Customer Agreement
Fair Access Policy
Privacy Policy
Customer Agreement
This
Agreement describes the terms and conditions between you and WildBlue
Communications, Inc. (“WildBlue,” “Us” or “We”) applicable to WildBlue’s
Service. Please read this Agreement carefully since it contains important
contract rights and obligations between you and WildBlue, as well as
important limitations on those rights. If you would like to contact us, you
may call (866)
945-3272 or write
to:
WildBlue
Communications
P.O. Box
4427
Englewood, CO 80155
Attention: Customer Care
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1.
The Service.
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1.1
Description.
The Service consists of a satellite-based Internet access service as
further described in this Agreement (the “Service”).
Service is in available locations in the contiguous U.S. with an
unobstructed view of the southern sky and its usage is subject to
WildBlue’s Fair Access and Acceptable Use Policies. In order to receive
the Service, you must purchase the equipment designated by WildBlue (“WildBlue
Equipment”) from WildBlue or an authorized distributor of WildBlue. Only
a WildBlue-authorized installer may install the WildBlue Equipment in
your residence.
2.
Minimum System Requirements.
Your computer must meet certain minimum requirements to receive the Service
as set forth on our website,
www.wildblue.com/legal/subscriber
policies/index.jsp.
It is your responsibility, at your expense, to obtain, maintain, and operate
suitable and fully compatible computer equipment required to access the
Service. You are also responsible for all telephone charges incurred in
connection with using the Service, if you access the Internet using our
dial-up Internet access service.
3.
Service Commitment.
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3.1
Minimum Service Commitment.
All WildBlue service plans require a 12-month minimum service term
(“Minimum Service Term”). If you terminate service prior to the
expiration of the Minimum Service Term, you will owe (and your credit
card, debit card, or bank account may be charged) the Termination Fee as
described below. You may not downgrade your service plan to a lower
service package until 30 days after activation of your WildBlue Service.
3.2
Term and Renewal.
The term of this Agreement commences on the date your Service is activated
and continues for the duration of the Minimum Service Term unless terminated
earlier by you or WildBlue in accordance with this Agreement. After the
Minimum Service Term expires, the term of this Agreement will automatically
renew on a month-to-month basis until terminated by you or WildBlue in
accordance with this Agreement.
3.3
Termination Fees.
If you cancel your order before installation, you will not be charged. If
you cancel the Service after installation but before completion of the
Minimum Service Term, you will be charged a Termination Fee equal to the
number of months left in your Minimum Service Term multiplied by your base
monthly fee. You are not required to return, and WildBlue is not obligated
to de-install, the WildBlue Equipment.
4.
Who May Use The Service? - Responsibility And Supervision.
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4.1
Age and Account Set-Up.
You represent that the Service will be installed and used solely in your
residence and not in any commercial, retail or other business location
(other than a home office in your residence). You represent that you are
at least 18 years of age. You agree that you are responsible for
obtaining installation services for the WildBlue Equipment from a
WildBlue-authorized installer and for verifying and maintaining the
account, options, settings and other parameters under which the Service
is used, including (without limitation) all related passwords and user
identification information.
4.2
Multiple Use of Account.
Up to three computers in your residence and up to six family members who
permanently reside in your household may receive WildBlue Services under a
single billing account. Your “household” is limited to the single address
where you reside and where the Service is initially installed. It does not
include adjacent apartments, residences, offices or any type of space not
physically associated with your address. Any use of the Services other than
as specified above constitutes an unlawful and unauthorized use of the
Service and a material breach of this Agreement, regardless of whether you
receive any compensation for such use, and may result in the immediate
termination of the Services and the imposition of the Termination Fee,
without prejudice to any rights and remedies available to WildBlue under
this Agreement, at law and at equity.
4.3
Installation of Equipment.
You
represent that there are no legal, contractual or similar restrictions on
the installation of the WildBlue Equipment in location(s) you have
authorized.
It is
your responsibility to ensure compliance with all applicable building codes,
zoning ordinances, homeowners’ association rules, covenants, conditions, and
restrictions related to services provided under this Agreement, to pay any
fees or other charges, and obtain any permits or authorizations necessary
for services provided under this agreement (collectively "Legal
Requirements"). You are solely responsible for any fines or similar charges
for service in violation of any applicable Legal Requirements.
You
acknowledge and agree that WildBlue or our designated service provider will
be required to access your premises or system and to install and maintain
the WildBlue Equipment, including the antenna and its components, necessary
for you to receive the Service inside and outside your home. This will
include attaching a satellite modem to your computer, installing software on
your computer and configuring your computer for optimized performance of the
Service. By signing this Agreement, scheduling a service or installation
visit, and permitting us or our service provider to enter your home, you are
authorizing WildBlue or our service provider to perform all of the above
actions. NEITHER WILDBLUE NOR OUR SERVICE PROVIDER SHALL HAVE ANY LIABILITY
WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR OR OTHER
SERVICES, INCLUDING WITHOUT LIMITATION, DAMAGE TO YOUR PREMISES, LOSS OF
SOFTWARE, DATA OR OTHER INFORMATION FROM YOUR COMPUTER. You are responsible
for backing up the data on your computer and we highly recommend that you do
so prior to permitting access to us or one of our designated service
providers. This limitation does not apply to any damages arising from the
gross negligence or willful misconduct of any installation or maintenance
service provider. Timeframes for installation, if any, are not guaranteed
and may vary depending on the types of services requested and other factors.
4.4
Subscriber Responsibility.
You
agree that you are responsible for all access to and use of the Service
through your account or password(s) and for any fees incurred for Service,
or for software or other merchandise purchased through the Service, or any
other expenses incurred in accordance with the terms of this Agreement. You
acknowledge that you are aware that areas accessible on or through the
Service may contain material that is unsuitable for minors (persons under 18
years of age). You agree to supervise usage of the Service by minors who use
the Service through your account. You ratify and confirm any obligations a
minor using your account incurs or assumes and any promises or permissions
such minor makes or gives. You acknowledge that an owner’s manual or similar
material was provided to you at the time of installation of your WildBlue
Equipment and that you have read and understand the manual and all product
warnings contained in the manual.
5.
Fees and Payment.
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5.1
Fees, Taxes and Other Charges.
