Internet Access Services TOS

Last Updated on May 30, 2019

You are strongly encouraged to read the entire agreement and check back for changes and updates periodically.

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Please read this agreement carefully and entirely before using SKYFY Products and/or Services. For the most current version of this agreement please visit https://skyfy.net/legal or contact us at 1-800-606-0708.

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DEFINITIONS. The following terms shall be defined as follows for the purposes of this SKYFY Terms of Service (hereinafter “Agreement”): “SKYFY” shall mean SKYFY Networks, LLC, a company organized under the laws of the State of Florida. “Customer,” “You,” or “I” shall mean the client, user or customer who uses, obtains, purchases to use or intends to use SKYFY products and/or services; and whose name may appear under Customer Information or User Information on electronic or hardcopy SKYFY Service Order Form or SKYFY Online Activation Form (hereinafter “Service Order”), under SKYFY Customer Account Portal (“Account Portal”) and/or various SKYFY forms and agreements. “Equipment” means any or all SKYFY computer and/or communications equipment, gear, switches, routers, USB devices, wireless devices, modems and any other communications and computer devices and equipment installed in or on Customer’s premises (hereinafter “Premises”) by SKYFY. “Equipment” does not include anything owned by Customer or purchased by Customer from SKYFY. “Service” means communications and/or Internet access services, wireless or otherwise, high speed wireless router, Client Access Devices, Network Client Access Devices and/or Local Access Points, and any other “Additional Services” individually or collectively. “Additional Service” means any related additional, optional or miscellaneous services that may or may not be provided in conjunction with SKYFY Service. “Network” means SKYFY communications infrastructure, wireless or otherwise.

THE FOLLOWING TERMS OF SERVICE, AND ADDITIONAL POLICIES AND PROVISIONS CONTAINED WITHIN, APPLY TO USAGE OF SKYFY SERVICE AND ALL OTHER ADDITIONAL SERVICES. BY ACTIVATING OR USING SKYFY SERVICES OR EQUIPMENT YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE AND ANY OTHER ADDITIONAL POLICIES, PROVISIONS, TERMS, CONDITIONS AND SERVICE/USER AGREEMENTS PERTINENT TO THE USE OF SUCH SKYFY SERVICES OR EQUIPMENT, EACH OF WHICH MAY BE AMENDED FROM TIME TO TIME BY SKYFY. PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY ESTABLISH YOUR LIABILITY FOR USING SKYFY SERVICE AND EQUIPMENT INCLUDING, BUT NOT LIMITED TO: DEFINITION OF TERM COMMITMENTS, INCLUDING SERVICE TERM RENEWAL WHEN SWITCHING SERVICE PLANS, CLARIFICATION ON INSTALLATION, SUPPORT, AND REMOVAL AND RETURN OF EQUIPMENT, OBLIGATION OF EARLY TERMINATION FEES, PROVISION OF IMPORTANT DISCLOSURES INVOLVING YOUR PRIVACY, AND REQUIREMENT OF MANDATORY ARBITRATION OF DISPUTES. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, YOU MAY NOT USE SKYFY SERVICES AND EQUIPMENT.

This is a binding agreement between you and SKYFY for the use of SKYFY Services, in accordance with the associated Service Order submitted by you to SKYFY, electronically or otherwise, the SKYFY End-User Service Agreement, SKYFY Acceptable Use Policy, Privacy Policy, and such other policies as SKYFY may adopt (collectively “Policies”), each as they may be amended from time to time and as may be posted from time to time at the SKYFY website at WWW.MYSKYFY.COM or any other website about which notification may or may not be posted but may always be requested by contacting SKYFY
Customer Service either by calling 1-888-977-5939 or by submitting an online Support Case from your Account Portal. Additional terms, conditions, restrictions, and limitations may be set forth by SKYFY or posted at WWW.MYSKYFY.COM, and all such terms, conditions, restrictions, and limitations are incorporated herein by reference and you agree these are binding upon you.

CUSTOMER’S RESPONSIBILITIES. You, the Customer, are responsible for complying with all Terms, Conditions, and Policies for the Services contained in this Agreement and all other pertinent agreements, as well as Additional Services, as applicable, as well as any other separate terms and conditions applicable for any other services or products you obtain from SKYFY. If needed, you are responsible for providing access to the Premises as scheduled with SKYFY for the appropriate preparation and maintenance of the Premises to allow for proper installation, maintenance, and other activities of SKYFY in connection with the Equipment and Services. You are responsible for ensuring that your equipment has the minimum hardware and software requirements necessary to use the Equipment and Services. You are responsible for integrating and troubleshooting your local area network, internal network, and equipment as necessary. SKYFY may assist you with troubleshooting your local area network, internal network, and networked equipment (including, without limitation, routers, switches, network printers, computer devices, laptops, tablets, smartphones, PDAs, wireless devices, etc) but will not be held liable or responsible should the condition and/or functionality of your local area network, internal network, and/or networked equipment fail or diminish, whether it was or was not caused by SKYFY. SKYFY will not be responsible for any loss of use of Service or degradation in performance resulting from your use of incompatible equipment or for any damage to any additional equipment you connect to the Equipment. You will reimburse SKYFY for any loss or damage to any Equipment, reasonable wear and tear excepted, including the actual cost of repair of the Equipment or charges for the leased Equipment at full retail price. In accessing the Service, you agree to utilize the troubleshooting guides and user information provided by SKYFY or available at www.myskyfy.com prior to contacting SKYFY Customer Support. SKYFY Customer Support will troubleshoot and deliver resolution to your Service and Equipment issues pertaining to SKYFY network and Service only, and reserves the right to determine that a problem or issue is your responsibility. In the event that you request a service call to your Premises and SKYFY determines that the problem is your responsibility, SKYFY reserves the right to apply charges to your account or require full payment in another form for the cost of the service call. You are liable for any and all liability that may arise out of the content transmitted by or to your account or any person, whether authorized or unauthorized, using Services and/or Equipment provided to you (hereinafter “Users”). You will assure that your or Users’ use of Services and content will at all times comply with the requirements set forth in this Agreement (including, but not limited to these Terms and the Policies) and all applicable laws, regulations and written and electronic instructions for use. SKYFY reserves the right to terminate or suspend affected Services, and/or remove your or any other User’s content from the Service, if SKYFY determines that such use or content does not conform with the requirements set forth in the Agreement (including, but not limited to these Terms and the Policies) or interferes with SKYFY ability to provide Services to you or others or receives notice from anyone that your or Users’ use or content may violate any laws or regulations. SKYFY actions or inaction under this Agreement will not constitute review or approval of your or Users’ use or content. In addition to your indemnification obligations under this Agreement, you will defend, indemnify and hold SKYFY, its affiliates, and their agents and suppliers harmless against any and all liability arising from the content transmitted by or to you or to Users using the Service. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

You understand and agree that monthly service charges for Services will be billed by SKYFY in advance. You further understand and agree that additional charges based upon actual use of any of the Services, may be prorated for that month and billed by SKYFY in the next practicable monthly billing cycle following such use, or as otherwise specified by SKYFY. You agree to purchase and pay for the Service identified in the Service Order, which will be binding upon you together with other provisions in this Agreement if signed with a written or electronic signature delivered to SKYFY or its agent, if you electronically accept the provisions, either directly or indirectly (e.g., by requesting another, including SKYFY or its agent, to do so on your behalf), or by your activation or use of SKYFY Service. All monthly service charges, whether billed in advance or in arrears, are payable by the “Due Date” as shown on the regularly scheduled invoice (i.e. monthly statement), electronic or otherwise, sent to the Customer by SKYFY. If payment is not received by the “Due Date,” you understand that Services provided to you by SKYFY may be subject to immediate interruption including but not limited to: suspension, disconnection, and termination of your account. Additionally, if your account remains delinquent and SKYFY assigns your account to Collections, you understand a minimum collection fee of $75.00 may be imposed. If you choose to reconnect Service after disconnection for non-payment, you agree to pay any existing outstanding balance and restoration fees of $25.00. You understand that SKYFY may, without notice, change these fees from time to time, as well as its other fees and charges. In the event your monthly fees and charges for SKYFY Services, initially contained in the Service Order, be modified, as they may be by SKYFY with thirty (30) days written notice to you, including notice by electronic mail, your use or ability to use SKYFY Service for more than fifteen (15) days after notice of any modified charges constitutes your consent and agreement to accept the modified charges. You will remain responsible for all charges. You further agree to pay any transaction charges arising from: (1) charges in levels of Service; (2) service calls unrelated to the delivery of the wireless transmission/signal or (3) any abuse or tampering with the Equipment and/or Services. Additionally, you are responsible for paying all taxes, including but not limited to, all sales, excise, real and personal property taxes, which may be levied or imposed by any government entity with respect to your property.

