WildBlue High-Speed Internet Acceptable Use Policy
THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING
YOUR USE OF WILDBLUE’S INTERNET ACCESS SERVICE AND YOUR RELATIONSHIP WITH
WILDBLUE. YOU SHOULD READ THEM CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION
REGARDING YOUR RIGHTS AND OURS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT
USE THE SERVICE AND YOU MUST TERMINATE YOUR SERVICE IMMEDIATELY
WildBlue may revise this Acceptable Use Policy (the "Policy") from
time to time without notice by posting a new version of this document on
wildblue.com, wildblue.net or any successor URL(s). All revised copies of the
Policy are effective immediately upon posting. Accordingly, customers and users
of the WildBlue High-Speed Internet Service should regularly visit these web
sites and review this Policy to ensure that their activities conform to the most
recent version. In the event of a conflict between any subscriber or customer
agreement and this Policy, the terms of this Policy will govern. Questions
regarding this Policy and complaints of violations of it by WildBlue customers
and users can be directed to WildBlue via “Help” email obtainable at
wildblue.net.
It is WildBlue's intent to provide our customers with the best
satellite Internet service possible. In order to accomplish this task, we have
adopted this Acceptable Use Policy (the "AUP" or "Policy"). This Policy outlines
acceptable use of the WildBlue High-Speed Internet access service (the
"Service"), as well as permissible and prohibited conduct for using the Service
to access the Internet. This Policy, including its customer use restrictions, is
in addition to the restrictions contained in the WildBlue High-Speed Internet
Customer Agreement (the "Customer Agreement"). All capitalized terms used in
this AUP that are not defined here have the meanings given to them in the
Customer Agreement.
It is the responsibility of all WildBlue High-Speed Internet
customers and all others who have access to WildBlue's network ("customer,"
"you," or "your"), to comply with this AUP and all WildBlue policies. As a
Service customer, it is your responsibility to secure your computer equipment so
that it is not subject to external threats such as viruses, spam, and other
methods of intrusion. Failure to comply with these or any other WildBlue
policies could result in the suspension or termination of your Service. If you
do not agree to comply with all of these policies including the AUP, you must
immediately stop use of the Service and notify WildBlue so that your account may
be closed.
Note: WildBlue reserves the right to immediately
terminate the Service and the Customer Agreement if you engage in any of the
prohibited activities listed in this AUP or if you use the WildBlue Equipment or
Service in a way which is contrary to any WildBlue policies or any of WildBlue's
suppliers' policies. You must strictly adhere to any policy set forth by another
service provider accessed through the Service.
Prohibited Uses and Activities
Prohibited uses include, but are not limited to, using the
Service, Customer Equipment, or the WildBlue Equipment to:
(i) undertake or accomplish any unlawful purpose. This includes, but is not
limited to, posting, storing, transmitting or disseminating information, data or
material which is libelous, obscene, unlawful, threatening, defamatory, or which
infringes the intellectual property rights of any person or entity, or which in
any way constitutes or encourages conduct that would constitute a criminal
offense, give rise to civil liability, or otherwise violate any local, state,
federal or international law, order or regulation;
(ii) post, store, send, transmit, or disseminate any
information or material which a reasonable person could deem to be
objectionable, offensive, indecent, pornographic, harassing, threatening,
embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or
otherwise inappropriate, regardless of whether this material or its
dissemination is unlawful;
(iii) access any other person's computer or computer system,
software, or data without their knowledge and consent; breach the security of
another user; or attempt to circumvent the user authentication or security of
any host, network, or account. This includes, but is not limited to, accessing
data not intended for you, logging into or making use of a server or account you
are not expressly authorized to access, or probing the security of other hosts,
networks, or accounts;
(iv) use or distribute tools designed or used for
compromising security, such as password guessing programs, decoders, password
gatherers, analyzers, cracking tools, packet sniffers, encryption circumvention
devices, or Trojan Horse programs. Network probing or port scanning tools are
only permitted when used in conjunction with a residential home network, or if