(a)
Commencement And Duration Of Monthly Fees.
You acknowledge that (subject to any exceptions granted by us) a monthly fee
payable in advance will apply for each and every month (or portion of a
month) that you are a subscriber, beginning with the date your Service is
activated. Your account will continue until you cancel the account in
accordance with the method or methods specified by us (unless otherwise
terminated in accordance with this Agreement). As stated above, you may
cancel your account at any time, subject to payment of the Termination Fees,
if applicable. The monthly subscription fee shall cease to apply for any
months after the billing month in which you cancel or terminate your account
in accordance with these terms and conditions.
(b)
Billing and Charges.
You agree to pay, in accordance with the provisions of the billing option
you selected, any registration, activation or monthly fees, ISP service
charges, minimum charges and other amounts charged to or incurred by you, or
by users of your account, at the rates in effect at the start of the billing
period in which those amounts are charged or incurred. You agree to pay all
applicable taxes related to your use of the Service, provision of services,
software or hardware or the use of the Service by users of your account.
Information on charges and surcharges (if any) that are to be paid to us and
are incurred by you or by users of your account will be made available to
you on the WildBlue website, and you agree that this is sufficient notice
for all purposes as to charges incurred and paid or to be paid to us. You
understand and agree that you will not receive a paper statement in the mail
for your Service. Additional terms relating to pricing, billing and payment
which are an integral part of this Agreement are set forth and available on
the WildBlue website,
www.wildblue.net/forYourHome/index.jsp
,
and are incorporated into this Agreement. WildBlue reserves the right to
correct and charge under-billed amounts for a period of 90 days after the
incorrect statement was issued. Payment of the outstanding balance is due in
full each month.
(c)
Late Payment.
If your payment is not received by us before the next statement is issued,
you may be charged a late fee on the delinquent balance at the lesser of
1.5% per month or the maximum rate permitted by applicable law. If we do not
receive payment from you before your next statement is issued, we have the
right to suspend your Service or terminate this Agreement without notice.
Termination of the Agreement by us due to your default or nonpayment will
result in a Termination Fee owed by you.
5.2
Payment Authorization.
Except where additional methods of payment are specifically required or
permitted under applicable law or regulation or as otherwise agreed to by
WildBlue from time to time, you agree that WildBlue can charge your credit
card or debit card (“Card Payment”), or initiate an electronic funds
transfer out of your bank account (“EFT Payment”) for payment of all Service
fees, the Termination Fee or any other amounts payable under this Agreement.
Additionally, you agree that WildBlue will bill your monthly Service fee in
advance, and such Service fee will automatically be collected through either
a Card Payment or EFT Payment. With respect to such charges the following
authorization applies: You authorize automatic Card Payments or EFT Payments
by WildBlue. You agree that the charges described above will be billed to
the credit or debit card provided by you when you applied for the Service
until such time as you may authorize recurring EFT Payments. You must
provide current, complete, and accurate information for your billing
account, and promptly update any changes (such as a change in billing
address, credit card number, credit card expiration date, bank account
number). Changes to such information can be made at
help.wildblue.net.
If you fail to provide us with any of the foregoing information, you agree
that WildBlue may continue charging you for any service provided under your
account.
If we
are unable to process your credit or debit card at any time, your account
may be immediately suspended or terminated and you will remain responsible
for all amounts payable by you to us. Your card issuer agreement governs use
of your credit or debit card payment in connection with this Service and you
must refer to that agreement with respect to your rights and liabilities as
a cardholder. If we do not receive payment from your credit or debit card
issuer or its agent, you agree to pay us all amounts due upon demand by us.
You
agree that WildBlue will not be responsible for any expenses that you may
incur resulting from overdrawing your bank account or exceeding your credit
limit as a result of an automatic charge made under this Agreement. Credit
card payment is not required for residents of States where payment by credit
cards may not be made mandatory.
5.3
Disputes and Partial Payments.
If you think a charge is incorrect or you need more information on any
charges applied to your account, you should contact our billing department.
You must contact us within 45 days of receiving the statement on which the
error or problem appeared. WildBlue will make available to you a statement
for each billing cycle showing payments, credit purchases and other charges.
WildBlue will not pay you interest on any overcharged amounts later refunded
or credited to you. We may, but are not required to, accept partial payments
from you. If partial payments are made, they will be applied to amounts owed
by you starting with the oldest outstanding statement. If you send us checks
or money orders marked "payment in full" or otherwise labeled with a similar
restrictive endorsement, we can, but are not required to, accept them,
without losing any of our rights to collect all amounts owed by you under
this Agreement. If we choose to use any collection agency or attorney to
collect money that you owe us or to assert any other right that we may have
against you, you agree to pay the reasonable costs of collection or other
action including, but not limited to, the costs of a collection agency,
reasonable attorney's fees, and court costs.
5.4
Reactivation.
If your Service is suspended or terminated, including your failure to submit
payment on time or for any other reason, in addition to payment of past due
amounts, we may require a deposit before reactivating your Service. The
amount of the deposit will not exceed one year of monthly fees. Amounts
deposited by you will appear on your statement as a credit, and service
charges and other fees will be invoiced as described above. If you fail to
pay any amount on a subsequent bill, the unpaid amount will be deducted each
billing cycle from the credit amount. Credit amounts shall not earn or
accrue interest. If your Service is suspended or terminated for any reason,
including at your request or because of your failure to pay past due
amounts, and you want to reactivate the Service, you agree to pay a
reactivation fee in accordance with our then current rates. In addition you
must bring your account up to date through the month of reactivation by
making payment in full of any outstanding balance, fees and other applicable
charges.
5.5
Credit Inquiries and Reporting.
You authorize us to make inquiries and to receive information about your
credit experience from others, including credit reporting agencies, enter
this information in your file and disclose this information concerning you
to appropriate third parties for reasonable business purposes.
In the
case of late payment or non-payment for any of the Services ordered by you
or any other charges, you understand and agree that we may report such late
payment or non-payment to the appropriate credit reporting agencies.
6.
Modifications, Rights of Cancellation or Suspension.
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6.1
Modification of this Agreement.