You acknowledge that the installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer equipment and/or loss of software, files, data, or peripherals. You acknowledge that you are solely responsible for backing up all existing computer files by copying them to another storage medium prior to installation, maintenance, repair, or removal of the Equipment. Neither SKYFY, its affiliates, nor their agents or suppliers will be liable for any loss of data or damage to hardware, software, or your Premises that occurs during installation of any Equipment or that results from any service performed on your computer in support of your Service.

WARRANTIES AND LIMITATIONS OF LIABILITY. SKYFY hereby warrants and grants an express warranty to the user of any product purchased from SKYFY as follows:

SKYFY hereby warrants that any such product shall be free from defects in material and workmanship for a period of 90 days from the date of purchase receipt (modems and wireless USB adapters are warranted for 30 days from date of purchase). SKYFY shall repair or exchange the products at its principal place of business upon the discovery of any such defect in material or workmanship during the period. In the event that the product or any portion thereof is not installed or used in accordance with the manufacturer’s specifications, any and all warranties either expressed or implied shall be and are hereby voided. Only upon the proper installation and use of the items shall this warranty or any other warranties apply.

EXCEPT TO THE EXTENT EXPRESSLY PROVIDED HERE AND ABOVE AND IN LIEU OF ALL OTHER WARRANTIES, THERE ARE NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE FOR THE ABOVE DESCRIBED ITEM(S).

SKYFY will assume no responsibility or liability for damages, destruction or alterations of Premises, computer hardware, software, or data, directly or indirectly related to (1) the installation of the Equipment, software and/or an approved Internet network interface card/adapter in the Customer’s Computer and (2) Customer’s operation and use of the Software, Equipment or Service.

You, the Customer, are aware that SKYFY will maintain the Network to the best of its ability, but assumes no responsibility for any Service interruptions and/or property or Equipment damages due to circumstances beyond its reasonable control including, but not limited to, acts of God, fire, explosion, vandalism, acts of terrorism, cable cuts or interference caused by you or a third party, adverse weather conditions, labor strikes, governmental action, power failures, power surges, equipment failure and/or lightning damage. You further understand and agree that SKYFY shall have no responsibility for the operation of, or repairs to the Customer personal equipment (including, but not limited to Customer’s computers, PDA’s, laptops, monitors, printers, etc.) or the replacement of any power surge protectors, uninterrupted power supplies, and/or backup batteries. In no event shall SKYFY be liable for any incidental, special, consequential, or punitive damages, including but not limited to, loss of business or business opportunity, loss of use, or loss of revenue. The liability of SKYFY for actual proven damages for any cause whatsoever, (including but not limited to any failure or disruption of service, including without limitation the inability of subscriber to access emergency services during any such failure or disruption of service), regardless of the form of action, whether in contract or in tort or otherwise, including negligence, shall be limited to an amount equivalent to charges payable by Customer under these Terms of Service for the service during the period such damages occurred.

(A) EXCEPT AS EXPRESSLY SET FORTH HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE AND EQUIPMENT ARE EACH PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND SKYFY, ITS AFFILIATES, AND THEIR AGENTS AND SUPPLIERS DISCLAIM AND MAKE NO REPRESENTATIONS OR WARRANTIES AND THERE ARE NO CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF NON-INTERFERENCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, SECURITY, VIRUSES, OR ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYFY, ITS AFFILIATES, AND THEIR AGENTS AND SUPPLIERS ALSO DISCLAIM ANY COMMON-LAW DUTIES RELATING TO ACCURACY OR LACK OF NEGLIGENCE. IN ADDITION, THERE IS NO WARRANTY OF TITLE, AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE SERVICE OR EQUIPMENT, OR AGAINST INFRINGEMENT. ANY STATEMENTS MADE IN ANY PACKAGING, MANUALS OR OTHER DOCUMENTS, WRITTEN OR ELECTRONIC, OR BY ANY SKYFY EMPLOYEES OR REPRESENTATIVES, ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND NOT AS REPRESENTATIONS OR WARRANTIES OF ANY KIND BY SKYFY. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE USE OF THE SERVICE. SKYFY DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.

(B) NEITHER SKYFY NOR ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS WARRANT THAT THE EQUIPMENT OR SERVICE WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, WITHOUT DELAY OR ERROR FREE OR FREE FROM SERVICE DEGRADATION, OR THAT ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE ARE FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING, INTERFERING OR DESTRUCTIVE PROPERTIES. WITHOUT LIMITING THE FOREGOING, THE QUALITY OF THE SERVICE MAY BE AFFECTED BY CONDITIONS WITHIN OR BEYOND SKYFY CONTROL, INCLUDING ATMOSPHERIC, GEOGRAPHIC, OR TOPOGRAPHIC CONDITIONS, OVERALL NETWORK USAGE LEVELS, NETWORK SIGNAL QUALITY, USER AND THIRD PARTY EQUIPMENT PERFORMANCE, INCLUDING YOUR EQUIPMENT, INTERNET TRAFFIC LEVELS, AND OTHER FACTORS. WITHOUT LIMITING THE FOREGOING, SKYFY WILL NOT BE RESPONSIBLE FOR ANY DELAY OR FAILURE IN PERFORMANCE DUE TO EVENTS OUTSIDE REASONABLE CONTROL OF SKYFY, INCLUDING WITHOUT LIMITATION ANY FLOOD, FIRE, ACCIDENT, EMBARGO OR OTHER GOVERNMENTAL ACT OR DIRECTIVE, ABSENCE OF GOVERNMENTAL APPROVAL OR CONSENT, MATERIAL CHANGES IN APPLICABLE LAW OR REGULATION, OR DECREE OF ANY COURT, DELAY OR DEFECT IN DELIVERY BY SUPPLIERS, TRANSPORTATION DELAY OR UNAVAILABILITY, RIOT, WAR, ACT OF TERRORISM OR OF THE PUBLIC ENEMY, POWER OUTAGE, LABOR DISPUTE OR SHORTAGE, THIRD PARTY NETWORK PROBLEMS, ACTS OR OMISSIONS OF UNDERLYING CARRIERS OR OTHER THIRD PARTIES, OR ACTS OF GOD.

(C) SERVICE IS ONLY AVAILABLE WITHIN THE COVERAGE AREA OF THE SKYFY NETWORK, WHICH IS SUBJECT TO CHANGE WITHOUT NOTICE. YOU ACKNOWLEDGE THAT SERVICE MAY BE TEMPORARILY UNAVAILABLE FOR SCHEDULED OR UNSCHEDULED MAINTENANCE, EQUIPMENT MODIFICATIONS OR UPGRADES, AND FOR OTHER REASONS WITHIN AND WITHOUT THE DIRECT CONTROL OF SKYFY. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SERVICE FOR THE RECONSTRUCTION OF ANY LOST DATA OR FILES. SKYFY CANNOT AND DOES NOT GUARANTEE THE SECURITY OR INTEGRITY OF DATA TRANSMISSION OR STORAGE, PRIVACY, OR THAT VIRUSES, WORMS, TROJAN HORSES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES WILL BE DETECTED OR REMEDIATED BY THE SERVICE AND/OR EQUIPMENT.

Some states do not allow the disclaimer of implied warranties, so the exclusions in this Section may not apply to you in whole or in part.

MISCELLANEOUS. You understand and agree that SKYFY, in its sole discretion and in accordance with any applicable law, reserves the right to alter or change the Service offered. The Customer does not acquire any rights or privileges hereunder which are subject to assignment or transfer. Transfer of accounts from one customer to another person is prohibited, unless prior express permission releasing customer from obligation(s) associated with their account is provided in writing by SKYFY. Customer waives all rights to interest payments on any deposits payment(s) received by SKYFY from the
Customer.

This Agreement shall be governed by, construed under, and enforced in accordance with, all applicable laws and the laws of the state of Florida. Venue for any dispute shall lie in Volusia County, Florida. Any controversy or claim arising out of or related to this agreement (but not any claims arising out of commercial activities or the theft or other unauthorized receipt of any SKYFY Services on the part of customer) shall be resolved by binding arbitration commenced within one year under the then-current commercial arbitration rules of the American Arbitration Association (or any consumer rules adopted by the American Arbitration Association to which both parties agree), except that either party may seek equitable or injunctive relief only in an appropriate court of law or equity. Each party shall bear its own attorney’s fees and expenses and the cost of Arbitrator(s) shall be shared. The parties expressly waive any entitlement to attorney’s fees or punitive damages to the fullest extent permitted by law. Consolidated or class action Arbitration shall not be permitted.