explicitly authorized by the destination host and/or network. Unauthorized port
scanning, for any reason, is strictly prohibited;
(v) upload, post, publish, transmit, reproduce, create
derivative works of, or distribute in any way information, software or other
material obtained through the Service or otherwise that is protected by
copyright or other proprietary right, without obtaining permission of the owner;
(vi) copy, distribute, or sublicense any software provided
in connection with the Service by WildBlue or any third party, except that you
may make one copy of each software program for back-up purposes only;
(vii) restrict, inhibit, or otherwise interfere with the
ability of any other person, regardless of intent, purpose or knowledge, to use
or enjoy the Service, including, without limitation, posting or transmitting any
information or software which contains a worm, virus, or other harmful feature,
or generating levels of traffic sufficient to impede others' ability to send or
retrieve information;
(viii) restrict, inhibit, interfere with, or otherwise
disrupt or cause a performance degradation, regardless of intent, purpose or
knowledge, to the Service or any WildBlue (or WildBlue supplier) host, server,
backbone network, node or service, or otherwise cause a performance degradation
to any WildBlue (or WildBlue supplier) facilities used to deliver the Service;
(ix) resell the Service or otherwise make available to
anyone outside the Premises the ability to use the Service (i.e. wi-fi, or other
methods of networking), in whole or in part, directly or indirectly, or on a
bundled or unbundled basis. The Service is for personal and non-commercial use
only and you agree not to use the Service for operation as an Internet service
provider or for any business enterprise or purpose, or as an end-point on a
non-WildBlue local area network or wide area network;
(x) connect multiple computers behind the cable modem to set
up a LAN (Local Area Network) that in any manner would result in a violation of
the terms of this Policy or an applicable Service plan;
(xi) transmit unsolicited bulk or commercial messages or
"spam." This includes, but is not limited to, unsolicited advertising,
promotional materials or other solicitation material, bulk mailing of commercial
advertising, chain mail, informational announcements, charity requests, and
petitions for signatures;
(xii) send numerous copies of the same or substantially
similar messages, empty messages, or messages which contain no substantive
content, or send very large messages or files to a recipient that disrupts a
server, account, newsgroup, or chat service;
(xiii) distribute programs that remove locks or time-outs
built into software (cracks);
(xiv) run programs, equipment, or servers from the Premises
that provide network content or any other services to anyone outside of your
Premises LAN (Local Area Network), also commonly referred to as public services
or servers. Examples of prohibited services and servers include, but are not
limited to, e-mail, Web hosting, file sharing, and proxy services and servers;
(xv) initiate, perpetuate, or in any way participate in any
pyramid or other illegal soliciting scheme;
(xvi) participate in the collection of e-mail addresses,
screen names, or other identifiers of others (without their prior consent), a
practice sometimes known as spidering or harvesting, or participate in the use
of software (including "spyware") designed to facilitate this activity;
(xvii) collect responses from unsolicited messages;
(xviii) impersonate any person or entity, engage in sender
address falsification, forge anyone else's digital or manual signature, forge
any TCP/IP packet header (or any part of the header information in an email or a
newsgroup posting) or gain access to any account or computer resource not
belonging to you (e.g., "spoofing") or otherwise hack, crack into, monitor,
access, use, probe, or scan without authorization any system, network, data,
traffic or security authentication measure or perform any other similar
fraudulent activity;
(xix) service, alter, modify, or tamper with the WildBlue
Equipment or Service or permit any other person to do the same who is not
authorized by WildBlue;
(xx) connect the WildBlue Equipment to any computer outside
of your Premises;
(xxi) collect, or attempt to collect, personal information
about third parties without their consent;
(xxii) interfere with computer networking or
telecommunications service to any user, host or network, including, without
limitation, denial of service attacks, flooding of a network, overloading a
service, improper seizing and abuse of operator privileges and attempts to
"crash" a host; and
(xxiii) violate the rules, regulations, or policies
applicable to any network, server, computer database, or Web site that you
access.
