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Terms and Conditions

LightWay USA agrees to provide you ("User") with Satellite delivered Broadband Internet delivery service and, optionally, with dial up Internet connection and ISP services subject to User's compliance with the terms and conditions contained in this document.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS OR USE THE SERVICE.

Warranty Disclaimer (Back to Order Form)

THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED. LightWay USA exercises no control whatsoever over the content of the information passing through LightWay USA's system. Use of any information obtained via LightWay USA is at User's risk. Neither LightWay USA nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does LightWay USA make any warranty as to the results from use of the Service.

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY LightWay USA, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER LightWay USA NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION, SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of Liability (Back to Order Form)

UNDER NO CIRCUMSTANCES SHALL LightWay USA, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT LightWay USA IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, LightWay USA'S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.  IT IS THE USERS RESPONSIBILITY AT ALL TIMES TO MAKE SURE THE NUMBER BEING DIALED IS A LOCAL NUMBER. THE USER IS RESPONSIBLE FOR ALL LONG DISTANCE CHARGES TO THE ACCOUNT.

If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of LightWay USA in operating the Service, User's sole and exclusive remedy is to discontinue using the Service.

Indemnification (Back to Order Form)

Notwithstanding anything to the contrary herein contained, User agrees to indemnify and hold LightWay USA, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney's fees and cost of litigation) incurred or suffered by LightWay USA, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User's account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify LightWay USA in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and LightWay USA shall confer as to and agree on the legal counsel(s) to be selected in any such defense.

LightWay USA shall indemnify, defend and hold harmless USER from any and all damages, liabilities, costs and expenses (including reasonable attorney's fees) incurred by USER as a result of any claims that the Service, when used within the scope of this Agreement, infringes any copyright, trademark or trade secret of any third party, provided that USER promptly notifies LightWay USA in writing of any such claim and promptly tenders the control of the defense and settlement of any such claim to LightWay USA, at LightWay USA's expense and with LightWay USA's choice of counsel.

Age Limit (Back to Order Form)

User represents to LightWay USA that all of it's employees are 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials (Back to Order Form)

User understands that the Internet contains unedited materials some of which are sexually explicit and/or may be offensive. User accesses such materials at his or her own risk. LightWay USA has no control over and accepts no responsibility whatsoever for such materials.

Service Limitations (Back to Order Form)

LightWay USA’s desire is to assure that each end-user subscriber has an “as advertised” surfing experience. In order to insure that the service is available to all subscribers on an equal basis, certain “Reasonable Use” controls are placed on the service.  These are described below for both the satellite service and optional dial up service portions on LightWay USA’s service provision.

Terms of Payment (Back to Order Form)

Payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by LightWay USA in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received within ten (10) days of the due date, service will be terminated and a reconnect fee of $25.00 will be added to charges for Service.LightWay USA maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month, or as permitted by the law, on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event LightWay USA utilizes an outside collection agency or attorney to collect any unpaid amounts, User shall be responsible for the payment of all of LightWay USA's attorneys' fees and costs in the collection of these sums.

No Confidentiality (Back to Order Form)

Information transmitted through LightWay USA and through the Internet in general is not confidential. LightWay USA cannot and shall not guarantee privacy or protection of any User. LightWay USA reserves the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of LightWay USA.

Non-transferable (Back to Order Form)

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. Violation of those terms shall constitute theft of Service and may be prosecuted under civil and criminal law.

Purchases on the Service (Back to Order Form)

If User wishes to make purchases on the Service, the merchant or information or service provider from whom User is making the purchase may ask User to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User's account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes relating to purchases on the Service.

No System Backup (Back to Order Form)

LightWay USA does not and will not perform system backups on any User's E-mail account(s). LightWay USA shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, LightWay USA will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Miscellaneous (Back to Order Form)

User agrees to notify LightWay USA if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to LightWay USA.

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

LightWay USA's failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.
LightWay USA may modify this Agreement from time to time by placing a notice of such modification at http://www.LightWay USA, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

LightWay USA shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of LightWay USA.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming LightWay USA as the defendant, shall be proper only in a venue determined by LightWay USA.

In any action between LightWay USA and User to enforce any of the terms of this Agreement, LightWay USA shall be entitled to recover expenses, including reasonable attorney's fees.

Introductory rate plan (Back to Order Form)

In consideration for receiving the introductory price of $29.95 per month for the first three months, the user agrees to be responsible for the minimum service fees of $89.85. An early termination fee of $89.85 will be assessed in the event that the agreement is terminated.