If there is a conflict between this Agreement and the SKYFY End-User Service Agreement (hereinafter “EUSA”), the terms of SKYFY End-User Service Agreement shall control and govern. If any provision hereunder is declared or held invalid, illegal or unenforceable, this Agreement will be revised only to the extent necessary to make such provision(s) legal and enforceable, or if impossible, the unaffected portions of this Agreement shall remain in full force and effect so long as the Agreement remains consistent with original intent of SKYFY and the Customer (collectively Parties). The terms and conditions
of this Agreement will survive the expiration or termination of this Agreement to the extent necessary for their enforcement and for the realization of the benefit thereof by SKYFY or Customer in whose favor they operate. Furthermore, failure of SKYFY to enforce any provision or term of this Agreement shall not be construed as a future or continuing waiver of such provision or term of this Agreement.

RIGHT OF CANCELLATION. CUSTOMER MAY CANCEL THIS CONTRACT WITHOUT ANY PENALTY OR OBLIGATION PRIOR TO THE PLANNED DATE OF INSTALLATION AND/OR ACTIVATION AND RECEIVE A FULL REFUND OF ALL PAYMENTS MADE. IF THE REQUEST TO CANCEL IS RECEIVED AFTER INSTALLATION HAS BEGUN OR ACTIVATION COMPLETED, CUSTOMER MUST PAY FULL TERMINATION LIABILITY SET FORTH BELOW. CUSTOMER MAY ALSO CANCEL THIS AGREEMENT IF THE SERVICES CEASE TO BE OFFERED AS STATED IN THIS AGREEMENT. IF CUSTOMER CANCELS THIS AGREEMENT FOR ANY REASON OTHER THAN THE REASONS STATED ABOVE, SKYFY MAY KEEP THE FULL AMOUNT EQUAL TO THE FINAL SERVICE PERIOD, NOT PRORATED, PLUS AMOUNT EQUAL TO THE COST OF ANY RELATED GOODS WHICH CUSTOMER HAS CONSUMED OR RETAINED.

SERVICE. In addition to the other conditions identified in this Agreement, SKYFY responsibility for Service ends at SKYFY Equipment. In the event that you request a professional installation from SKYFY, SKYFY will install the Equipment as provided in this Agreement. SKYFY will not maintain or in any way be responsible for any software, cables, or hardware attached to the Equipment or in any way related or unrelated to the use of SKYFY Service, including your internal network. SKYFY will provide customer service and support during its standard business hours for performance and operational issues related to SKYFY Services. Please contact SKYFY Customer Support by calling 1-888-977-5939 toll-free, visiting www. MYSKYFY.com/support, or by submitting an Online Support Case from your Account Portal at www.MYSKYFY.com.

EQUIPMENT. At any subsequent time after account activation, as requested by you and approved by SKYFY, SKYFY may provide you with a modem, a subscriber unit or a Network Customer Access Device (“NCAD”) and related cabling when you order new, upgrade or modify existing SKYFY Services. SKYFY will retain control, title to and sole ownership of such Equipment at all times. You must return any provided Equipment in good working order to SKYFY upon default under this Agreement, any termination or expiration of the Agreement or upon the request from SKYFY. The Customer has full responsibility for the return of the Equipment. Failure to return all provided Equipment to SKYFY in good working order upon request will result in a charge to your account for the amount equal to a reasonable estimation of the replacement cost of the Equipment. Additionally, Customer will reimburse SKYFY for any equipment lost, destroyed, stolen or not returned in reasonable condition which will take into consideration wear and tear due to normal use. These charges shall take precedence and override any charges outlined in the SKYFY Service Order.

You may not sell, encumber, or otherwise transfer Equipment to others without prior written consent from SKYFY. If you sell, encumber or otherwise transfer the Equipment, to the maximum extent permitted by applicable law, any warranties will automatically and immediately terminate. Any repair, upgrade, or replacement of the Equipment following one (1) year after activation of Service, resulting from defects in the Equipment or from any other cause, will be your responsibility. You may not modify any Equipment in any way. In the event of any damage to the Equipment not a direct and sole result of act of omission by SKYFY, SKYFY reserves the right as determined by SKYFY to charge you for the actual cost of repair of the Equipment or charge you for the replacement Equipment at full retail price.

As determined by SKYFY, SKYFY or its authorized agent(s) may install Equipment at your location for the installation charges noted on your Service Order. In addition, the provision of Services to your Premises may require additional antennas, equipment, or installation activities beyond those specified in your Service Order. In the event that such additional equipment or installation activities are required, and you elect to accept SKYFY Services despite the need for such additional equipment or installation activities, you will be responsible for complying with all applicable terms and conditions, including paying all applicable additional charges. If you purchase additional Equipment from SKYFY, including an internal or external antenna and additional connection cabling, you may request SKYFY or its authorized agent(s) to install such Equipment at the Premises as specified in the Service Order. SKYFY warrants to you that any installations performed by SKYFY will be free from defects in material and workmanship for a period of one (1) year from the date of the installation. Such warranty excludes any damage resulting from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with Equipment manuals or other ocumentation, or actual or attempted alteration of or additions to the Equipment not approved by SKYFY, all as determined in the sole discretion of SKYFY.

By authorizing installation, you represent and warrant that you either own the Premises or have received permission from the owner of the Premises to make any changes to the Premises or outside the Premises necessary to install the Equipment and receive the Service, including securing riser or roof rights, if necessary. Further, you represent and warrant that the installation of the Equipment at the Premises will not violate any restrictions or agreements applicable to the Premises. You acknowledge that the installation representative may refuse to perform any custom installation work, or may require inside or external wiring to complete Service delivery at additional hourly or other charges. In the event you fail to keep an installation appointment or the Premises are not prepared to accept installation of the Equipment and Service, SKYFY may charge you a fee to recover any costs associated with an additional installation appointment. SKYFY will not be liable for any alterations or damage to the Premises that result from the installation, use, or removal of the Equipment, including, but not limited to, holes in walls or ceilings, cable wiring, or antenna mounting brackets, and will not be responsible for removing any of the Equipment or any costs related to the removal of the Equipment (including antennas and related cabling) at the end of the Term for any reason. In addition to your indemnification obligations under this Agreement, you agree to defend, indemnify and hold SKYFY, its affiliates and their agents and suppliers harmless from any claims or liabilities associated with installation of SKYFY Equipment, including, but not limited to, claims by any owner of the Premises. The foregoing sentence will survive termination or expiration of the Agreement for any reason.

NETWORK. SKYFY will own and control the telecommunications equipment, cable and facilities installed and operated by SKYFY for provision of the Services to the Customer. The SKYFY Network will remain personal property of SKYFY regardless of where located or attached. SKYFY has the right to upgrade, replace or remove the SKYFY Network in whole or in part, regardless of where located, so long as the Services continue to perform. SKYFY has the right to limit the manner in which any portion of the SKYFY Network is used to protect the technical integrity of the Network. Customer may not alter, move or disconnect any parts of the SKYFY Network and is responsible for any damage to, or loss of, the SKYFY Network caused by Customer’s (or its end users’) breach of this provision, negligence or willful misconduct. SKYFY has no obligation to install, maintain or repair any equipment owned or provided by Customer, unless otherwise agreed to in writing executed by the Parties. If Customer’s equipment is incompatible with the Service, Customer is responsible for any special interface equipment or facilities necessary to achieve compatibility. SKYFY shall not have any responsibility for operation, maintenance or repairs of the Customer’s device(s) connected to SKYFY Services and/or Equipment, or for electrical surges or lightning damage. SKYFY reserves the right to charge a fee for Service Calls.

ACCESS AND SERVICEABILITY. SKYFY may require access to Customer’s premises to install and maintain the Services and the SKYFY Network. SKYFY may make periodic inspections of the Equipment at any time during regular business hours. The Customer shall permit SKYFY access to the Equipment for maintenance, repair or removal. SKYFY may periodically replace, upgrade, reconfigure, or otherwise modify any modem, NCAD and any other provided Equipment, and will repair or replace (as SKYFY deems appropriate in its sole discretion) any properly maintained Equipment that fails to operate as required for the delivery of SKYFY Services. Customer must provide SKYFY with a contact and/or help desk number that can be reached 24 hours per day/7 days per week. Customer also must provide reasonable access rights and/or rights of way from third parties, space, power and environmental conditioning as may be required for the installation and maintenance of the SKYFY Network and/or Services at Customer’s premises.