Security
You are responsible for any misuse of the Service, even if the misuse was
committed by a friend, family member, or guest with access to your Service
account. Therefore, you must take steps to ensure that others do not use your
account to gain unauthorized access to the Service by, for example, strictly
maintaining the confidentiality of your Service login and password. In all
cases, you are solely responsible for the security of any device you choose to
connect to the Service, including any data stored or shared on that device.
Account functions such as verifying and maintaining the account, options and
settings, must be performed by a person at least 18 years of age, without
exception. WildBlue recommends against enabling file or printer sharing of any
sort unless you do so in strict compliance with all security recommendations and
features provided by WildBlue and the manufacturer of the applicable file or
printer sharing devices. Any files or devices you choose to make available for
shared access on a home LAN, for example, should be protected with a strong
password or as otherwise appropriate.
Inappropriate Content and
Transmissions
WildBlue reserves the right, but not the obligation, to refuse to transmit or
post and to remove or block any information or materials, in whole or in part,
that it, in its sole discretion, deems to be offensive, indecent, or otherwise
inappropriate, regardless of whether this material or its dissemination is
unlawful. Neither WildBlue nor any of its affiliates, suppliers, or agents have
any obligation to monitor transmissions or postings (including, but not limited
to, e-mail, newsgroup, and instant message transmissions as well as materials
available on the Personal Web Pages and Online Storage features) made on the
Service. However, WildBlue and its affiliates, suppliers, and agents have the
right to monitor these transmissions and postings from time to time for
violations of this Policy and to disclose, block, or remove them in accordance
with the Subscriber Agreement and any other applicable agreements and policies.
Electronic Mail
The Service may not be used to send unsolicited bulk or commercial messages and
may not be used to collect responses from unsolicited e-mail sent from accounts
on other Internet hosts or e-mail services that violate this Policy or the
acceptable use policy of any other Internet service provider. Moreover,
unsolicited e-mail may not direct the recipient to any Web site or other
resource that uses the Service. Activities that have the effect of facilitating
unsolicited commercial e-mail or unsolicited bulk e-mail, whether or not the
e-mail is commercial in nature, are prohibited. Forging, altering, or removing
electronic mail headers is prohibited. You may not reference WildBlue or the
WildBlue network (e.g. by including "Organization: WildBlue" in the header or by
listing an IP address that belongs to WildBlue or the WildBlue network) in any
unsolicited e-mail even if that e-mail is not sent through the WildBlue network
or Service.
WildBlue is not responsible for forwarding e-mail sent to
any account that has been suspended or terminated. This e-mail will be returned
to the sender, ignored, deleted, or stored temporarily at WildBlue's sole
discretion. In the event that WildBlue believes in its sole discretion that any
subscriber name, account name, or e-mail address (collectively, an "identifier")
on the Service may be used for, or is being used for, any misleading,
fraudulent, or other improper or illegal purpose, WildBlue (i) reserves the
right to block access to and prevent the use of any such identifier and (ii) may
at any time require any customer to change his or her identifier. In addition,
WildBlue may at any time reserve any identifiers on the Service for WildBlue's
own purposes.
Newsgroups
Messages posted to newsgroups must comply with the written charters or FAQs for
those newsgroups as well as any other terms and conditions applicable to any
particular newsgroups or provider of newsgroups. Advertisements, solicitations,
or other commercial messages should be posted only in those newsgroups whose
charters or FAQs explicitly permit them. You are responsible for determining the
policies of a given newsgroup before posting to it. WildBlue reserves the right
to discontinue access to any newsgroup at any time for any reason. WildBlue
permits users of the Service to download a maximum of one gigabyte (1GB) of
newsgroup content in any one month, unless users are subject to a Service plan
that permits downloading more newsgroup content.
Instant Messages
Users alone are responsible for the contents of their instant messages and the
consequences of any instant messages. WildBlue assumes no responsibility for the
timeliness, mis-delivery, deletion or failure to store instant messages.
