Subscriber Agreement for HughesNet Gen5 for Business Service Plans
This Agreement was last revised on March 30, 2023.
This Agreement applies if you subscribed to HughesNet Business services between August 28, 2022 and March 29, 2023.
Thank you for choosing HughesNet®!
PLEASE READ THIS SUBSCRIBER AGREEMENT CAREFULLY, AS IT CONSTITUTES A BINDING CONTRACT BETWEEN YOU AND HUGHES NETWORK SYSTEMS, LLC (“HUGHES”). BY APPLYING FOR OR ESTABLISHING AN ACCOUNT WITH HUGHES, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
NOTICE TO SUBSCRIBERS: IN ACCORDANCE WITH SECTION 19.5 OF THIS AGREEMENT, SECTION 19, DISPUTE RESOLUTION AND BINDING ARBITRATION HAS BEEN REVISED AND NOW APPEARS AT SECTION 5, EFFECTIVE AS OF MARCH 30, 2023. THE PRIOR VERSION OF THIS CLAUSE WHICH APPEARED AT SECTION 19 HAS BEEN MOVED TO THE END OF THIS AGREEMENT.
Subscriber Agreement Organization
This Subscriber Agreement is organized into six “Parts”:
Part I – Key Provisions;
Part II – The Service, Your Subscription, This Subscriber Agreement, and Dispute Resolution and Arbitration;
Part III – Payment;
Part IV – Permitted Use and Restrictions on Use;
Part V – Grant of Important Rights by You to Us, and Important Disclaimers, Acknowledgments and Obligations;
Part VI – General (Note: Although located at the end of this Subscriber Agreement, these terms are important.)
PART I – KEY PROVISIONS
1.1. SPEED CLAIMS AND DISCLAIMERS.
HughesNet Service is available in the contiguous U.S., Alaska and Puerto Rico. Stated speeds and uninterrupted use of the Service are not guaranteed. Actual speeds will likely be lower than the maximum speeds during peak hours. In addition, when connected to the Service using Wi-Fi, the user’s experience will vary based on the proximity to the Wi-Fi source and the strength of the signal. Use of the HughesNet Service is subject to the Fair Access Policy for HughesNet Gen5 for Business Service Plans, Subscriber Privacy Policy, and Acceptable Use Policy.
The listed speeds are only available in the footprint of the EchoStar XVII and EchoStar XIX Satellites. HughesNet Service with speeds of up to 25 mbps down and 3 mbps up is available within the contiguous United States. Speeds in parts of Alaska will be slower.
1.2. EQUIPMENT.
You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment.
The satellite modem, power supply, satellite antenna and radio (collectively, the “Equipment”) to be installed at your premises will remain the property of Hughes and shall not be deemed fixtures or part of your realty, except for such Equipment that you have purchased from Hughes. The Equipment to be installed at your premises will remain the property of Hughes and shall not be deemed fixtures or part of your realty, except for such Equipment that you have purchased from Hughes.
If you lease any Equipment from Hughes, the following terms shall apply:
Hughes or its assigns will retain full legal title to the Equipment, it being expressly understood that this Agreement does not provide for the sale of the Equipment to you, nor does this Agreement constitute a security instrument in conjunction with the sale of the Equipment.
- From and after the installation date for any Equipment, you are responsible for and hereby assume the risk of loss, damage, or destruction with respect to any installed Equipment resulting from any cause whatsoever.
- If such damaged Equipment cannot be repaired by Hughes or is damaged beyond repair or is lost, stolen, or destroyed (any such occurrence hereinafter referred to as an “Event of Loss”), then this Agreement shall continue in full force and effect without any abatement of payments hereunder. You must immediately notify Hughes of the same and shall promptly purchase from Hughes or otherwise replace the affected Equipment with a like unit, in good condition.
- You must use the Equipment in a reasonable manner, and in full compliance with Hughes’ instructions, to avoid making the Equipment unsuitable for use with the Services to be provided under this Agreement. Customer’s use of the Equipment shall be in full compliance with all laws, rules, and regulations of each and every governmental authority having jurisdiction over the Equipment.
- You acknowledge and agree that all of the Equipment shall be and shall remain personal property notwithstanding the manner in which it may be attached or affixed to realty, and you agree to do all acts and enter into all agreements necessary (including, without limitation, obtaining from your landlord a waiver of any landlord’s lien or other lien to which the landlord may be entitled to insure that the Equipment remains personal property free and clear of any liens. You shall indemnify Hughes, and hold it harmless from and against any and all loss, liability, cost, damage, and expense (including reasonable attorneys’ fees and court costs) arising out of or related to any claim that the Equipment constitutes a fixture or is a part of the realty in or upon which it is located.