SERVICE OUTAGES. A Service Outage is defined as either: (a) material non-compliance with a specific performance metric in a dedicated service level agreement; or (b) a complete loss of transmission or reception capability for the Service caused by the SKYFY Network. If there is a Service Outage, Customer must contact SKYFY at 1-888-977-5939, through www.MYSKYFY.com/support or by submitting an Online Support Case via Account Portal, if possible, and SKYFY will open a Support Case/Trouble Ticket and provide Customer with a Support Case/Trouble Ticket Number for tracking purposes to resolve the issue. A Service Outage is considered begun when Customer reports the Service Outage to SKYFY, and ends when the Service is restored. The duration of the Service Outage only includes outages that are caused by SKYFY Network and do not include outages caused by the Equipment, acts or omissions of Customer, whether negligent or otherwise, third parties, Force Majeure events, outages occurring during scheduled or emergency maintenance, and interruptions caused by failure of any equipment or service not provided by SKYFY. The duration of a Service Outage also does not include any time during which SKYFY is not allowed access to the Premises necessary to restore the Service(s).

If requested by the Customer, credit for the Service Outage (“Service Outage Credit”) may be issued to the Customer for an amount not to exceed the prorated monthly charges for Customer’s Service during the affected period. No credit will be given or adjustment made for Service interruptions lasting less than twenty-four (24) contiguous hours, starting from the time that you report the Service interruption to SKYFY which shall also define commencement of the Service Outage. If four (4) Service Outages have occurred on a particular Service during a thirty (30) day period, and a fifth (5th) Service Outage occurs within the same 30 days following the fourth (4th) Service Outage, Customer may terminate the applicable Service without early termination liability provided that Customer supplies SKYFY with a written termination notice no later than thirty days (30) following the fourth Service Outage. The foregoing credit will be your sole and exclusive remedy for any interruption of the Service or any degradation of performance of the Service. In order to be eligible for any such credit, you must request the credit in writing within forty-five (45) days of the commencement of the Service Outage. No credit will be available if the interruption period results from abuse, misuse, neglect, theft, vandalism, fire, unusual physical or electrical stress, water, extremes of temperature, other peril or act of God, your failure to comply with SKYFY instructions or the terms stated at www.MYSKYFY.com, or actual or attempted alteration of or additions to the Equipment or Service not approved by SKYFY, or from any problems with third party network elements that are not within the control of SKYFY, all as determined in the sole discretion of SKYFY.

Service Outages Not Caused by SKYFY Network. If SKYFY responds to a service call initiated by Customer, and SKYFY reasonably determines that the cause of the problem is not due to SKYFY Network, but is due to Customer’s equipment or facilities, or a third party, Customer must compensate SKYFY for the service call at SKYFY then prevailing rates. You acknowledge that the Service may not function in the event of power failure. A power failure or disruption may require reset or reconfiguration of the Equipment, which may or may not be executed remotely by SKYFY Customer Support, prior to utilizing the Service.

BILLING. Upon accepting your Service Order, online or otherwise, SKYFY may bill you for the Service and Equipment, installation fees, deposits, activation fees, and any Additional Services (as applicable). SKYFY will bill or notify you of charges posted to your account and to be applied to your credit, debit, check card, or bank account up to thirty (30) days in advance of the first day of the month for which the charges related thereafter for recurring monthly charges during the Initial Service Term and any Renewal Service Term(s). You agree to pay all of the fees and charges described in this Agreement. In addition to the charges for SKYFY Service, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to the Service. Unless otherwise agreed in advance through a written or electronic communication between you and SKYFY, SKYFY will bill you for all fees and charges related to the Service or Equipment by charging the debit, credit, check card, or bank account you authorized and provided to SKYFY, as your bank or card issuer may be acceptable to SKYFY. Your bank or card issuer agreement governs use of the debit, credit, check card, or bank account in connection with the Service, and you must refer to that agreement with respect to your rights and liabilities as an account or a card holder. You will promptly notify SKYFY of any changes to your debit, credit, check card, and/or bank account information, or in the event that the debit, credit, or check card and/or bank account is terminated or you decide to change debit, credit, check card, or bank accounts.

Payments in full, not received by due dates may be result in interruption of SKYFY Services including but not limited to: immediate suspension, disconnection, or termination of SKYFY Service at the sole discretion of SKYFY, and assessment of early termination fees, collection processing fees, and any original installation fees, as applicable, which will become due immediately together with any other collection costs and/or fees incurred by SKYFY, including attorneys’ fees, and SKYFY will be at liberty to pursue all rights and remedies it may have at law or in equity.

Furthermore, to protect SKYFY customers and business interests, you authorize SKYFY to ask consumer reporting agencies or trade references to furnish SKYFY with employment and credit information, and you consent to SKYFY rechecking and reporting personal and/or business payment and credit history, as well as to enter this information in your file and disclose this information concerning you to appropriate third parties for reasonable business purposes. Upon receipt of adverse credit information about you at any time, SKYFY reserves the right to suspend or terminate Service to you or require a deposit for Service, at the option of SKYFY.

If the account is referred for Collections or Disconnection, the amount past due may include a Collection Processing Fee. To avoid possible interruption of Services, payments must be made by the “Due Date.” Unpaid accounts will be reported to national credit rating bureaus. Customer acknowledges SKYFY right to accept any payments tendered by Customer without prejudice to SKYFY right to collect the full amount due for any services rendered. Involuntarily disconnected account holders must pay applicable reconnect fees, any applicable deposits, and all past due balances prior to restoration of Services. Restoration of Service orders are scheduled for the first available connection date. SKYFY reserves the right to charge for any check returned by the bank for insufficient funds. Prices are subject to change.

AUTOMATIC CHARGES TO CARD OR CHECKING ACCOUNT. You agree that SKYFY may charge any applicable fees related to the ongoing use of your SKYFY Account and/or Services, including but not limited to monthly service fees, usage plan fees, support fees and optional service fees, to one ore more credit cards, or if approved by SKYFY, bank accounts listed on your SKYFY Account. You agree to pay your credit card bill for all applicable charges for Services. You agree to maintain a valid Visa, MasterCard, American Express, or Discover card, or if approved by SKYFY, an acceptable bank account from which SKYFY may deduct charges, on your account at all times, where such credit card or account shall accept charges in the amount applied and for the credit card billing address you specify. You also agree to use Account Portal to update the billing contact record as it changes, such that the information is always current. In the event that billing contact information or payment information is not viable, SKYFY reserves the right to temporarily or permanently limit access to your SKYFY Account and/or Services, and may require an increased deposit.

a. SKYFY provides documentation for any such charges via the billing contact email address listed on your SKYFY Account and/or by posting billing information on a website to which you will have been provided secure access.

b. Absent any indication to the contrary, such as a Due Date indicated on your SKYFY invoice, your due date shall be the 1st of each calendar month, at 12:01am (i.e. the first minute of the first day of the month).

c. You should choose a plan that closely approximates your planned usage.

d. It is your responsibility to look for invoices/statements at the billing interval applicable for your account, and notify SKYFY in the absence of receiving expected statement(s).

e. In the event a charge is denied by your credit card issuer or bank, you hereby authorize SKYFY to charge an amount less than the whole and/or charge the remaining portion to another account or carry forward any applicable balance and late fees. Amounts remaining as due may be reattempted at any time, partially, incrementally, or in their entirety.

f. You should notify SKYFY, by submitting an Online Billing Support Case through Account Portal, of any perceived billing inaccuracies before disputing any charges with your bank. Should SKYFY receive notification from your bank of a disputed charge, SKYFY reserve the right to terminate your SKYFY Services immediately. Charges disputed by you with your bank, and later resolved in the favor of SKYFY, shall result in a forty-five dollar fee ($45.00) to your account, regardless of whether your SKYFY Service(s) are active at the time.

g. Credit card information shall be maintained for tracking and historical purposes, so that SKYFY can identify your credit card information in the event of a refund. Cards may be marked upon request as "not for further use"; however, the card information itself must be maintained in SKYFY system.