Personal Web Page and File Storage
As part of the Service, WildBlue provides you with access to personal Web pages
and storage space through the Personal Web Pages and Online Storage features
(collectively, the "Personal Web Features"). You are solely responsible for any
information that you or others publish or store on the Personal Web Features.
You must ensure that the intended recipient of any content made available
through the Personal Web Features is appropriate. For example, you must take
appropriate precautions to prevent minors from receiving or accessing
inappropriate content. WildBlue reserves the right to remove, block, or refuse
to post or store any information or materials, in whole or in part, that it, in
its sole discretion, deem to be offensive, indecent, or otherwise inappropriate
regardless of whether this material or its dissemination is unlawful. This
includes, but is not limited to: obscene material; defamatory, fraudulent or
deceptive statements; threatening, intimidating or harassing statements, or
material that violates the privacy rights or property rights of others
(copyrights or trademarks, for example). For purposes of this Policy, "material"
refers to all forms of communications including narrative descriptions, graphics
(including photographs, illustrations, images, drawings, logos), executable
programs and scripts, video recordings, and audio recordings. WildBlue may
remove or block content contained on your Personal Web Features and terminate
your Personal Web Features and/or your use of the Service if we determine that
you have violated the terms of this Policy.
Network, Bandwidth, Data Storage and Other Limitations
You must comply with all current bandwidth, data storage, and other limitations
on the Service established by WildBlue and its suppliers. In addition, you may
only access and use the Service with a dynamic Internet Protocol ("IP") address
that adheres to the dynamic host configuration protocol ("DHCP"). You may not
access or use the Service with a static IP address or using any protocol other
than DHCP unless you are subject to a Service plan that expressly permits
otherwise.
You must ensure that your activity (including, but not
limited to, use made by you or others of any Personal Web Features) does not
improperly restrict, inhibit, or degrade any other user's use of the Service,
nor represent (in the sole judgment of WildBlue) an unusually large burden on
the network. In addition, you must ensure that your activities do not improperly
restrict, inhibit, disrupt, degrade or impede WildBlue's ability to deliver the
Service and monitor the Service, backbone, network nodes, and/or other network
Services.
Copyright Infringement
WildBlue is committed to complying with U.S. copyright and related laws, and
requires all customers and users of the Service to comply with these laws.
Accordingly, you may not store any material or content on, or disseminate any
material or content over, the Service (or any part of the Service) in any manner
that constitutes an infringement of third party intellectual property rights,
including rights granted by U.S. copyright law. Owners of copyrighted works who
believe that their rights under U.S. copyright law have been infringed may take
advantage of certain provisions of the Digital Millennium Copyright Act of 1998
(the "DMCA") to report alleged infringements. It is WildBlue's policy in
accordance with the DMCA and other applicable laws to reserve the right to
terminate the Service provided to any customer or user who is either found to
infringe third party copyright or other intellectual property rights, including
repeat infringers, or who WildBlue believes in its sole discretion is infringing
these rights. WildBlue may terminate the Service at any time with or without
notice for any affected customer or user.
Copyright owners may report alleged infringements of their works
that are stored on the Service or the Personal Web Features by sending
WildBlue's authorized agent a notification of claimed infringement that
satisfies the requirements of the DMCA. Upon WildBlue's receipt of a
satisfactory notice of claimed infringement for these works, WildBlue will
respond expeditiously to either directly or indirectly (i) remove the allegedly
infringing work(s) stored on the Service or the Personal Web Features or (ii)
disable access to the work(s). WildBlue will also notify the affected customer
or user of the Service of the removal or disabling of access to the work(s). If
the affected customer or user believes in good faith that the allegedly
infringing works have been removed or blocked by mistake or misidentification,
then that person may send a counter notification to WildBlue. Upon WildBlue's
receipt of a counter notification that satisfies the requirements of DMCA,
WildBlue will provide a copy of the counter notification to the person who sent
the original notification of claimed infringement and will follow the DMCA's
procedures with respect to a received counter notification. In all events, you
expressly agree that WildBlue will not be a party to any disputes or lawsuits
regarding alleged copyright infringement.