Upon notice published over the Service, we may at any time (and from
time to time) modify this Agreement, including, without limitation, our
pricing and billing terms. We may, but are not required to, notify you
by e-mail, online via one or more of the websites within the Service or
other electronic notice. If you do not agree to such changes or
additions, then you must terminate this Agreement in accordance with
Section 6.3 and stop using the Service prior to the effective date of
such modifications. Your continued use of the Service after the
effective date of such modifications constitutes your acceptance of such
modifications. If a change results in an increase of the monthly fee by
more than 25%, however, you may terminate your Service, without
incurring any Termination Fee, by calling us within 30 days after the
first statement reflecting such changes is issued.
6.2
Modification of the Service.
We may
discontinue, add to or revise any or all aspects of the Service in our sole
discretion and without notice, including access to support services,
publications and any other products or services ancillary to the Service. In
particular, we reserve the right at our sole discretion to modify,
supplement, delete, discontinue or remove any software, file, publications,
information, communication or other content provided to you by WildBlue or
its vendors in connection with the Service. If we undertake any of these
changes, we may, but are not required to, notify you by e-mail, online via
one of more of the websites within the Service or other electronic notice.
If you do not agree to such changes, then you must cancel your subscription
and stop using the Service prior to the effective date of such changes. Your
use of the Service after the effective date of such changes or additions
constitutes your acceptance of such changes. In addition, we may take any
action consistent with our Acceptable Use and Fair Access Policies,
including actions to (a) prevent bulk e-mailing from entering or leaving any
e-mail account or the network e-mail system, (b) delete e-mail messages if
your e-mail account has not been accessed by you within a time established
by us from time to time, in our sole discretion, (c) instruct our system not
to process e-mail or instant messages due to space limitations, (d) make
available to third parties information relating to WildBlue or its
subscribers, subject to our Subscriber Privacy Policy, (e) withdraw, change,
suspend or discontinue any functionality or feature of the Service, (f)
delete attachments to e-mail due to potentially harmful materials included
within such attachment, and (g) limit access to the Service to prevent
abusive consumption and ensure fair access for all subscribers.
6.3
Termination by Subscriber.
Subject to your payment of the Termination Fee and the fee for Services for
the full billing cycle in which termination occurred, you may immediately
terminate this Agreement and discontinue the Service at any time upon
written or telephone notice to us. You must terminate this Agreement in
accordance with its terms; failure to do so may delay or prevent us from
knowing that a termination was intended. You will continue to be liable
under this Agreement for all fees and charges until such time as the
Agreement has been properly terminated or we have acknowledged such
termination in writing or by e-mail.
6.4
Termination or Suspension by WildBlue.
We may immediately terminate your Service and this Agreement if you or a
user of your account breaches this Agreement. We reserve the right in our
sole discretion to terminate your account and this Agreement at any time or
to suspend (with or without notice) or terminate access to or use of the
Service, in whole or in part.
6.5
Post-Termination or Suspension Obligations.
Notwithstanding any cancellation or termination of this Agreement or any of
your accounts, nor any suspension or termination of access to or use of the
Service, you will remain responsible for all payment and other obligations
under this Agreement, including the obligation to pay all charges that may
be due as a result of or in connection with such cancellation, termination
or suspension. Your payment and other obligations under this Agreement are
not suspended or affected by a suspension of access to or use of the
Service, in whole or in part, due to a violation (actual, threatened, or
alleged) of this Agreement or of any law or legal obligation by you or any
user of your account.
7.
Permitted Use And Restrictions On Use.
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7.1
Software License.
Subject to the terms of this Agreement, WildBlue grants to you a
personal, non-exclusive, non-assignable and nontransferable license to
use and display the software provided by or on behalf of WildBlue
(including any updates) only for the purpose of accessing the Service
("Software") on any machine(s) on which you are the primary user or
which you authorize to use. Unauthorized copying of the Software,
including software that has been modified, merged or included with the
Software, or the written materials associated therewith is expressly
forbidden. You may not sublicense, assign, or transfer this license or
the Software except as permitted in writing by WildBlue. Any attempt to
sublicense, assign or transfer any of the rights, duties or obligations
under this license is void and may result in termination by WildBlue of
this Agreement and the license. You agree that you shall not copy or
duplicate or permit anyone else to copy or duplicate, any part of the
Software, or create or attempt to create, or permit others to create or
attempt to create, by reverse engineering or otherwise, the source
programs or any part thereof from the object programs or from other
information made available under this Agreement.
7.2
Restrictions On Use Of The Service.
WildBlue reserves the right to terminate immediately the Service and this
Agreement if you knowingly or otherwise engage in any prohibited activity or
if you use the WildBlue Equipment or Service in a way which is contrary to
any WildBlue policy or any policy of a WildBlue supplier. You must strictly
adhere to any policy set forth by another service provider accessed through
the Service. You agree to comply with
WildBlue’s Acceptable Use and Fair Access Policies located at
www.wildblue.com/legal/subscriber
policies/index.jsp, both of which are incorporated into and made a part of
this Agreement.
You do
not own, nor have any rights other than those expressly granted to you, to a
particular IP address, even if you have ordered a static IP address.
7.3 Fair
Access Policy.
If your usage exceeds the limits set forth in the Fair Access Policy, we may
reduce the bandwidth available to you on a temporary basis. Continued
violation of the Fair Access Policy is a breach of this Agreement by you and
will result in the termination of this Agreement. WildBlue Internet access
is not guaranteed. The terms of this policy apply to all service plans,
including Value, Select and Pro and any other service plan that WildBlue
offers from time to time. For specific Fair Access Policy limitations please
see the description of the service plan you are receiving.
7.4
Prohibition on Resale.
Reselling
the Service or otherwise making the Service available to anyone outside your
residence (e.g. via wi-fi, or any other method), in whole or in part,
directly or indirectly, or on a bundled or unbundled basis is prohibited.
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. In addition, other prohibited activities
include connecting multiple computers behind the satellite modem to set up a
LAN (Local Area Network) that in any manner would result in a violation of
the terms of the Acceptable Use Policy, Fair Access Policy or terms of any
other policy or plan, or running programs, equipment, or servers from your
residence that provide network content or any other services to anyone
outside of your premises. You may not connect the WildBlue Equipment to any
computer outside of your residence, nor more than three computers within
your residence.
7.5 No
Unauthorized Use of WildBlue Equipment or Software.