PLACE OF PRIMARY USE. In order to determine which jurisdiction’s taxes and other assessments to collect, federal law may require SKYFY to obtain your Place of Primary Use (“PPU”), which must be your residential street address (if the Service is primarily for personal use) or your business street address (if the Service is primarily for business use). This address must be within the coverage area for the Service. You agree that the street address listed on your Service Order is your PPU. You agree to notify SKYFY promptly of any change to your PPU.

DISPUTES. Subject to applicable law, you must notify SKYFY in writing within fifteen (15) days after receiving your SKYFY invoice or statement if you dispute any SKYFY charges on that statement or such dispute will deemed waived. SKYFY will resolve all billing disputes in its sole discretion. If not resolved to your satisfaction and you still wish to pursue the matter, you must follow the dispute resolution process contained in this Agreement.

In order to resolve a complaint regarding the Service or to receive further information regarding the use of the Service, please contact SKYFY Customer Support. SKYFY requires that you describe the matter in writing. Written notices to you will be effective three (3) days following the date deposited in the U.S. Mail addressed to your address as kept in our files. You are responsible for notifying SKYFY of any changes in your address. Written notice to SKYFY will be effective when directed to SKYFY Customer Support and received at the address set forth at www.MYSKYFY.com. Except as provided in this Agreement, notices must be in writing to be effective. Notices sent by e-mail to you at the e-mail address stated in the Service Order Form will constitute written notice.

For privacy and security purposes, notice of any billing disputes must be in writing on SKYFY customer-authenticated support website or SKYFY Customer Account Portal (Account Portal), and received by SKYFY within fifteen (15) days from the invoice date or you will waive any objection thereafter. When disputing any charges, you may receive a confirmation, via email or otherwise, that may include a case number, automatically, to substantiate that you have made such a dispute. If you have any difficulty opening an Online Support Case, you will call SKYFY without delay at 1-888-977-5939, so that SKYFY will assist you with opening an Online Support Case under Account Portal or if necessary, open an Online Support Case on your behalf. In any situation, you agree that you must obtain a case number as substantiation of your dispute or you shall waive all objections fifteen (15) days thereafter that date of charge.

PAYMENTS. SKYFY may terminate your Service at any time in its sole discretion, if any charge to your bank/check/debit/credit card (“Card”) on file with SKYFY is declined or reversed, your Card expires and you have not provided SKYFY with a valid replacement Card, or in case of any other non-payment of account charges, including not receiving full and timely Cash Payments. If SKYFY terminates your Service for a Card that is declined, canceled or expired, reversed charges or non-payment, or for failure to make full and timely Cash or Check Payments, you are still fully liable to SKYFY for all fees and charges accrued before termination and for all costs incurred by SKYFY in collecting such amounts, such as (but not limited to) collection costs and/or fees, including attorneys’ fees. Charges not honored by your Card issuer or Cash Payment or Check Payment not fully and timely made will be considered delinquent.

SKYFY may make the Service available through advance cash payment (“Cash Payment”) instead of check, bank account, credit card, debit card, and check card payments. Upon accepting your Service Order for Cash Payments, you will prepay one (1) month in advance for the Services (including any Additional Services, as applicable), and any applicable fees for Equipment, installation fees, activation fees, other deposits, and other applicable fees. Within no later that four (4) days prior to the end of each month period during the Initial Term and any Renewal Term(s), you agree to prepay an additional one (1) month in advance for the Services (and including any applicable Additional Services and Equipment and other applicable monthly fees), and to continue such payments in advance of each subsequent monthly period for the Service during the Initial Term and any Renewal Term(s). SKYFY may discontinue Cash Payment for the Services at any time in its sole discretion. Except to the extent prohibited by law, SKYFY may change the amount of deposit, and your deposit may be commingled with other funds and will not earn interest. You may not use deposit payment to pay your bills or delay payment, but SKYFY may apply deposit payment to any fees or charges that you owe SKYFY. If Services are terminated for any reason, any deposit will be applied toward amounts you owe SKYFY at or after termination. Any remaining deposit will be returned to you at your billing address. You are responsible for providing correct and updated billing address information to SKYFY. Except to the extent prohibited by law, SKYFY will not refund any deposit balances of $5 or less unless you contact SKYFY in writing and request so. SKYFY will hold any unused balance of the deposit for up to one (1) year without accruing interest for your benefit, but you forfeit to SKYFY any portion of the balance left after one (1) year. You also forfeit any balance that cannot be delivered by post mail and is returned to SKYFY. You agree to pay all of the fees and charges described in the Agreement. In addition to the charges for Services, you will be responsible for all applicable federal, state, and local taxes, surcharges and fees applicable to SKYFY Services.

TERMINATIONS. Other than Terminations due to non-payment, SKYFY may terminate or suspend Services immediately and without notice if: (a) necessary to protect SKYFY Network; (b) SKYFY has reasonable evidence of Customer’s illegal, improper or unauthorized use of Services; or (c) required by legal or regulatory authority. SKYFY may attempt to notify you on a commercially reasonable basis in advance of termination, suspension, and collection actions, but you agree SKYFY is not required to make contact with you or your agent prior to taking such actions. Any termination or disconnection shall not relieve Customer or any liability incurred prior to such termination or disconnection, or for payment of unaffected Services. SKYFY may, but is not required to; reactivate your Service after Service has been suspended or terminated. Before Service may be reactivated, you must pay to SKYFY all past due amounts and payment fees plus reactivation charges per account and applicable taxes. SKYFY may modify the terms of Services before reactivating your Service and may require you to provide SKYFY with a deposit. SKYFY retains the right to pursue all available legal remedies if it terminates or disconnects Service(s) in accordance with this Section. Customer may terminate this Agreement and/or any Service Order hereunder upon thirty (30) days prior written notice, without incurring termination liability, for SKYFY (a) breach of any material provision of this Agreement, or any law, rule or regulation that affects Customer’s use of Service(s), which remains uncured at the end of the notice period and/or (b) insolvency, bankruptcy, assignment for the benefit of creditors, appointment of trustee or receiver or similar event.

Should this Agreement or any Service Order(s) be terminated prior to the end of term as stated on the Service Order, by SKYFY or Customer for reasons other than those and in accordance to the provisions set in the “Service Outages” Section of this document, the Customer must pay immediately to SKYFY all monthly recurring charges for the remaining balance of the term in such Service Order(s), early termination/cancellation fees, installation fees, and any pending or past due payment(s) incurred prior to such termination.

You will maintain Service for the duration of any minimum Initial Term (as set forth on the Service Order Form) and any Renewal Term (defined below). If during the Initial Term or any Renewal Term you decide to change to another SKYFY plan with different rates or features or add Additional and/or Optional Services to your existing SKYFY Services, then you agree that SKYFY may restart the Initial Term or any Renewal Term for the SKYFY Services, as applicable, from the beginning of such change in plan or addition of service. At the end of an Initial Term or any Renewal Term, SKYFY, at its option, may automatically renew the Service for an additional period of the same duration as the Initial Term or such other periods as set forth on the Order Form (each a “Renewal Term” if such renewal period is accepted by you as provided below). You will be deemed to have accepted the Renewal Term offer and agreed to maintain your Service for the duration of the Renewal Term unless you terminate the Service as provided in this Agreement by contacting SKYFY.

Upon termination of this Agreement you will be responsible for the costs and risks associated with returning the Equipment to SKYFY. You must return all leased Equipment to SKYFY in good working order, reasonable wear and tear excepted, in accordance with SKYFY return policy set forth at www.MYSKYFY.com. If you do not immediately return the Equipment in good working order, you agree and shall owe SKYFY payment in an amount reflecting the full retail value of the Equipment. In such cases, you agree that SKYFY may charge your Card account (if applicable) the foregoing amounts and to pay SKYFY the foregoing amounts if a Cash Payment customer. Upon termination or expiration of this Agreement for any reason, SKYFY and its suppliers reserve the right to delete any data, files, electronic messages or other information stored on SKYFY or its suppliers' servers or systems. SKYFY, its Affiliates and their agents and suppliers will have no liability whatsoever as the result of the loss of any such data, names or addresses or other information.

TERM AND METHOD OF DISCONNECTION. The initial term of this Agreement shall be the days between the service activation date and 30th calendar day from the service activation date. Unless under contract, Service shall be provided on a simple calendar month to calendar month basis, and SKYFY shall not prorate your first or last month’s charge, for any partial initial or final monthly period. The billing commencement date shall not be marked by the date you first choose to configure or use your Service, but rather billing begins at the moment your SKYFY Service(s) is(are) activated. This Agreement shall automatically renew on a calendar month billing basis, until terminated upon notice by either party, notwithstanding other termination rights indicated herein, and notwithstanding post-termination rights and obligations hereunder.