- IN THE EVENT HUGHES SELLS, TRANSFERS, GRANTS A SECURITY INTEREST IN, OR ASSIGNS PART OR ALL OF ITS RIGHT, TITLE, AND INTEREST IN AND TO THIS AGREEMENT, THE EQUIPMENT, THE SERVICE CHARGES, OR ANY OTHER SUMS DUE OR TO BECOME DUE BY YOU HEREUNDER, TO AN ASSIGNEE(S), YOU HEREBY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES FROM ANY SUCH ASSIGNEE(S), EITHER EXPRESS OR IMPLIED, AS TO THE EQUIPMENT, AND YOU AGREE TO LOOK SOLELY TO HUGHES WITH RESPECT TO ANY WARRANTIES OR OTHER REPRESENTATIONS MADE BY HUGHES.
1.3. SERVICE COMMITMENT AND EARLY TERMINATION FEES.
All Service Plans require a commitment of 24 months (“Initial Term”) for each site at which such Service Plans are provided. If you have subscribed to any of the Business plans and you terminate service prior to the expiration of the commitment, you will owe, and your credit or debit card will be charged, the Early Termination Fees and Unreturned Equipment Fees described below.
At the end of your Initial Term, your Service Plan commitment will automatically renew for successive one-month periods, unless otherwise terminated by either party by giving written notice to the other not less than thirty (30) days prior to the end of the Initial Term or any renewal period thereafter in effect. You acknowledge that your obligation to make monthly Service Plan payments (and if you have leased your Equipment, Equipment Lease payments) during the Initial Term is absolute and not subject to reduction. In the event you terminate the Service Plan prior to the expiration of the Initial Term, you will be liable for Early Termination Fees and, if you leased your Equipment, Unreturned Equipment Fees described below.
Early Termination: Purchase Option (equipment and standard installation purchased upfront)
If you cancel your order before installation, you will be refunded the amount that was collected at the time of order.
If you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 during the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.
Early Termination: Lease Option
If you cancel after activation but before the end of your 24-month term commitment, you will be charged a Service Termination Fee. The amount of the Service Fee will be $400 during the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.
In addition, you must return your Equipment in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the satellite modem and power supply and $200 for the satellite radio.
If you cancel at the end of your 24-month term commitment, you must return your Equipment in good condition within 45 days of cancellation date or you will be charged a $300 Unreturned Equipment Fee ($100 for the satellite modem and power supply and $200 for the satellite radio).
For customers eligible or required to return equipment, Hughes will provide instructions on how to de-install and return the required equipment.
You are not required to return, and Hughes is not obligated to de-install, the outdoor antenna, outdoor mount, or any cables. If you elect to have the complete system or the outdoor antenna, outdoor mount and any cables professionally de-installed, you will be responsible for all applicable de-installation charges.
You will not receive a credit for installation or de-installation charges or other fees.
Early Termination due to breach by Subscriber
If your account is terminated by Hughes for non-payment or any other reason, any applicable Service Termination Fee and, unless you purchased the Equipment, the Unreturned Equipment Fee will be charged immediately upon cancellation. If you leased your Equipment and return the Equipment in good condition within 45 days from the date of termination, your account will be credited $300 ($100 for the satellite modem and power supply and $200 for the satellite radio).
PART II – THE SERVICE, SUBSCRIBERSHIP, AND THIS SUBSCRIBER AGREEMENT.
2. THE SERVICE.
Hughes provides a two-way, satellite-based Internet access solution that carries information between the Internet and your computer, tablet or other mobile device (the “Service”).
2.1. COMPOSITION OF THE TERMS OF SERVICE.
This Subscriber Agreement, the Fair Access Policy for HughesNet Gen5 for Business Service Plans, the Acceptable Use Policy, the HughesNet Early Termination Fees and Other Important Terms for Business Service Plans, and the Subscriber Privacy Policy collectively make up the HughesNet Terms of Service. The HughesNet Terms of Service govern your HughesNet subscription and your use of the HughesNet Service and any other HughesNet services (as defined below). Certain features and services offered by Hughes and its suppliers contain additional terms or guidelines that supplement this Subscriber Agreement and, along with this Subscriber Agreement, will govern the use of those services. You will have an opportunity to review the additional terms before you sign up or use those services.