You are strictly prohibited from
servicing, altering, modifying, or tampering with the WildBlue Equipment,
Software or Service or permit any other person to do the same who is not
authorized by WildBlue. You may not copy, distribute, sublicense, decompile
or reverse engineer any of the Software.
7.6
Compliance with Laws.
You
agree to comply with all applicable laws, rules and regulations in
connection with the Service, your use of the Service and this Agreement.
7.7
Security.
You agree to take reasonable measures to protect the security of your
computer, including maintaining at your cost an up-to-date version of
anti-virus and/or firewall software to protect your computer from malicious
code,
programs or other internal components (such as a computer virus, computer
worm, computer time bomb or similar component).
You expressly agree that if your computer becomes infected and causes any of
the prohibited activities listed in the Acceptable Use Policy, WildBlue may
immediately suspend your Service until such time as your computer is
sufficiently protected to prevent further prohibited activities. You will be
fully liable for all monthly fees and other charges under this Agreement
during any period of suspension.
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.
7.8
Responsibility of Subscriber.
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.
You
agree to notify us immediately after you sell, give away or otherwise
transfer your WildBlue equipment to anyone else. You are considered the
registered recipient of the Services until we receive such notice, and you
will be liable for any charges or fees incurred by the use of your WildBlue
Equipment by anyone else up to the time that we receive your notice, unless
otherwise provided by applicable law. You may not assign or transfer your
Service without our written consent. If you do, we may inactivate your
Service. If your WildBlue Equipment is stolen or otherwise removed from your
premises without your authorization you must notify WildBlue Customer Care
Center immediately, or else you will be liable for payment for unauthorized
use of the WildBlue Service or WildBlue Equipment.
8. Use
And Control Of Information; Member Communication; Ads.
We may, without obligation, liability or notice, except to the extent
prohibited by applicable law, distribute, loan, sell or otherwise share with
other persons or entities user lists (subscriber account information that
does not identify you by name, address or similar personally-identifiable
information) as well as aggregate information. Aggregate information
includes information constituting or descriptive of demographic information,
habits, usage patterns, preferences, survey data or other descriptive or
related data which do not rely on providing to recipients the identity of
any particular user of the Service. This shall not be construed to limit our
use of other information not addressed in this Section. We will be free, in
our reasonable good faith discretion and without notice, to provide
subscriber and user information and records to (i) the courts, (ii) law
enforcement agencies, (iii) government agencies, or (iv) authorized persons
or entities involved in enforcing compliance with the law or prosecuting
claims or investigations for conduct or conditions alleged or believed to be
illegal or to violate or threaten the rights of any person or entity. In
addition, we may maintain and use internally such information and records.
Information generated by or in connection with our administration of the
Service shall be and remain our exclusive property. We may also from time to
time provide online, fax, telephone, e-mail, mail and other communications
to our Subscribers and users on matters pertaining to the Service, its
features, its sponsors or its use without compensation to them or
reimbursement of costs for doing so, but shall do so reasonably and in good
faith. You acknowledge that communications with us, our representatives and
our contractors may be monitored or reviewed for quality control and other
reasonable business purposes. You also acknowledge that advertising and
promotion may occur on the Service and also that neither you nor any user
shall have any claim with respect to any proceeds from such activities.
9.
WildBlue
Equipment.
The terms of sale applicable to the WildBlue Equipment are governed by your
purchase agreement or other documents evidencing such sale and, if
applicable, WildBlue’s limited warranty (available at
www.wildblue.com/legal/limitedwarranty.jsp
) and
service plan, if any. In addition, WildBlue Equipment contains software
and/or other intellectual property subject to a license agreement(s)
(“License Agreement”) provided with the WildBlue Equipment. Any breach of
the License Agreement constitutes a breach of this Agreement.
10.
Warranties and Limitations of Liability.
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10.1
DISCLAIMER OF WARRANTIES. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS
AT YOUR SOLE RISK. NEITHER WILDBLUE NOR ANY OF WILDBLUE’S WHOLESALERS,
DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES, SUPPLIERS, LICENSORS OR THIRD
PARTY CONTENT PROVIDERS (“WILDBLUE’S PARTNERS”) WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO WILDBLUE NOR ANY OF
WILDBLUE’S PARTNERS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED
FROM USE OF THE SERVICE, INCLUDING ANY MINIMUM UPLOAD OR DOWNLOAD
SPEEDS. THE SERVICE IS DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE"
BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR
COMPLETENESS OF INFORMATIONAL CONTENT, NON-INFRINGEMENT OR OTHERWISE,
EXCEPT THE FOREGOING SHALL NOT APPLY IN STATES WHERE IT IS PROHIBITED.
WILDBLUE EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE
SERVICE WILL BE ERROR FREE, SECURE OR UNINTERRUPTED OR OPERATE AT ANY
MINIMUM SPEED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY WILDBLUE
OR ANY OF WILDBLUE’S PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU
RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE WILDBLUE PROVIDES
SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON THE
INTERNET, WE CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE
INFORMATION YOU OBTAIN THROUGH THE SERVICE.
WE
SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR
DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM, OR
FROM ANY ATTEMPT TO REMOVE, ANY COMPUTER VIRUS OR OTHER HARMFUL FEATURE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSION MAY NOT APPLY TO YOU TO THE EXTENT SUCH EXCLUSION IS
NOT ALLOWED BY APPLICABLE LAW. THE LIMITED WARRANTY GIVES YOU SPECIFIC
LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY
JURISDICTION.
10.2
LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER
WILDBLUE NOR ANY OF WILDBLUE’S PARTNERS SHALL BE LIABLE FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT
OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE OR OUT OF ANY BREACH
OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE
FOREGOING, IF FOR ANY REASON, BY OPERATION OF LAW OR OTHERWISE, ANY PORTION
OF THE FOREGOING LIMITATION OF LIABILITY SHALL BE VOIDED, THEN IN SUCH EVENT
WILDBLUE’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY AND THE LIABILITY OF
WILDBLUE’S PARTNERS SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT
NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID TO WILDBLUE BY YOU FOR SERVICE
DURING AND FOR A PERIOD OF TIME COMMENCING UPON THE OCCURRENCE OF SUCH
ERROR, DEFECT OR FAILURE AND CEASING UPON THE DISCOVERY OF SUCH, IN WHOLE OR
IN PART; PROVIDED, HOWEVER, THAT IN NO EVENT SHALL SUCH PERIOD OF TIME
EXCEED THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE WHICH
SUCH ERROR, DEFECT OR FAILURE IS FIRST DISCOVERED IN WHOLE OR IN PART.