Should you wish to discontinue service, you agree to log into your Account Portal at www.MYSKYFY.com for identity verification purposes, and submit a written, electronic request via Online Support Case to SKYFY Customer Support. You will receive cancellation request confirmation within 24 hours. For security reasons, SKYFY does not accept verbal cancellation requests. Cancellation requests are dated only from the moment SKYFY receives your request via Account Portal through an Online Support Case. If you have any difficulty opening a cancellation request using your Account Portal, you may contact SKYFY at 1-888-977-5939 for assistance. Claims that you previously told someone by phone or sent an email, and where you did not receive a cancellation request confirmation validating your disconnection request, shall not be honored. It may take up to fifteen (15) days to disconnect your SKYFY Service(s) from the time you request disconnection, and you understand that you are responsible for all applicable charges through the date of disconnection itself, as will appear on a subsequent invoice, and the monthly fee for the final month shall not be prorated.

SKYFY reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, either in whole or in part, at any time in its sole discretion. If SKYFY discontinues providing the Service generally, or terminates your Service in its discretion (i.e., for a reason other than your or your Users’ breach of this Agreement or your or your Users’ improper use of the Service), you will only be responsible for charges accrued through the date of your final service period. If your Service is terminated for any stated reason, including without limitation violation of the Agreement, or because of any improper use of the Service or Equipment (such as, but not limited to, any violation set forth in this Agreement including any attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any SKYFY Policy or of a third party provider to which SKYFY is subject), you will be responsible for the full month’s charges to the end of the current term, including without limitation unbilled charges, plus the Early Termination Fee, all of which immediately become due and payable. SKYFY may, but is not required to, reactivate your Service after Service has been suspended or terminated in accordance with this paragraph. BEFORE SERVICE MAY BE REACTIVATED, YOU MUST PAY TO SKYFY ALL PAST DUE AMOUNTS AND LATE PAYMENT FEES PLUS A REACTIVATION CHARGE PER ACCOUNT AND APPLICABLE TAXES. SKYFY may modify the terms of Service before reactivating your Service and may require you to provide a deposit.

You will be in default under the Agreement if you do not pay any sum when due, breach the Agreement or any other agreement between you and SKYFY, become the subject of any proceeding under the Bankruptcy Code or become insolvent. In any such case, you shall remain responsible for payment of all charges and fees (including any Early Termination Fee) due under this Agreement (including charges incurred after a bankruptcy filing), which charges will be immediately due and payable. If you receive other services from SKYFY, such as wireless or other services, you must pay your bill in full for such services or your Service will be disconnected as well as any other services you had subscribed to from SKYFY. If Service is suspended or cancelled for a failure to pay, you will lose all functions of the Service. SKYFY has the right to discontinue Service and/or terminate the Agreement without prior notice if you default under the Agreement.

PRIVACY AND SECURITY. You agree to protect your username and password and you are responsible for any usage of your account. You agree to immediately notify SKYFY of any unauthorized use of your account or other security breach. You acknowledge and understand that SKYFY cannot and does not guarantee that the Internet Service is secure as it may, in whole or in part, utilize public Internet and third party networks to transmit text, video, audio, and other communications outside of SKYFY Network. SKYFY is not liable to you or any other party for any lack of privacy or security you experience while using the Service. SKYFY respects your privacy and, to the extent feasible, treats the content of all communications as private, except as may be required by law.

SKYFY has the right, but not the obligation to you to monitor, intercept and disclose any transmissions over or using SKYFY facilities, and to provide subscriber billing, account, or use records, and related information under certain circumstances (for example, in response to lawful process, orders, subpoenas, or warrants, or to protect SKYFY rights, users or property). SKYFY reserves the right to monitor the Services from time to time, to install, manage, and operate software, monitoring or other solutions, single or multiple, designed to assist SKYFY in identifying and/or tracking activities that SKYFY considers to be illegal or violate this Agreement and any other applicable agreements you might have with SKYFY. You understand that SKYFY, in compliance with federal and state law, in response to court order or specified legal process or certain kinds of emergency government requests, may turn over other information such as the content of email. SKYFY may, in its sole discretion and without notice, remove, block, filter or restrict by any means any materials or information that SKYFY considers to be actual or potential violations of the restrictions set forth in this Agreement, included but not limited to activities that may subject SKYFY or its customers to harm or liability. SKYFY, its affiliates, and their agents and suppliers disclaim any and all liability for any failure on its part to prevent such materials or information from being transmitted over the Service, the Equipment and/or into or through your equipment. You agree that SKYFY may disclose any information regarding you or your use of the Service for any reason and at its sole discretion in order to satisfy applicable laws, regulations, legal process or governmental requests, or in order to operate and deliver the Service in an efficient manner, or to otherwise protect SKYFY property or legal interests and those of its subscribers, and others or to ensure your compliance with the Agreement. Furthermore, unless you object, SKYFY may disclose certain subscriber information, limited to your name, address, phone number and the particular services to which you subscribe to certain commercial entities such as advertisers and direct mail or telemarketers.

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WEB SITE USAGE. SKYFY website on the World Wide Web with its home page in the domain “MYSKYFY.com”, or any other site operated by or affiliated with SKYFY Website (the "Website") is a complimentary information service offered by Website at no additional charge to users. SKYFY may provide links on the Website to other websites that may not be owned, operated and/or controlled by SKYFY. In general, any website that has an address (or URL) which does not contain “MYSKYFY.com” is such a website. These links are provided for convenience only and do not represent an endorsement by SKYFY of the organization or individual operating the Website or a warranty of any type regarding the Website or the information on the Website. You may provide a hypertext link to the Website on another website, provided that: (a) the link must be clearly marked " SKYFY " (b) the link must "point" to the URL "http://www.MYSKYFY.com/" and not to any other pages within the Website, (c) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with SKYFY name, brand, and trademark(s), (d) the appearance, position, and other aspects of the link may not create the false appearance that an entity is associated with or sponsored by SKYFY, (e) the link, when activated by a user, must display Website in full-screen and not within a "frame" on the linked website, and (f) SKYFY may, in its sole discretion, revoke consent to link to the Website at any time. All other hypertext links to the Website must be approved in writing by SKYFY. Some portions of the Website are made available for the free exchange of ideas by participants and are not regularly monitored nor moderated by SKYFY. You understand that SKYFY assumes no responsibility and makes no warranty that it will undertake to screen or remove such material. You agree to hold SKYFY harmless from all claims based upon the materials posted by others. Also, in exchange for availing yourself of the opportunity to upload or provide information to the Website and any associated chat rooms or discussion areas, you will indemnify SKYFY from any claims made by third parties regarding the material that you provide. Personal information posted by me to the Website is posted at your own risk. SKYFY will have no liability arising from use of that information. You shall not use the Website to distribute or publish any advertising of goods or services, solicitations for funds, or other commercial messages. You further agree that you will not post, upload, or otherwise introduce a virus or other harmful code onto the Website. Your postings of material on the Website or providing material to SKYFY to use on the Website will be deemed to be a grant by you to SKYFY of a license to the material to include the material on the Website and to reproduce, publish, distribute, perform, display, and transmit the material and to prepare derivative works as may be reasonably necessary to do so, and you waive all rights of attribution and integrity with respect to the material.

THIRD PARTY ONLINE CONTENT, SERVICES AND MATERIALS. SKYFY is neither in control, nor responsible, nor liable for data, content, services, or products, software or otherwise, that you access, download, receive or buy via SKYFY Services. SKYFY may, but not obligated to, block information, transmissions or access to certain information, services, products or domains to protect SKYFY, SKYFY Network, the public or SKYFY users. SKYFY is not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Service. Customers may access such materials at their own risk. You are responsible for paying all fees and charges of third party vendors whose sites, products or services you access, buy or use via the Services. If you choose to use the Services to access any web sites, services or content, or purchase products from third parties, your personal information may be available to the thirdparty provider. How third parties handle and use your personal information related to their sites and services is governed by their security, privacy and other policies (if any) and not SKYFY. SKYFY has no responsibility for third party provider policies, or their compliance with them. If you elect to download into your equipment or otherwise enable any software, including any client-based software designed to facilitate your access of the Services, you shall be solely responsible for, and shall be deemed to have reviewed and, to the extent applicable, acknowledged, accepted or waived, any disclosures, notices or options otherwise made available to you for viewing as part of the log-in process for the Service. In no event, will SKYFY, its affiliates, and/or their agents or suppliers be liable for any lack of privacy which may be experienced with regard to the Services.