3. MODIFICATIONS; RIGHTS OF CANCELLATION OR SUSPENSION.
3.1. MODIFICATION OF THIS SUBSCRIBER AGREEMENT; NOTICES.
Hughes may revise this Subscriber Agreement (the “Agreement”) at any time by providing notice to you. In the event you do not agree to such revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of the effective date of such modifications or five (5) days after such notice is delivered, in which event you will not be bound by such modifications. Otherwise, except as provided in Section 5.5, your continued use of the Service after the effective date of such modifications constitutes your full acceptance of such modifications. Except as provided above, unless we provide notice to you of any revision to this Agreement, and you accept or have been deemed to have accepted any such revision, this version of the Agreement will govern the terms of your HughesNet service plan until it is canceled or terminated.
3.2. MODIFICATION OF THE SERVICE.
Hughes may discontinue, add to, or revise any or all aspects of the Service in Hughes’ sole discretion, with or without notice, including without limitation access to support services, publications, and any other products or services ancillary to the Service. For purposes of illustration and not limitation, Hughes may: (1) establish and enforce limitations concerning use of the Service, e.g., the maximum number and/or size of email messages that may be sent from or received by an account on the Service, and the maximum amount of capacity that may be used by a single user or a single account; (2) take any action that Hughes deems appropriate to prevent and/or delete bulk email; (3) delete old email messages from any account; (4) quarantine or delete messages or content suspected of containing viruses or other malware; (5) refuse to process email or instant messages that fit criteria defined by us; (6) if any Number (“Number” being a ten (10) digit telephone number assigned to you to provide access to the Services or such other means of verifying your identification) is assigned to you by Hughes or the underlying wireless provider, change the Number from time to time; or (7) modify any user setting. In the event that Hughes makes any changes to the Service or its availability, Hughes may, but is not required to, notify you.
3.3. PRICING REVISIONS; NOTICES.
Hughes may revise pricing for any Service Plans at any time by providing notice of any price change to you in accordance with Section 3.1. Hughes will endeavor to provide at least thirty (30) days’ notice of any such change to you. In the event you do not agree to such price revisions, you may terminate your subscription (as provided herein) and stop using the Service before the later of either the effective date of the price change or thirty (30) days after such notice is delivered, in which event you will not be bound by such changes. Otherwise, except as provided in Section 5.5, your continued use of the Service after such time constitutes your full acceptance of such pricing revisions.
3.4. TERMINATION BY SUBSCRIBER.
In the event that Hughes modifies this Agreement or related pricing or billing terms, you may terminate your account and this Agreement by giving notice of termination to Hughes within 30 days of your receipt of notice of such modification. Any such termination will not be subject to a Service Termination Fee (but will be subject to any applicable Unreturned Equipment Fee).
Subject to your payment of the termination charges herein described, you may also terminate your account and this Agreement at any other time and for any reason on written notice to Hughes. You must terminate this Agreement in accordance with the terms and conditions specified herein; failure to do so may delay or prevent us from knowing that termination was intended. Failure to terminate in accordance with this Agreement may result in your continued liability for all fees and charges associated with your Service account until such time as the Agreement has been properly terminated or Hughes has acknowledged such termination in writing. In the event you cancel your subscription to the Service prior to the expiration of the minimum commitment period specified for your applicable service plan, you may be subject to a service termination fee as specified in Section 1.3.
If you wish to terminate your service, contact our Billing Department at 1-866-347-3292. Except as may be otherwise provided in this Agreement, cancellation of your Subscription is your sole right and remedy with respect to any dispute with Hughes. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Hughes’ enforcement or application of this Agreement; (2) any policy or practice of Hughes, including the Fair Access Policy and the HughesNet Subscriber Privacy Policy, or Hughes’ enforcement or application of these policies; (3) the content available on the Service or the Internet or any change in content provided by Hughes; (4) your ability or inability to access and/or use the Service; or (5) the amount or type of fees, surcharges, applicable taxes, billing methods, or any change to the fees, applicable taxes, surcharges, or billing methods. Any such cancellation shall be without prejudice to your obligation to pay any applicable early termination fees.
3.5. TERMINATION OR SUSPENSION BY HUGHES.
Hughes reserves the right to terminate or suspend your account and this Agreement at any time, with or without notice, in whole or in part, for any reason or no reason.
3.6. CONTINUATION OF OBLIGATIONS.
Notwithstanding any cancellation or termination of this Agreement or your account, or any suspension or termination of access to or use of the Service, you will remain responsible for any obligations accrued up to the date of such action, including payment of any charges that may be due as a result of or in connection with such action(s).
4. WHO MAY USE THE SERVICE? – RESPONSIBILITY AND SUPERVISION.
4.1. AGE AND ACCOUNT SETUP.
You represent that you are at least 18 years of age and have the right and ability to enter into this Agreement. You agree that you are responsible for installing, establishing, and setting up, 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. These account functions may be performed only by a person at least 18 years of age, without exception.
