Terms and Conditions

Normal 0 false false false EN-US X-NONE X-NONE Normal 0 false false false EN-US X-NONE X-NONE Agreement Between Starlink and the Customer

Starlink shall make reasonable efforts to furnish the Customer with the services and/or equipment described in the elected “Service Plan” which is incorporated herein by reference and made a part hereof for all purposes. The phrases, “Commencement Date”, “Monthly Rate”, and “Service Plans”, shall have the meanings ascribed to them in the “Service Plan”. Customer shall make reasonable efforts to furnish Starlink with access and adequate space and location to install and maintain services and/or equipment referenced in this Agreement and Service Plan.

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2.1 Customer agrees to provide Starlink with accurate, complete and current information at the time Customer executes this Agreement, including Customer’s legal name (or business name), address, telephone number(s), e-mail address(s), and payment data at the time Customer subscribes to Starlink’s Internet Service. After Customer’s execution of this Agreement and attached Service Plan and Customer’s initial connection to the Internet, Customer agrees that prior to making any changes to Customer’s Premises Equipment used to connect to Starlink’s Service, Customer agrees to contact Starlink and obtain Starlink ‘s approval prior to Customer making any changes. Customer’s failure to provide accurate information regarding Customer’s Premises Equipment changes will constitute a breach of this Agreement and may result in Starlink terminating service to Customer.

2.2. Customer agrees that the Internet service provided under this Agreement is personal to and specific to Customer at Customer’s registered address and premises as shown above and on the attached Service Plan. Customer agrees that it will be a violation of this Agreement to allow Starlink ‘s Internet Service to be transmitted, or otherwise provided in any way, to any other person, Internet user, entity or business that is located separate from, off, or outside Customer’s address and/or premises. In event Customer violates the herein referenced terms of this Agreement, Customer agrees that Starlink will have the right to immediately terminate this Agreement and discontinue service to Customer.

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3.0 Starlink will furnish the service on an “as is” and “as available” basis and provider expressly disclaims all warranties, including without limitation warranties of title or Non-infringement, or the implied warranties of merchantability and fitness for a particular purpose. This disclaimer shall apply to any equipment sold or loaned and to all advice, assistance, data, information, or service, now or subsequently furnished, Delivered or made available by provider, its affiliates, its contractors, managers, Members or their respective employees or agents. Starlink does not warrant that Service will be uninterrupted, or error free.

Neither Starlink, nor its agents, contractors, employees, manager(s), or members (collectively referred to hereafter as “Provider’s Group”), will be responsible for, and Customer waives and relinquishes any claim against Starlink’s Group for any damage, loss, cost or other expense, whether direct, indirect, consequential or incidental, that Customer or any third party may suffer which is related to, or results from Customer’s use of the Service. This includes, but is not limited to, loss of data or business resulting from delays, non-delivery, mis-delivery, or interruptions as a result of Starlink’s or Customer’s (in) actions. Customer expressly assumes all Risks associated with customer’s use of the service, including but not limited to those that might occur from the introduction into Customer’s computer(s) of viruses, worms, Trojan Horses, or from unauthorized entry or entries into Customer’s computer(s) or any other problem, which result from use of, or occur through the Service. Customer agrees to defend, indemnify and hold harmless, to the extent permitted by law, Starlink’s Group from any damage, loss, cost or expense that may occur to Customer or any third party as a result of the use of the Service. Customer agrees to defend, indemnify and hold Starlink’s Group harmless from any and all liabilities, costs, judgements and expenses, including reasonable attorney’s fees, related to or arising from:

(a) any violation of this Agreement by Customer, or by a third party or parties accessing the Service through Customer;

(b) use of the Service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by Customer, or by a third party or parties accessing the Service through Customer:

(c) negligent acts or omissions of Customer’s officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal or software, (whether or not furnished by Starlink), which are connected or are to be connected to the Service; and

(d) claims for infringement of patents arising from Customer’s use or use by a third party or parties accessing the Service through Customer, of equipment and software, apparatus and systems, (whether or not furnished by Starlink), in connection with the service.

Payment

Payment is due net-15 days from invoice date. If Customer elects to pay by credit card payment is due on the first day of each billing cycle. Should Customer fail to pay within such terms as set forth herein, Starlink shall have the right to temporarily suspend service until such time as Customer account is brought within terms. Customer agrees to pay a fee for reconnection/reinstatement charge for each occurrence in which Starlink has restored service after suspending service for non-payment.

Customer agrees that Starlink may use all legal remedies available to report and collect obligations due Starlink under this Agreement and Customer agrees to pay Starlink all reasonable costs for such collection service such as, but not limited to: collection agencies, court costs and attorney fees.

Service Plans

Customer agrees that Starlink has multiple service plans and in any given billing period Customer actual usage may exceed the service plan initially selected by Customer in this Agreement due to additional services being ordered by Customer and/or use of services which exceed the initially selected service plan.