SKYFY strongly recommends that you supervise any minor children if you decide to allow their access or usage of the Services. You acknowledge that there are materials and content on the Internet or otherwise accessible through the Services which may not be in compliance with all federal, state, and local laws and regulations, and which may be sexually explicit, offensive, or otherwise objectionable to you. SKYFY assumes no responsibility for and exercises no control over the content or materials contained on the Internet or that is otherwise accessible through the Service. You access such materials at your own risk.

FRAUD AND UNLAWFUL ACTIVITY. You acknowledge that SKYFY may cooperate fully with investigations of possible illegal activity or violations of systems or network security at other sites, including cooperation with law enforcement authorities in the investigation of suspected criminal violations. If SKYFY suspects violations of any of the terms and conditions of this Agreement, EUSA, or applicable law, SKYFY may, without prejudice to any other rights or remedies have: (i) institute legal action, (ii) immediately, without prior notice to you terminate the Agreement and the Services, (iii) terminate any other SKYFY agreements with you and the applicable SKYFY service(s) provided under those agreements, and (iv) cooperate with law enforcement authorities in bringing legal proceedings against violators. You agree to reasonably cooperate with us in investigating suspected violations. Those who violate systems or network security requirements may incur criminal and/or civil liability. Your failure to provide reasonable cooperation may result in your liability for such violations.

You agree not to change the electronic serial number or equipment identifier of the Equipment, or to perform a factory reset of the Equipment, without express permission from SKYFY in each instance which SKYFY may deny in its sole discretion. In addition, you will not service, alter, modify or tamper with the Equipment or with the Service, or permit any other person (unless authorized in advance by SKYFY in writing) to do so. You agree to notify SKYFY immediately, in writing or by calling SKYFY Customer Support, if the Equipment is stolen or if you become aware at any time that the Service is being stolen or fraudulently used.

INTELLECTUAL PROPERTY. The Services, Equipment, software, systems, branding, documents, designs, materials, processes and information used to provide the Services and the Equipment, or embedded within the Services and/or the Equipment, and/or used in connection with the Services, delivered to you by SKYFY or located on SKYFY online systems are or may be protected by trademark, copyright and other intellectual property laws and international treaties. All names, service marks, trademarks, trade names, logos and domain names (collectively “Marks”) of SKYFY are and will remain the exclusive property of SKYFY and nothing in the Agreement grants you the right or license to use any of such Marks. You acknowledge that you are not given any license to use any of the aforementioned Intellectual Property under this Agreement. You agree that the Equipment is exclusively for use in connection with the Services. You will not use the Service except by means of the approved Equipment. If you decide to use the Services using equipment not approved by SKYFY, you represent and warrant that you possess all required rights, including software and/or firmware licenses, to use that equipment with the Services and, in addition to your indemnification obligations under this Agreement, you agree to defend, indemnify and hold SKYFY, and its affiliates, and their agents and suppliers harmless against any and all liability arising out of your use of such equipment with the Services. The foregoing sentence will survive termination or expiration of the Agreement for any reason. You agree not to reverse compile, disassemble or reverse engineer or otherwise attempt to derive the source code from the binary code of any firmware or software used to provide the Services or used in connection with the Service. Nothing contained in this Agreement will be construed to limit SKYFY and its affiliates’ rights and remedies available at law or in equity.

The internet protocol (“IP”) addresses that SKYFY may assign to you, including static IP addresses, are considered loaned to you, and not transferred or sold to you. You have no ownership or proprietary interest in such IP addresses. Such IP addresses will revert back to SKYFY upon the termination of your Service for any reason, or earlier if such change in IP address is reasonably necessary in the conduct of SKYFY business. You will not assign to any other person the IP address assigned to you. You will not program any other IP address into the Equipment.

LIMITATION OF LIABILITY: (A) NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SKYFY, ITS AFFILIATES, THEIR AGENTS OR SUPPLIERS, OR THEIR OFFICERS, EMPLOYEES, AGENTS OR CONTRACTORS BE LIABLE OR OBLIGATED UNDER ANY SECTION OF THIS AGREEMENT, INCLUDING UNDER ANY THEORY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, PRIVACY, SECURITY, STRICT OR PRODUCT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY: (I) FOR ANY AMOUNTS IN EXCESS OF THE AGGREGATE OF THE FEES PAID TO SKYFY FOR THE APPLICABLE SERVICE HEREUNDER DURING THE ONE (1) MONTH PERIOD DURING WHICH THE OCCURRENCE GIVING RISE TO LIABILITY TOOK PLACE; (II) FOR ANY COST OF PROCUREMENT OF SUBSTITUTE GOODS, TECHNOLOGY, SERVICES, PRODUCTS, OR RIGHTS; (III) FOR ANY LOSS OR CORRUPTION OF DATA OR DELAYED OR INTERRUPTED USE OF THE SERVICE OR ACCESS TO THE INTERNET; (IV) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES AND/OR LOST PROFITS; OR (V) FOR ANY LACK OR BREACHES OF SECURITY OF THE SERVICE OR IN THE STORAGE OR INTEGRITY OF YOUR DATA OR ANY USER’S DATA. (B) THE EXCLUSIONS AND LIMITATIONS IN THIS PARAGRAPH SHALL APPLY WHETHER THE CLAIM IS BASED ON BREACH OF CONTRACT, TORT, BREACH OF WARRANTY, NEGLIGENCE, PRODUCT LIABILITY, OR ANY OTHER BASIS, AND APPLY WHETHER OR NOT SKYFY WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. IN ADDITION, THE EXCLUSIONS AND LIMITATIONS IN THIS PARAGRAPH SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH THE SERVICE OR EQUIPMENT OR IF YOU HAVE ANY OTHER DISPUTE WITH SKYFY, OR CLAIM AGAINST SKYFY, THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE AND ANY LIABILITY (IF ANY) WILL BE LIMITED TO THE RECOVERY OF YOUR DIRECT DAMAGES INCURRED IN REASONABLE RELIANCE, LIMITED TO THE AMOUNT AND EXCLUSIONS SET FORTH IN THIS PARAGRAPH. THE LIMITATIONS AND EXCLUSIONS IN THIS PARAGRAPH WILL SURVIVE THE TERMINATION OR EXPIRATION OF THE AGREEMENT FOR ANY REASON.

Some states do not allow the exclusion or limitation of incidental or consequential damages, or other modifications of or limitations to certain remedies, so the above exclusion or limitation may not apply to you, in whole or in part.

AMENDMENTS. Subject to applicable law, SKYFY may in its sole discretion amend any part of the Service or provision of the Agreement. SKYFY will provide notice to you of any material modification. Such notice will be effective by posting it on the SKYFY website at www.MYSKYFY.com or on another web site about which you have been notified, or by sending notice via e-mail, first class U.S. postal mail, or overnight mail to your physical address of record or the e-mail address in Account Portal records. You agree that any one of the foregoing will constitute sufficient notice. If at any time a new version of the Agreement is released and posted at the SKYFY website and you do not agree to a modification that is materially disadvantageous to you, you may reject the new revision of the Agreement by written notice to SKYFY Customer Support as provided in this Agreement within fifteen (15) days of the date SKYFY released such revision, at which time your use of Services will be governed by the latest version of the Agreement accepted by you as provided to you by SKYFY.

If you use the Service or make any payment to SKYFY after SKYFY provides notice as specified above of a material modification, and do not provide termination notice to SKYFY within the specified time period as provided in this Agreement, you agree to that change, retroactive to the announced effective date of the modification. Without limiting the foregoing, SKYFY may revise any Policy at any time, and such revisions will be effective immediately upon posting on SKYFY website, or providing written notice, whether electronic or otherwise, to you.

YOUR INDEMNIFICATION OBLIGATIONS. You will defend, indemnify, and hold SKYFY, its affiliates, and their directors, officers, employees, agents, and shareholders and any other service providers or suppliers (collectively, the “SKYFY Parties”) harmless against any and all claims, losses, damages, and liabilities sustained by the SKYFY Parties resulting from, arising out of the Agreement, the Service, the Equipment, including, but not limited to, any breach or non-fulfillment of any representation, warranty, or covenant by you set forth in the Agreement or from your use or misuse of the Equipment or the Service. You agree that SKYFY Parties shall not be responsible for any third-party claims against SKYFY Parties that arise in connection with the Service, the Equipment or any of your equipment, or any use of any of the foregoing. You also agree to reimburse SKYFY Parties and pay SKYFY Party’s reasonable attorneys’ and expert witness fees and costs related to defending such claims and related to enforcing the Agreement, including any such fees incurred in connection with any appeal. This section will survive termination or expiration of the Agreement for any reason.