10.3
Applicability and Exceptions.
The foregoing exclusions or limitations of liability apply regardless of any
allegation or finding that a remedy failed of its essential purpose,
regardless of the form of action or theory of liability (including, without
limitation, negligence) and even if WildBlue or others were advised or aware
of the possibility or likelihood of such damages or liability. The foregoing
shall not apply in states where such exclusions are prohibited. In addition,
these exclusions and limitations do not apply to your purchase of your
WildBlue Equipment, which is governed by your purchase agreement or other
documents evidencing such sale and if applicable, WildBlue’s limited
warranty (available at
www.wildblue.com/legal/limitedwarranty.jsp
) and service plan, if
any.
10.4
Service Interruptions.
Service may be interrupted from time to time for a variety of reasons. We
are not responsible for any interruptions of Service that occur due to acts
of God (including weather), power failure or any other cause beyond our
reasonable control. However, because we value our subscribers, for an
interruption of a significant length of time that is within our reasonable
control, upon your request we may provide what we reasonably determine to be
a fair and equitable adjustment to your account to make up for the Service
interruption. THIS WILL BE YOUR SOLE REMEDY AND OUR SOLE DUTY IN SUCH CASES.
You acknowledge and agree that the Service is not intended to be, and should
not be used as, your primary or “life-line” telecommunications service.
10.5
Indemnity.
You agree to indemnify, defend and hold us harmless against all claims,
liability, damages, costs and expenses, including but not limited to
reasonable attorneys fees, arising out of or related to any and all use of
your account. This includes, without limitation, responsibility for all
consequences of your (or that of any user of your account) violation of this
Agreement or placement on or over, or retrieval from or through, the Service
of any software, file, information, communication or other content and all
costs incurred by us in enforcing this Agreement against you.
10.6
Third Party Beneficiaries.
The provisions of this Section 10 are for the benefit of us and our
respective contractors, information or content providers, service providers,
licensors, employees and agents; and each shall have the right to assert and
enforce such provisions directly on its own behalf. Other than as expressly
stated in this Agreement, this
Agreement shall not be deemed to create any rights in third parties.
11.
General
-
11.1
Limits on Transfers.
Unless otherwise agreed in writing, your right to use the Service, or to
designate other users of your account, is not transferable and is
subject to any limits established by ourselves, or by your credit card
company or other billing institution, as applicable.
11.2
Applicable Law.
This
Agreement is made in the State of Colorado. This Agreement and all of the
parties respective rights and duties, including, without limitation, claims
for violation of state consumer protection laws, unfair competition laws,
and any claims in tort shall be governed by and construed in accordance with
the laws of the State of Colorado, in the United States, excluding conflicts
of laws provisions.
Any such controversy or claim shall be settled exclusively by arbitration,
and administered by the American Arbitration Association under its
Commercial Arbitration Rules. Any such arbitration will be held in Denver,
Colorado or the location of the residence where the WildBlue Equipment was
installed. The arbitrator will be an expert in the field of Internet
services or other appropriate subject matter of the dispute. The
arbitrator’s award shall be final and binding and judgment on the award
rendered by the arbitrator may be entered in any court having jurisdiction.
There shall be no class action arbitration pursuant to this Agreement. Any
cause of action brought by you, or by users of your account, with respect to
the Service or this Agreement must be instituted within one year after the
claim or cause of action has arisen or be barred. The United Nations
Convention on Contracts for the International Sale of Goods does not apply
to this Agreement and it is acknowledged that this is a services contract
and not a contract for the sale of goods.
11.3
Notices, Disclosures and Other Communications.
Where notification by WildBlue is contemplated by or related to this
Agreement, notice may be made by any reasonable means, including, but not
limited to, e-mail or publication over the Service. A printed version of
this Agreement and of any notice given in electronic form shall be
admissible in judicial and administrative proceedings relating to or based
upon this Agreement to the same extent and subject to the same conditions as
other business documents and records originally generated and maintained in
printed form.
You
must promptly notify us on any change in your e-mail or postal address in
writing or electronically at
www.wildblue.net.
11.4
Construction and Delegation.
Neither the course of conduct between parties nor trade practice shall act
to modify the provisions of this Agreement. We may authorize or allow our
contractors and other third parties to provide to services necessary or
related to making the Service available and to perform obligations and
exercise our rights under this Agreement, and we may collect payment on
their behalf, if applicable. The provisions of any Sections of this
Agreement, which by their nature should continue, shall survive any
termination of this Agreement.
11.5
Miscellaneous.
If any
term of this Agreement is found by a court of competent jurisdiction to be
invalid, illegal or unenforceable, it shall be construed in such a way as to
eliminate the offending aspects while still giving as much effect as
possible to the intentions of such term. If this cannot be done and the
entire term is invalid, illegal or unenforceable and cannot be so repaired,
then the term shall be considered to be stricken from this Agreement as if
it had not been included from the beginning. In any such case, the balance
of this Agreement shall remain in effect in accordance with its remaining
terms notwithstanding such invalid, illegal or unenforceable term. We may
enforce or decline to enforce any or all of the terms of this Agreement in
our sole discretion. In no event shall we be required to explain, comment
on, suffer liability for or forfeit any right or discretion based on its
enforcement, non-enforcement or consistency of enforcement of these terms.
Captions used in this document are for convenience only and shall not be
considered a part of this Agreement or be used to construe its terms or
meaning.
11.6
Assignment Of Account.
We may sell, assign, pledge or transfer your account or an interest in your
account to a third party without notice to you. In the absence of a notice
of such sale or transfer, you must continue to make all required payments to
us in accordance with your statement.
11.7
Entire Agreement.
This Agreement, as well as the additional online documents specifically
incorporated as a part of this Agreement, constitute the entire and only
agreement with respect to its subject matter between you and ourselves,
applicable also to all users of your account. This Agreement supersedes all
representations, proposals, inducements, assurances, promises, agreements
and other communications with respect to its subject matter except as
expressly set forth in this document.