Starlink shall invoice Customer based on the actual services used for any given billing cycle. Each service plan is a month to month term.

Equipment

In event Customer utilizes equipment supplied by Starlink, the equipment will remain the property of Starlink. Customer will use reasonable care to avoid damaging the equipment and Customer will not move, relocate, alter, sell, lease, assign, encumber or otherwise tamper with any equipment owned by Starlink. In event any of the equipment is not returned in good condition immediately upon termination of Customer’s Internet service, Customer will be charged, and Customer agrees to pay fair market value for replacement of any of the equipment.

Customer Use

Starlink’s Internet Service is for Customer’s personal use and is to be used only by Customer, Customer’s employees, and/or members of Customer’s immediate family residing with Customer or working for Customer (“Authorized Users”) at the address where service is authorized and configured by Starlink consistent with the Service Plan of this Agreement.

Customer will at all times, until terminated, remain responsible for all use of Starlink’s Internet Service delivered under Customer’s account. Customer agrees not to resell, redistribute, network, assign, transfer or sublicense Customer’s access to Starlink’s Internet Service in any manner. Customer agrees not to use Starlink’s Internet Service to operate as an Internet Service Provider (“ISP”) or to operate any other business enterprise in competition with Starlink’s Internet Service, including Customer agreeing not to use Starlink’s Internet Service for any type of business or commercial enterprise, including (but not limited to) the provision of Internet access to others or provision of a server site for FTP, Telnet, RLOGIN, electronic mail, webhosting or other comparable applications. Customer agrees that Customer’s violation of this Section shall authorize Starlink, in its sole discretion, to immediately disconnect Starlink’s Internet Service to Customer and terminate this Agreement without notice.

13.2 Customer may, at Customer’s discretion, permit an Authorized User under 18 years of age to use Starlink ‘s Internet Service upon Customer herein acknowledging and agreeing that Customer, at all times, will provide adult supervision of any and all under age user and remain fully responsible for the action of any underage user. Customer further acknowledges that Starlink’s Internet Service provides full access to the Internet without restriction. Starlink’s Internet Service is not intended to be used to enable persons under 18 years of age to obtain material that is prohibited by law to be sent or displayed, including material deemed to be indecent or obscene.

13.3. Starlink will provide Customer with an IP address/es. Customer agrees not to alter, modify or tamper with the IP address or those of any person subscribing to Starlink’s Internet Service. Unless otherwise arranged with Customer, Starlink will retain the right of any and all IP addresses upon Customer disconnection, discontinuance or termination of service.

13.4. Any conduct by Customer that, in Starlink’s sole discretion, inhibits or restricts any other Customer, person or entity from using or enjoying Starlink’s Internet Service shall entitle Starlink to immediately disconnect Starlink’s Internet Service to Customer and terminate this Agreement without notice. Customer agrees to use Starlink’s Internet Service only for lawful purposes. Customer may not use, or allow others to use, Starlink’s Internet Service account, either directly or indirectly,

To:

(1) Post, transmit, promote, or facilitate the distribution of any unlawful or illegal material, including but not limited to, material that would constitute or encourage copyright or trademark infringement, a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;

(2) Post, transmit, promote, or facilitate the distribution of any unsolicited advertising (including but not limited to mass or bulk e-mails), promotional materials or other forms of solicitation to other individuals

Or entities;

(3) Unlawfully access other computers or services, or to cause a disruption of service to other on-line users;

(4) Cause disruption to Starlink’s backbone network, nodes, or services; or

(5) Establish a web page or site on Customer’s computer.

Termination

This Agreement, the license provided herein, and Customer’s right to use Starlink’s Internet Service may be terminated by Starlink at any time for violations of provisions contained in this Agreement, and most specifically, if Customer violates any of the terms of Section 13 of this Agreement. Customer may terminate this Agreement at any time upon providing a 30 day written notice to Starlink and upon return of Starlink’s equipment and related connecting cables to Starlink. Customer’s bill will be prorated for any prepaid service which may offset any outstanding Customer balance.

This agreement shall be binding upon and inure to the benefit of the parties, their respective heirs, executors, administrators, legal representatives, successors and assigns, except that it may not be assigned by Customer.
This document and the Customer’s current monthly service plan constitute the entire agreement between Starlink and Customer. This agreement may not be modified except in writing and when signed by duly authorized representatives of Starlink and Customer. In the event Customer issues a purchase order, memorandum, specifications or other instrument covering the services provided, such purchase order, memorandum, specifications, or instrument is for Customer’s internal purposes only, and any and all terms and conditions contained therein, whether printed or written, shall not be of any force or effect as between the parties to this Agreement. All parties hereby acknowledge that they have read and understood this Agreement and any attachments and exhibits thereto. This agreement is effective as of the Commencement Date, and remains in effect until terminated pursuant to its terms.