ASSIGNMENT AND SUCCESSORS IN INTEREST. All of the provisions of the Agreement will be binding upon and be enforceable against you, your Users, and your and their respective successors and permitted assigns. Except as specifically stated herein, neither the Agreement nor any of your or SKYFY rights, interests, or obligations may be assigned or delegated by you without the prior written consent of SKYFY. Any unauthorized assignment or delegation will be null and void. Notwithstanding the foregoing, SKYFY may assign or otherwise transfer its rights and obligations under the Agreement without restriction.

COPYRIGHT INFRINGEMENT. Pursuant to Title 17, United States Code, Section 512(c)(2) (as amended), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. Note that inquiries relevant to the following procedure only will receive a response. Please contact SKYFY Customer Support at 1-888-977-5939 or open an Online Support Case via Account Portal requesting Notice and Procedure for Making Claims of Copyright Infringement.

SIGNING AUTHORITY; AUTHORIZED USER. You acknowledge that you are of legal age and possess the legal right and ability to enter into this Agreement, have received a copy of the Agreement and have read and clearly understand the terms of the Agreement and, if activating on behalf of a corporation or other entity, are fully authorized to legally bind such entity. You acknowledge that you are responsible for all charges incurred by any person you authorize to access your account, or to use the Equipment and the Service.

ENTIRE AGREEMENT/SEVERABILITY. This Agreement, including the hardcopy and online Service Order Forms, the Terms, your Service Plan, and the Policies (each as they may be amended from time to time) together contain the entire agreement and understanding concerning the Service and Equipment and supersede all prior negotiations, proposed agreements, and all other agreements, whether electronic, written, or oral. In the event that it is determined by a court of competent jurisdiction as a part of a final non-appealable judgment that any provision of the Agreement (or part thereof) is invalid, illegal, or otherwise unenforceable, such provision will be enforced as nearly as possible in accordance with the stated intention of the parties, while the remainder of the Agreement will remain in full force and effect.

ARBITRATION; CHOICE OF LAW; STATUTE OF LIMITATIONS; JURY WAIVER. THIS AGREEMENT WILL BE GOVERNED BY AND CONSTRUED UNDER THE LAWS OF THE STATE OF FLORIDA WITHOUT REGARD TO CHOICE OF LAW PRINCIPLES. ALL CUSTOMER INITIATED DISPUTES ARISING UNDER THIS AGREEMENT (OTHER THAN YOUR FAILURE TO MAKE PAYMENTS IN ACCORDANCE WITH THE AGREEMENT AND ANY ACTION TO COLLECT AMOUNTS DUE TO SKYFY UNDER THIS AGREEMENT, WHICH MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION) WILL BE SETTLED EXCLUSIVELY BY BINDING ARBITRATION USING THE COMMERCIAL RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) THEN IN EFFECT. THE SOLE PLACE FOR ARBITRATION WILL BE VOLUSIA COUNTY, FLORIDA, UNLESS THAT LOCATION IS PROHIBITED BY LAW, IN WHICH CASE THE ARBITRATOR WILL SELECT THE LOCATION OF THE ARBITRATION. ONE (1) ARBITRATOR SELECTED IN ACCORDANCE WITH THE AAA RULES WHO HAS EXPERTISE IN THE SUBJECT MATTER HEREOF WILL CONDUCT THE ARBITRATION. THE DECISIONS OF THE ARBITRATOR WILL BE BINDING AND CONCLUSIVE UPON ALL PARTIES INVOLVED AND JUDGMENT UPON ANY AWARD OF THE ARBITRATOR MAY BE ENTERED BY ANY COURT HAVING COMPETENT JURISDICTION. THIS PROVISION WILL BE SPECIFICALLY ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION. UNLESS OTHERWISE REQUIRED BY LAW, YOU AND SKYFY WILL EACH BEAR THEIR OWN EXPENSES, INCLUDING ATTORNEYS’ FEES, EXCEPT THAT PAYMENT OF THE FEES AND EXPENSES OF THE ARBITRATOR WILL BE GOVERNED BY THE RULES OF THE AAA. THIS DUTY TO ARBITRATE AND THE PROVISIONS IN THIS SECTION WILL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT FOR ANY REASON. ALL CLAIMS WILL BE ARBITRATED INDIVIDUALLY AND THERE WILL BE NO RIGHT OR BASIS FOR CONSOLIDATION, CLASS TREATMENT OR CLAIMS BROUGHT IN A REPRESENTATIVE CAPACITY (SUCH AS A PRIVATE ATTORNEY GENERAL) OF ANY CLAIM UNLESS PREVIOUSLY AGREED TO IN WRITING BY SKYFY. THE ARBITRATOR WILL NOT HAVE ANY AUTHORITY TO AWARD ANY SPECIAL OR PUNITIVE DAMAGES OR ANY OTHER DAMAGES EXCEPT AS PERMITTED BY THE AGREEMENT. YOU WAIVE ANY RIGHT TO TRIAL BY JURY OF ANY CLAIMS OR DISPUTES RELATING TO THIS AGREEMENT OR THE SERVICE. YOU WAIVE ANY RIGHT TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY. YOU AND SKYFY AGREE THAT ANY CLAIM ARISING OUT OF OR RELATED TO THE SERVICE OR THE AGREEMENT MUST BE COMMENCED WITHIN TWO (2) YEARS AFTER THE CLAIM ARISES, OR THE CLAIM WILL BE PERMANENTLY BARRED. NOTHING IN THE AGREEMENT WILL PREVENT SKYFY FROM SEEKING CONSERVATORY, PROTECTIVE OR INJUNCTIVE RELIEF WITH RESPECT TO A VIOLATION OF ITS INTELLECTUAL PROPERTY RIGHTS IN ANY COURT OF COMPETENT JURISDICTION PENDING THE OUTCOME OF THE ARBITRATION, OR ENFORCEMENT OR RECOGNITION OF ANY AWARD OR ORDER IN ANY COURT OF COMPETENT JURISDICTION.

ACCEPTANCE BY ACTIVATION OR USE. You acknowledge that you have read and understood, and you agree to, each of the provisions of this Agreement, and you represent and warrant that you are of legal age and authorized to enter the Agreement and to accept and agree to become bound by the terms of this Agreement. The Agreement applies to you and to anyone who uses SKYFY Service. By (1) initiating, activating or using SKYFY Service, and/or (2) providing or authorizing a written or electronic signature or otherwise so indicating electronically, you will have been deemed to have accepted the current version of the provisions of this Agreement or confirm any previous consent to the same. If you do not agree to the provisions of this Agreement, you are not authorized to use SKYFY Service and/or Equipment.

This Agreement, EUSA, Policies, online or hardcopy Service Order, including any SKYFY materials you received in connection with your SKYFY Account and the Service Plans collectively constitute your agreement between you and SKYFY, and govern the user of the Service. In the event of an inconsistency, except as otherwise expressly stated in any of the foregoing, the terms and conditions in this Agreement will control. You do not have the authority to alter or amend any of the provisions of this Agreement. The provisions of this Agreement will control over any statement appearing as a restrictive endorsement or other language which purports to modify a right, obligation or liability of either party on any document you may send to SKYFY. Current versions of SKYFY Terms of Service, EUSA, applicable Policies, and Service Plans can be found at www.MYSKYFY.com. As these provisions of the Agreement may be updated from time to time, you agree to regularly check your postal mail, e-mail and all postings on the SKYFY website at www.MYSKYFY.com or another website designated by SKYFY and bear the risk of failing to do so. This Agreement applies to you and to anyone who uses SKYFY Services or Equipment. You agree SKYFY may change the provisions of the Agreement from time to time, and agree that electronic notices to you will be considered given and effective on the date posted to the SKYFY website. Such changes will become binding on you on the date posted to the SKRYIM website and no further notice by SKYFY is required.

By ordering SKYFY Services, or utilizing SKYFY Services and Equipment, I, the Customer, hereby request and accept SKYFY Services subject to the above conditions, and agree to be bound by, and comply with, without limitation or qualification, the terms of this Agreement.

© 2011 SKYFY NETWORKS LLC TERMS OF SERVICE - INTERNET ACCESS SERVICES