Copyright owners may send WildBlue a notification of claimed
infringement to report alleged infringements of their works to:
Lisa Scalpone
WildBlue Communications
5970 Greenwood Plaza Blvd., Suite 300
Greenwood Village, CO 80111 U.S.A.
Fax: (720) 294-0456
E-mail:
legal@wildbluecorp.com
Notification of Claimed Infringement This form is an Adobe Acrobat PDF document. You can download
a
Free Acrobat Reader.
Copyright owners may view and print a notification of claimed
infringement form (see above) format. Complete the form and return it to
WildBlue. WildBlue doesn't require that you use this form, and copyright owners
may use their own notification of claimed infringement form that satisfies the
requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA
anyone who knowingly makes misrepresentations regarding alleged copyright
infringement may be liable to WildBlue, the alleged infringer, and the affected
copyright owner for any damages incurred in connection with the removal,
blocking, or replacement of allegedly infringing material.
If a notification of claimed infringement has been filed against
you, you can file a counter notification with WildBlue's designated agent using
the contact information shown above. All counter notifications must satisfy the
requirements of Section 512(c)(3) of the U.S. Copyright Act.
WildBlue does not routinely monitor the activity of Service
accounts for violation of this AUP. However, in our efforts to promote good
citizenship within the Internet community, we will respond appropriately if we
become aware of inapprlegal@wildbluecorp.com
WildBlue prefers to advise customers of inappropriate behavior and
any necessary corrective action. However, if the Service is used in a way that
WildBlue or its suppliers, in their sole discretion, believe violate this AUP,
WildBlue or its suppliers may take any responsive actions they deem appropriate.
These actions include, but are not limited to, temporary or permanent removal of
content, cancellation of newsgroup posts, filtering of Internet transmissions,
and the immediate suspension or termination of all or any portion of the
Service. Neither WildBlue nor its affiliates, suppliers, or agents will have any
liability for any these responsive actions. These actions are not WildBlue's
exclusive remedies and WildBlue may take any other legal or technical action it
deems appropriate.
WildBlue reserves the right to investigate suspected violations of
this AUP, including the gathering of information from the user or users involved
and the complaining party, if any, and examination of material on WildBlue's
servers and network. During an investigation, WildBlue may suspend the account
or accounts involved and/or remove or block material that potentially violates
this Policy. You expressly authorize WildBlue and its suppliers to cooperate
with (i) law enforcement authorities in the investigation of suspected legal
violations, and (ii) and system administrators at other Internet service
providers or other network or computing facilities in order to enforce this
Policy. This cooperation may include WildBlue providing available personally
identifiable information about you to law enforcement or system administrators,
including, but not limited to, username, subscriber name, and other account
information. Upon termination of your account, WildBlue is authorized to delete
any files, programs, data and e-mail messages associated with your account.
The failure of WildBlue or its suppliers to enforce this AUP, for
whatever reason, shall not be construed as a waiver of any right to do so at any
time. You agree that if any portion of this Policy is held invalid or
unenforceable, that portion will be construed consistent with applicable law as
nearly as possible, and the remaining portions will remain in full force and
effect.
The provisions of this Policy are not meant to be exhaustive.
Generally, conduct that violates law, regulation, or the accepted norms and
ethics of the Internet community or the community at large, whether or not
expressly mentioned in this Policy, is prohibited. We reserve the right at all
times to prohibit activities that damage our commercial reputation and goodwill
or affect the quality of our services or our ability to provide services.
You shall comply with all applicable local, state, national and
international laws and regulations, including those related to data privacy,
international communications, and exportation or technical or personal data. You
represent that you are not a specifically designated individual or entity under
any US embargo or otherwise the subject, either directly or indirectly (by
affiliation, or any other connection with another party) to any order issued by
any agency of the US Government limiting, barring, revoking or denying, in whole
or in part your US export privileges. You agree to notify WildBlue if you become
subject to any such order.
