you become aware of any violation or suspected violation of this Policy.
Wherever reasonably possible we will give you written notice before taking any such action, and allow a reasonable period to allow you to modify your use.
Other Terms and Conditions of Use. You agree that each of the requirements of Part 4 of the Subscriber Agreement (“Who May Use the Service”) and Sections 8 “Specific Restrictions on Use of the Service”), 14 (“Indemnity”), 15 (“Liability for Unauthorized Use”), and 16 (“Proprietary Rights”) of the Subscriber Agreement apply to the HughesNet Voice Service, except that Section 4.2 (“Multiple Use of Account”), shall not apply to the HughesNet Voice Service.
8. CHANGE OF SERVICE
Hughes may at any time revise this Addendum, discontinue, add to, or revise any or all aspects of the HughesNet Voice Service, and revise pricing for the HughesNet Voice Service, in the manner specified in Sections 3.1 (“Modification of this Subscriber Agreement; Notices”), 3.2 (“Modification of the Service”), and 3.3 (“Pricing Revisions; Notices”) of the Subscriber Agreement, subject to the notice requirements of those Sections and the termination rights and obligations specified in Sections 3.4 (“Termination by Subscriber”), 3.5 (“Termination or Suspension by Hughes”), and 3.6 (“Continuation of Obligations”) of the Subscriber Agreement.
9. WARRANTY DISCLAIMER AS TO HUGHESNET VOICE SERVICE
HUGHES DOES NOT OFFER ANY WARRANTY IN CONNECTION WITH THE HUGHESNET VOICE SERVICE. THE HUGHESNET VOICE SERVICE IS MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HUGHES EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICE WILL BE ERROR-FREE, SECURE, OR UNINTERRUPTED, OR OPERATE AT ANY MINIMUM SPEED. YOU AGREE THAT YOUR USE OF THE SERVICE AND THE SUBSCRIBER EQUIPMENT, AND SUCH USE BY ANYONE USING YOUR ACCOUNT, IS AT YOUR SOLE RISK. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY HUGHES, ITS EMPLOYEES, DEALERS, OR THE LIKE SHALL CREATE A WARRANTY.
10. LIMITATION OF LIABILITY AS TO HUGHESNET VOICE SERVICE
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HUGHES 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 HUGHESNET VOICE SERVICE OR INABILITY TO USE THE HUGHESNET VOICE SERVICE. IF FOR ANY REASON ANY PORTION OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY OF HUGHES, ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, OR THIRD-PARTY CONTENT PROVIDERS, IF ANY, SHALL BE LIMITED TO AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO HUGHES BY YOU FOR SERVICES FURNISHED UNDER THIS AGREEMENT FOR THE PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH ERROR, DEFECT, OR FAILURE, AND CEASING UPON THE DISCOVERY AND RECTIFICATION OF SUCH, IN WHOLE OR IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME EXCEED THE TWELVE- (12-) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH ERROR, DEFECT, OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
Without limiting the foregoing, Hughes shall not be responsible for: (1) any failure to transmit or store, or for any deletion of, any communication, message, email, or content transmitted through, sent to, or received by the Service or Hughes’ servers; or (2) any modification, suspension, interruption, or discontinuance of the Service.
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 HUGHES OR OTHERS ARE ADVISED OR AWARE OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR LIABILITY.
Hughes will provide you with the VoIP Equipment, comprising an analog terminal adapter and/or other equipment, to enable access to the HughesNet Voice Service. Any ATA Equipment provided to You may be new or refurbished as new. Any refurbished ATA Equipment will have the same warranty as new VoIP Equipment.
THE ATA EQUIPMENT (“EQUIPMENT”) UNDER SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”) OF THE SUBSCRIBER AGREEMENT IS SUBJECT TO THE LIMITED WARRANTY, DISCLAIMERS, LIMITATION OF LIABILITY, AND OTHER TERMS AND CONDITIONS SET FORTH THEREIN.