Fair
Access Policy
At WildBlue, our goal is to give each of our
customers the fastest service possible at the lowest possible price. We are
always striving to develop programs and policies that help make that
possible. Our Fair Access Policy is designed to impact the fewest customers
while helping ensure the best speeds for the vast majority of our customers.
WildBlue estimates that a small percent of customers account for a
disproportionate share of data usage on the WildBlue network. To ensure that all
WildBlue customers have equitable access to the WildBlue network, WildBlue has
implemented a Fair Access Policy (or “FAP”). WildBlue sets usage thresholds on
the amount of data you can upload and download within stated time periods. If
you exceed these thresholds, WildBlue will temporarily limit the speed at which
you can send and receive data over the WildBlue access network. You will still
be able to use the WildBlue Internet access service but your speed will be
slower. In cases of extreme and continued violation of the FAP limitations, your
service may be suspended. WildBlue may use other traffic management and
prioritization tools to help ensure equitable access to the WildBlue network for
all customers. Your WildBlue Internet access is not guaranteed and is subject to
this FAP.
Based on an analysis of typical customers, we have set a rolling 30-day limit
on data usage per customer, called a Usage Threshold. As shown in the table
below, this threshold varies based on the service plan you selected. For each
service plan, the Usage Thresholds are significantly above the amount of data
that is used by a typical customer. Every day, we measure your upload and
download data usage (“Actual Usage”) to determine if your total Actual Usage, as
aggregated over the previous 30 days (“Usage Total”), exceeds the Usage
Threshold for the service plan that you selected. At any time, you can see your
Usage Total versus your monthly Usage Threshold under the Customer Care section
at wildblue.net.
We will notify you via your WildBlue contact email address if your Usage
Total reaches 80% or more of the Usage Threshold. If at any time your Usage
Total is above the Usage Threshold, we will reduce your WildBlue access speeds,
typically to 128 kbps in the downstream (from the Internet to you) and 28 kbps
in the upstream (from you to the Internet) until your Usage Total is 80% or less
than the Usage Threshold. Once your Usage Total reaches this level, your access
speeds will be restored to the original speed levels by the next day.
You are likely to avoid any limitations imposed by the FAP if your use is
typical of the majority of Internet users and consists primarily of Web surfing
and a reasonable amount of downloading. The table below shows the monthly Usage
Thresholds for each plan. These limits specify the amount of data that you can
upload and download before your access speed is reduced. Please note that your
Usage Total is far more likely to exceed the Usage Thresholds below if you use
peer-to-peer file sharing programs, you use a webcam or you download full length
movies, large quantities of music files, full software applications or similar
high-bandwidth activities.
| |
WildBlue FAP Monthly Usage Thresholds
|
| |
Value Pak
|
Select Pak
|
Pro Pak
|
| Upload Threshold (MB) 1 |
2,300
|
3,000
|
5,000
|
| Download Threshold (MB) 2 |
7,500
|
12,000
|
17,000
|
| 1 |
Upload Threshold is the volume of data that can be uploaded during
the previous 30 days before the Fair Access Policy may restrict the
user’s speeds. |
| 2 |
Download Threshold is the volume of data that can be downloaded
during the previous 30 days before the Fair Access Policy may restrict
the user’s speeds. |
These terms and conditions state important requirements regarding your
use of WildBlue’s Satellite Speed Internet 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 many not use the service and, subject to the terms of your
Customer Agreement, you must terminate your service immediately.
WildBlue may revise this Fair Access 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 WildBlue’s
Satellite Speed Internet service should regularly visit these web sites.
Questions regarding this FAP and complaints of violations of it by WildBlue
customers and users can be directed to WildBlue via “Help” email obtainable at
wildblue.net.
Last Updated: 12/01/05
WildBlue Communications’ Subscriber Privacy Policy
This Privacy Policy covers all web sites under the wildblue.net domain (such as
www.wildblue.net and help.wildblue.net) and applies to all customers of
WildBlue’s Satellite Speed Internet service (the “Service”). We encourage you to
read the entire Policy and check this page periodically for any changes or
updates. By using the Service, you expressly consent to the terms of this
Policy, as it may be changed from time to time.
WildBlue is committed to maintaining your privacy and believes that, as a
subscriber to the Service, you are entitled to know WildBlue's information
practices. This includes the limitations which WildBlue observes in the
collection and disclosure of personally identifiable subscriber information, the
type of personally identifiable information we collect, how we use subscriber
information, under what conditions we may disclose this information, the period
during which we maintain it and the rights of subscribers concerning this
information and its disclosure.
If you have questions or concerns regarding this Policy, you should contact
WildBlue at the contact information near the end of this Policy.
Information Collection
WildBlue collects information from you at several different points on the
Service. Some of this information is personally identifiable information, but
much of it is not. Personally identifiable information is information that
identifies a particular person. When you establish an account for the Service we
collect information such as your name, address, telephone number, e-mail
address, as well as information used for billing, and payment (including bank
and credit card information), and other information we may need to establish and
service an account. During the initial provisioning of the Service, and any
subsequent changes or updates to that provisioning, WildBlue collects technical
information about your computer hardware and software, satellite modem and/or
other service-related devices, and customization settings and preferences.
WildBlue also collects personally identifiable information about you when you
communicate with us for, among other things, support, maintenance, and billing,
send us e-mails, respond to our surveys or e-mails, engage in chat sessions with
us, register for information, or participate in promotions or contests. In
addition, WildBlue may combine personally identifiable information, which we
collect as part of our regular business records, with personally identifiable
information obtained from third parties for the purpose of creating an enhanced
personal database to use in marketing and other activities related to the
Service and our other services.
Information Use and Disclosure
WildBlue considers the personally identifiable information contained in our
business records to be confidential. Applicable law authorizes WildBlue to
disclose personally identifiable information concerning any subscriber if the
disclosure is:
necessary to render, or conduct a legitimate business activity related to, the
Service and Service features or other services provided to the subscriber; or
required by law or legal process (as described below in this Policy); or
limited to the names and addresses of subscribers for "mailing list" or other
purposes (subject to each subscriber's right to prohibit or limit this
disclosure as described below in this Policy).