You agree to indemnify, defend and hold harmless WildBlue and its
affiliates, suppliers, and agents against all claims and expenses (including
reasonable attorney fees) resulting from you engaging in any of the prohibited
activities listed in this AUP or resulting from your violation of the AUP or of
any other posted WildBlue policy related to the Service. Your indemnification
will survive any termination of the Subscriber Agreement.
WARRANTIES AND LIMITATION OF
LIABILITY.
YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN
"AS IS" OR "AS AVAILABLE" BASIS, WITH ALL FAULTS. EXCEPT AS OTHERWISE
SPECIFICALLY SET FORTH IN THIS AGREEMENT AND AS OTHERWISE SPECIFICALLY SET FORTH
IN ANY MANUFACTURER WARRANTY FOR ANY EQUIPMENT PROVIDED BY WILDBLUE (BUT ONLY IF
SUCH WARRANTY IS INCLUDED WITH SUCH EQUIPMENT), WILDBLUE (AND ITS OFFICERS,
EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES), ITS THIRD PARTY LICENSORS,
PROVIDERS AND SUPPLIERS, INCLUDING GLOBAL SERVICE PROVIDERS (GSPS), DISCLAIM ANY
AND ALL WARRANTIES FOR THE SERVICE, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE, ACCURACY, NON-INFRINGEMENT, NON-INTERFERENCE, TITLE,
COMPATIBILITY OF COMPUTER SYSTEMS, INTEGRATION, AND THOSE ARISING FROM COURSE OF
DEALING, COURSE OF TRADE, OR ARISING UNDER STATUTE. NO ADVICE OR INFORMATION
GIVEN BY WILDBLUE OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. USE OF
WILDBLUE TECHNICAL SUPPORT IS AT YOUR OWN RISK AND IS NOT WARRANTED.
WILDBLUE DOES NOT WARRANT OR GUARANTEE THAT SERVICE CAN BE
PROVISIONED TO YOUR LOCATION OR THAT PROVISIONING WILL OCCUR ACCORDING TO A
SPECIFIED SCHEDULE, EVEN IF WILDBLUE HAS ACCEPTED YOUR ORDER FOR SERVICE. THE
PROVISIONING OF SERVICE IS SUBJECT TO SATELLITE AVAILABILITY AND OTHER FACTORS,
INCLUDING YOUR COMPUTER/DEVICE CONFIGURATION AND CAPABILITIES, AMONG OTHER
FACTORS.
WILDBLUE DOES NOT WARRANT THAT THE SERVICE OR EQUIPMENT PROVIDED
BY WILDBLUE WILL PERFORM AT A PARTICULAR SPEED, BANDWIDTH OR DATA THROUGHPUT
RATE, OR WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES, WORMS,
OR THE LIKE. WILDBLUE SHALL NOT BE LIABLE FOR LOSS OF YOUR DATA, OR IF CHANGES
IN OPERATION, PROCEDURES, OR SERVICES REQUIRE MODIFICATION OR ALTERATION OF YOUR
EQUIPMENT, RENDER THE SAME OBSOLETE OR OTHERWISE AFFECT ITS PERFORMANCE.
WILDBLUE MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED USING THE SERVICE
OR THE INTERNET. WILDBLUE MAKES NO WARRANTY REGARDING THE CONTENT AND
INFORMATION ACCESSED BY USING THE SERVICE OR ANY LINKS DISPLAYED. YOU EXPRESSLY
ASSUME ALL RISK AND RESPONSIBILITY FOR USE OF THE SERVICE AND THE INTERNET
GENERALLY. DO NOT USE THE SERVICE IN ANY HIGH RISK ACTIVITIES WHERE DAMAGE OR
INJURY TO PERSON, PROPERTY, ENVIRONMENT, OR BUSINESS MAY RESULT IF AN ERROR
OCCURS.