THE LIMITED WARRANTY AND REMEDIES SPECIFIED IN SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”) OF THE SUBSCRIBER AGREEMENT ARE YOUR SOLE AND EXCLUSIVE REMEDIES FOR DEFECTS DURING THE WARRANTY PERIOD IN ANY ATA EQUIPMENT COVERED BY THE LIMITED WARRANTY.
EXCEPT AS SPECIFICALLY PROVIDED IN SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”), THE ATA EQUIPMENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FURTHER, HUGHES DOES NOT WARRANTY, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE ATA EQUIPMENTIN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE ATA EQUIPMENT IS ASSUMED BY YOU.
WITHOUT LIMITATION ON THE OTHER TERMS AND CONDITIONS OF SECTION 12 (“LIMITED WARRANTY ON EQUIPMENT”), HUGHES SHALL HAVE NO LIABILITY FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OF ANY NATURE ARISING OUT OF HUGHES’ BREACH OF THE LIMITED WARRANTY SPECIFIED IN SECTION 12, WHETHER SUCH DAMAGES AROSE IN CONTRACT OR TORT, AND WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE.
Section 1.2 (“Equipment”) of the Subscriber Agreement shall not apply to the VoIP Equipment.
12. DISPUTE RESOLUTION AND BINDING ARBITRATION
YOU AGREE THAT PART 5 (“DISPUTE RESOLUTION AND BINDING ARBITRATION”) OF THE SUBSCRIBER AGREEMENT, AND ALL OF ITS SUBSECTIONS, SHALL APPLY TO ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS BASED ON, ARISING OUT OF, INVOLVING, OR RELATING IN ANY WAY TO, THIS ADDENDUM, THE HUGHESNET VOICE SERVICE, ANY OTHER ASPECT OF OUR RELATIONSHIP, OR ANY RELATED PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, CLAIMS BASED ON CONSUMER PROTECTION LAWS, UNFAIR COMPETITON LAWS, OTHER STATUTES, CONTRACT, TORT, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY.
Hughes utilizes the public Internet and third-party networks to provide HughesNet Voice Service. Accordingly, Hughes cannot guarantee the security of Your communications. Hughes is, however, committed to respecting Your privacy. Once You choose to provide personally identifiable information, it will only be used in the context of Your relationship with Hughes. Hughes will not sell, rent, or lease Your personally identifiable information to others. Unless required by law or subpoena or if Your prior permission is obtained, Hughes will only share the personal data You provide with other Hughes entities and/or business partners that are acting on Hughes' behalf to complete the activities described herein. Such Hughes entities and/or national or international business partners are governed by Hughes's privacy policies with respect to the use of this data. Hughes is required to file numerous reports with different administrative bodies. As such, Hughes may provide aggregate statistics about You, as well as with respect to sales and traffic patterns. None of these reports or statistics will include personally identifiable information. However, Hughes reserves the right to use personally identifiable information to investigate and help prevent potentially unlawful activity that threatens either Hughes or any company affiliated with Hughes. Moreover, upon the appropriate request of a government agency, law enforcement agency, court, or as otherwise required by law, Hughes may disclose personally identifiable information.
The provisions of Addendum that by their context or nature would be expected to survive termination of any HughesNet Voice Service shall so survive.
15. OTHER APPLICABLE TERMS AND CONDITIONS
Other terms and conditions of the Subscriber Agreement applicable to the HughesNet Voice Service include without limitation Sections 9 (“Copyright and Licenses”), 10 (“No Endorsement”), 11 (“Internet”), 17 (“Limits on Transfers; No Right of Survivorship”), 18 (“Choice of Law”), 19 (“Electronic Delivery Policy and your Consent”), 20 (“Construction and Delegation”), 21.1 (“Notice; Severability”), 21.1 (“No Waiver”), 21.3 (“Captions”), 21.4 (“Statute of Limitations”), 22 (“Assignment of Account”), and 23 (“Entire Agreement”). Each and every such term shall apply to this Addendum and the HughesNet Voice Service as if fully set forth herein.