In addition, WildBlue may use and disclose personally identifiable information
collected from you your use of the Service as provided for by applicable law in
order to:
install, configure, operate, provide, support, and maintain the Service;
confirm that you are receiving the service requested and are properly billed for
it;
identify you when changes are made to your Service account;
make you aware of new products or services that may be of interest to you;
understand the use of, and identify improvements to, our Service;
detect unauthorized reception, use, or abuse of the Service;
determine whether there are violations of any applicable policies and terms of
Service;
configure modems and/or other service-related devices; and
comply with applicable law and take steps to prevent fraud.
WildBlue may also use and disclose personally identifiable information as
provided for by applicable law in order to perform, for example:
billing and invoicing;
administration;
surveys;
collection of fees and charges;
marketing;
service delivery and customization;
maintenance and operations;
technical support;
procurement of services, hardware or software necessary to the Service or
offered through the Service
hardware and software upgrades; and
fraud prevention
In connection with the activities listed above, we sometimes disclose personally
identifiable information about you to our affiliates or to others who work for
us. We sometimes also disclose personally identifiable information about you to
our employees for WildBlue's internal business purposes, as well as to outside
auditors, professional advisors and service providers, potential business
transition partners, and regulators. Typically, we make these disclosures when
the disclosure is necessary to render, or conduct a legitimate business activity
related to the Service or other services we provide to you. We may be required
by law or legal process to disclose certain personally identifiable information
about you to lawyers and parties in connection with litigation and to law
enforcement personnel. We may also disclose certain personally identifiable
information about you to third parties such as, for example, charities,
marketing organizations, or other businesses, in connection with disclosures
made for "mailing list" or other purposes as described below in this Policy.
Legal Disclaimer
We make every reasonable effort to protect subscriber privacy as described in
this Policy. Nevertheless, we may be required by law to disclose personally
identifiable information about a subscriber without his or her consent and
without notice in order to comply with a valid legal process such as a subpoena,
court order, or search warrant. We may also use or disclose personally
identifiable information about you without your consent to protect our
customers, employees, or property, in emergency situations, to enforce our
rights in court or elsewhere, or directly with you, and for violations of the
Service's terms of service and policies (including our Customer Agreement,
Acceptable Use Policy and Fair Access Policy).
Transmission of Information
WildBlue transmits personally identifiable and non-personally identifiable
information about you over the Service when you send and receive e-mail, chat,
send instant messages, transfer and share files, make files accessible, visit
Web sites, or otherwise use the Service and its features. Our transmission of
this information is necessary to render the Service.
WildBlue uses third parties to deliver some features and functions of the
Service, including customer and technical support, e-mail, instant messaging,
and web hosting, and those third parties collect or transmit personally
identifiable and non-personally identifiable information about you. These third
parties are not permitted to use your personally identifiable information except
for the purpose of providing their services. We will not read your outgoing or
incoming e-mail, private chat, or instant messages, but we (or our third party
providers) do store e-mail messages on computer systems for a period of time. We
could be required to disclose these messages and communications along with other
personally identifiable information about you to comply with law or to protect
our Service as described in the Legal Disclaimer section of this Policy.
We also monitor the performance of our Service and your Service connection in
order to manage, maintain, and improve the Service and your connection to it. We
(or our third party providers) use tools to help prevent and block "spam"
e-mails, viruses, spyware, and other harmful or unwanted communications and
programs on the Service. These tools may automatically scan your e-mails,
instant messages, file attachments, and other files and communications in order
to help us protect you and the Service against these harmful or unwanted
communications and programs. These tools do not collect or disclose personally
identifiable information about you.
Service Providers
We contract with third parties to provide specific services and features for the
Service. For example, our newsgroups are provided by a third party. When you use
these particular services, generally you provide your name and specific
Service-related information directly to the third party service provider. If you
become a customer of these third parties directly, then you will be subject to
their terms of service and privacy policies. You should carefully read their
terms and policies to understand how they may use personally identifiable
information about you.
Aggregate Information
WildBlue or our contractors may from time to time share aggregate
(non-personally identifiable) information such as the number of Service
subscribers who match certain statistical profiles (for example, the number of
subscribers in various parts of the country) with our advertisers, content
providers, or other third parties with whom we have a relationship. Except as
otherwise specified in this Policy, we will not provide our advertisers, content
providers, or these other third parties with personally identifiable information
about you unless we have received your consent first. Likewise, WildBlue will
not share personally identifiable information about where you go on the Service
or on the Web unless we have received your consent first. We also use aggregate
information to better understand how the Service is being used, to improve it,
and for network management, bandwidth usage, maintenance, performance
measurement, and security.
Third Party Advertisers
We may use a third-party ad serving company to serve certain advertisements to
you when you visit this Web site. Our third-party ad serving company may use
anonymous information related to your visit to the Service's Web site to better
provide advertisements to you about goods and services that may be of interest
to you. Our third-party ad serving company does not have access to your name,
address, e-mail address or telephone number unless you or others provide that
information to it directly, or you consent to us providing that information to
it. In the course of serving advertisements to this Web site, our third-party ad
serving company may place or recognize a unique "cookie" or equivalent
technology through your browser.
Business Transitions
If WildBlue enters into a merger, acquisition, or sale transaction of all or a
portion of its assets, subscribers' personally identifiable information will, in
most instances, be one of the items transferred as part of the transaction. If,
as a result of the business transition this Policy will be changed, you should
refer to the Notification of Changes to this Policy section. Aggregate
information may also be transferred in connection with a business transition.
Preferences
We store information that you provide to personalize your settings on the
Service so that you don't have to change these settings each time you use the
Service. We do not share your preferences with third parties except for service
providers or other third parties who may provide certain components of the
Service.
Cookies
Cookies are small files stored on a computer's hard drive to simplify and
improve a user's Web experience. A Web site may store information in a cookie
about your computer configuration so that it can more efficiently provide
information to you the next time you visit the site. Or, your browser program
might save a cookie with a reference key linking to your username and password
on a remote server so that a Web site's server will automatically recognize you
the next time you access the site.