IN NO EVENT SHALL WILDBLUE (OR ITS OFFICERS, EMPLOYEES, PARENT,
SUBSIDIARIES, OR AFFILIATES), ITS THIRD PARTY LICENSORS, PROVIDERS OR SUPPLIERS
BE LIABLE FOR: (A) ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL
DAMAGES, INCLUDING WITHOUT LIMITATION, LOST PROFITS OR LOSS OF REVENUE OR DAMAGE
TO DATA ARISING OUT OF THE USE, PARTIAL USE OR INABILITY TO USE THE SERVICE,
REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, INCLUDING
WITHOUT LIMITATION, THOSE ARISING UNDER CONTRACT, TORT, NEGLIGENCE OR STRICT
LIABILITY, EVEN IF WILDBLUE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR
DAMAGES, OR (B) ANY CLAIMS AGAINST YOU BY ANY OTHER PARTY.
ALL LIMITATIONS AND DISCLAIMERS STATED IN THIS PARAGRAPH ALSO
APPLY TO WILDBLUE’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS, AS THIRD
PARTY BENEFICIARIES OF THIS AGREEMENT.
ANY RIGHTS OR LIMITS STATED HEREIN ARE THE MAXIMUM FOR WHICH
WILDBLUE (AND ITS OFFICERS, EMPLOYEES, PARENT, SUBSIDIARIES, AND AFFILIATES),
WILDBLUE’S THIRD PARTY LICENSORS, PROVIDERS AND SUPPLIERS ARE COLLECTIVELY
RESPONSIBLE.
THE REMEDIES EXPRESSLY SET FORTH IN THIS AGREEMENT ARE YOUR SOLE
AND EXCLUSIVE REMEDIES. YOU MAY HAVE ADDITIONAL RIGHTS UNDER CERTAIN LAWS (SUCH
AS CONSUMER LAWS), WHICH DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY, OUR
EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.
WILDBLUE RESERVES THE RIGHT TO PURSUE ANY AND ALL LEGAL AND
EQUITABLE CLAIMS AGAINST YOU PERTAINING TO YOUR USE OR MISUSE OF THE SERVICE OR
FOR YOUR BREACH OF THE AGREEMENT (INCLUDING ANY POLICIES RELATING TO THE
SERVICE.)
Internet Provisions
WildBlue does not endorse or in any way vouch for the
accuracy, completeness, truthfulness or reliability of any service, opinion,
advice, communication, information or other content on or made available through
the Service. None of such content should be construed or understood to
constitute or reflect the views or approval of WildBlue Communications, Inc. or
any of its subsidiaries or affiliates. We do not recommend that such content be
relied on for reaching important decisions or conclusions without appropriate
verification and, as appropriate, professional advice.
You acknowledge that Internet sites, and use of the Internet,
might consist of, include and/or provide access to images, sound, messages,
text, services or other content and material that may be unsuitable for minors
and that may be objectionable to many adults. You acknowledge that WildBlue is
not responsible for any such content or material and agree that access to same
through use of the Service is at your sole risk. The reliability, availability,
legality, performance and other aspects of resources accessed through the
Internet are beyond WildBlue’s reasonable control and are not in any way
warranted or supported by WildBlue or its third party contractors. You
acknowledge that safeguards relative to copyright, ownership, appropriateness,
reliability, legality and integrity of content may be entirely lacking with
respect to the Internet and content accessible through it. You confirm that you
assume all risk and liability of any use of the Internet through your account.
Access and Upgrades
Finally, please note that WildBlue may automatically check
the version of the Customer Equipment and WildBlue software you are running and
may provide upgrades to the system that will be automatically downloaded to your
Customer Equipment. In addition, WildBlue may check the health and status of
your system to ensure that the configuration of your computer is optimized for
use with the Service. You hereby authorize all such access and upgrades.
Last Updated: 03/03/05