WildBlue uses cookies to remember your username and password, if you choose to
store them, from the home page of the Service at www.wildblue.net, as well as to
remember some of your personalization preferences. WildBlue also uses cookies to
determine when your current session on the Service's Web site should be logged
out after a period of no activity, as well as for efficient management of the
servers providing our Web site including when you access the Personal Web Space
services. In addition, WildBlue uses cookies to determine whether you are
accessing the website at www.wildblue.net or features of the Service from our
Service or another Internet service provider. We do this in order to
authenticate access to certain features of the Service, and to enable certain
communications between Service subscribers. Aside from this reference by the
cookie, WildBlue does not store your name or other personal information in
cookies.
Some of our business relationships are with vendors who may use cookies (for
example, search engines) or in connection with their own advertisers and other
business partners. However, we have no access to or control over these third
party cookies. For more information about how these vendors and their business
partners use cookies, and how you may be able to "opt-out" of those cookies,
read the privacy policy that applies to each vendor's Web site. This Policy
covers the use of cookies by WildBlue under the wildblue.net domain; it does not
cover the use of cookies by any other party or Web site unless stated otherwise.
Log Files and Web Site and E-mail Management
Like many Web sites, the Service's Web site servers generate log files. These
logs record aggregate (non-personally identifiable) information about site usage
such as Internet protocol (IP) addresses, browser types, Internet service
providers, referring/exit pages, pages accessed, platform types, date/time
stamps, times of use, and page views, for example. This information is necessary
to analyze trends, administer the Service's Web site, balance web traffic,
evaluate users' electronic browsing in the aggregate, and gather broad
demographic information for aggregate use.
Communications from WildBlue
Special Offers and Updates
We send all new subscribers to the Service a welcome e-mail and sometimes other
information. Subscribers who would like to receive information from us about
products, services, and special offers, promotions, and features may do so. See
the Choice and Contact Preferences section of this Policy to learn how to opt in
or opt out of receiving these types of promotional communications.
Service Announcements
We send subscribers Service-related announcements from time to time. For
example, we may send you an e-mail announcement about a pricing change, a change
in operating policies, or new features of the Service. You may not opt-out of
these Service-related communications, though you can deactivate your Service
account if you wish. If you fail to check your Service account and primary
e-mail address for Service-related announcements, you may miss important
information about the Service, including legal notices, for example.
Customer Service
We communicate with you to provide requested services and support for questions
and issues relating to your Service account. We will reply to your requests for
customer service by e-mail, phone, discussion forum, or through any other
reasonable means.
Choice and Contact Preferences
Any e-mail relating to special offers or promotions will contain a link or
instructions allowing you to opt out of receiving similar promotional e-mails in
the future by following the opt-out instructions in the e-mail or visiting the
Contact Preferences section of My Account on the www.wildblue.net Web site.
Links
The Service's Web site contains links to other sites. Some of these other sites
may be co-branded with WildBlue and may look like Service features, but WildBlue
is not responsible for the privacy practices of these other sites. We encourage
you to be aware when you leave our Web site and to read the privacy policies of
every Web site that collects personally identifiable information about you,
whether the site is co-branded with WildBlue or not.
Security
WildBlue takes the security of our subscribers' personally identifiable
information seriously. We follow industry-standard practices to take such
actions as are necessary to prevent unauthorized access to personally
identifiable information by a person other than the subscriber or us. However,
we cannot guarantee that these practices will prevent every unauthorized attempt
to access, use, or disclose personally identifiable information.
Correcting and Accessing Information
If your personally identifiable information changes, if you wish to confirm the
accuracy of your personally identifiable information, or if you no longer want
to subscribe to the Service, we provide a way to correct that information and a
way to deactivate a Service account. You can correct some personally
identifiable information through the My Account link at www.wildblue.net. You
may also contact us by telephone at the contact information listed below to
correct information or deactivate your Service account. In addition, you may
examine and copy any personally identifiable information we collect and maintain
relating to you at your local WildBlue office upon reasonable notice and during
regular business hours. If you wish to inspect those records, please contact us
by telephone at 1-866-WILDBLUE, giving us a reasonable period of time to locate
and, if necessary, prepare the information for review, and to arrange an
appointment during regular business hours. We will correct our records if you
make a reasonable showing that any of the personally identifiable information we
have collected about you is inaccurate. You will only be permitted to examine
records that contain information about you and no one else. WildBlue reserves
the right to charge you for the cost of photocopying any documents that you
request.
Enforcement
You, as a subscriber to the Service, may enforce the limitations imposed on
WildBlue by applicable federal law with respect to the collection and disclosure
of personally identifiable information about you. You may do so through a civil
action under federal law, in addition to other rights and remedies that may be
available to you under federal or other applicable laws.
Retention of Information
WildBlue maintains personally identifiable information about you in our regular
business records while you are a subscriber to the Service. We also maintain
this information for a period of time after you are no longer a subscriber if
the information is necessary for the purposes for which it was collected or to
satisfy legal requirements. These purposes typically include business, legal, or
tax purposes. If there are no pending requests, orders, or court orders for
access to this personally identifiable information and the information is no
longer necessary for the purposes for which it was collected, we will destroy
the information within a reasonable time period or within a required timeframe
established under applicable law, whichever is shorter.
Notification of Changes to this Policy
If we change this Policy (which we may do at any time), we will post those
changes on the homepage of the Service Web site, or in other places we deem
appropriate, so our subscribers are aware of what information we collect, how we
use it, and under what circumstances, if any, we disclose it. We will use
information in accordance with the Privacy Policy under which the information
was collected. Your decision to continue receiving the Service after we make any
changes to this Policy shall be deemed to be your express consent to the changes
in the revised Policy.
Contact Information
If you have any questions or suggestions regarding this Policy, or wish to
contact us about your personal information, please contact us at legal@wildblue.net.
Special Note about Children
The Service is not directed to children under the age of 13, and WildBlue does
not knowingly collect personally identifiable information from anyone under the
age of 18 on the Service unless expressly specified on the appropriate pages of
the Service website. On those pages, WildBlue or its service providers will
provide a special notice or other information describing any additional privacy
protections that may apply. Children should always get permission from a parent
or legal guardian before sending any information about themselves (such as their
names, e-mail addresses, and telephone numbers) over the Internet, to us or to
anyone else.
Last Updated: 07/11/05
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