4.2. MULTIPLE USE OF ACCOUNT.
Multiple users at the same business site may access the Service at any given time through the same ID number or account, if authorized by you to use the account; however, performance may be degraded. Each individual site at which your business subscribes to the Service will be given its own ID number and account.
4.3. INSTALLATION OF SUBSCRIBER EQUIPMENT.
You acknowledge and agree that Hughes or its designated service provider may be required to access your premises and/or devices in order to install and maintain the Equipment and components necessary for you to access the Service. By accepting this Agreement and scheduling a service or installation visit, you hereby authorize Hughes or its service provider to access your premises for the purpose of installing, repairing, or replacing Equipment. NEITHER HUGHES NOR ITS SERVICE PROVIDER SHALL HAVE ANY LIABILITY WHATSOEVER FOR ANY LOSSES RESULTING FROM INSTALLATION, REPAIR, OR OTHER SERVICES, INCLUDING WITHOUT LIMITATION DAMAGE TO YOUR PREMISES OR DEVICES, OR LOSS OF SOFTWARE, DATA, OR OTHER INFORMATION FROM YOUR DEVICES.
4.4. SUBSCRIBER RESPONSIBILITY.
You shall be responsible for all access to and use of the Service through your account or password(s) and for any fees incurred for good or services purchased thereon, or any other expenses incurred as a result of any use of your account. You promise to pay the amounts billed for any such goods or services, along with any related fees, taxes, and charges. Use of your account is limited to users using the service at your permanent location or place of business. 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 hereby ratify and confirm any obligations a minor using your account enters into or assumes and any promises or permissions such minor makes or gives. You agree to: (a) provide us with true, accurate, current, and complete information about yourself; and (b) promptly update this information to keep it true, accurate, current, and complete.
5 DISPUTE RESOLUTION AND BINDING ARBITRATION.
5.1 GENERAL.
EXCEPT AS OTHERWISE PROVIDED HEREIN, ANY AND ALL DISPUTES, CONTROVERSIES, OR CLAIMS BETWEEN YOU AND HUGHES, BASED ON, ARISING OUT OF, INVOLVING, OR RELATING IN ANY WAY TO THIS SUBSCRIBER AGREEMENT, THE HUGHESNET SERVICE, ANY OTHER ASPECT OF OUR RELATIONSHIP, OR ANY RELATED PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION CLAIMS BASED ON CONSUMER PROTECTION LAWS, UNFAIR COMPETITION LAWS, OTHER STATUTES, CONTRACT, TORT, MISREPRESENTATION, FRAUD, OR ANY OTHER LEGAL THEORY (COLLECTIVELY, “CLAIMS”), SHALL BE SETTLED BY BINDING ARBITRATION AS SET FORTH HEREIN. ANY QUESTIONS AS TO THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT OR AS TO THE ARBITRABILITY OF ANY CLAIM SHALL BE DECIDED BY THE ARBITRATOR, EXCEPT THAT ANY QUESTIONS AS TO THE APPLICABILITY OR ENFORCEABILITY OF THE PROHIBITION ON CLASS PROCEEDINGS IN SECTION 5.3 SHALL ONLY BE DECIDED BY A COURT. THIS AGREEMENT TO ARBITRATE IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
Arbitration means that any Claim will be decided by an independent arbitrator and will not be decided in court by a judge or jury. The applicable procedures may be different from procedures followed in court. In an arbitration, there is no right to a jury trial, discovery may be limited, and the grounds for seeking appeal or judicial review of the arbitrator’s award are limited. BY ENTERING INTO THIS SUBSCRIBER AGREEMENT, YOU AND HUGHES ARE WAIVING ANY RIGHT TO A JURY TRIAL IN ANY CLAIMS.
An arbitrator must honor the terms and conditions of this Agreement to the same extent that any court would. Except as otherwise expressly provided herein, the same claims, legal theories, damages, and other relief that would be otherwise available in court, including any right you may have to recover attorney’s fees and/or litigation costs, shall also be available in an arbitration commenced pursuant to this clause. This agreement to arbitrate shall survive termination of this Agreement and will apply to any Claims brought or arising before or after termination of this Agreement.
This Dispute Resolution and Binding Arbitration provision (all subparts of this Section 5) shall, to the extent permitted by law, apply to all pending and future claims, disputes, arbitrations, and litigation, including those involving former subscribers whose agreements terminated prior to the adoption of this provision.
In the event of a Claim, nothing in this Agreement shall entitle either party to payment of the other party’s attorney’s fees and expenses, regardless of the outcome of the Claim. Except to the extent otherwise provided by law, the parties shall bear their own respective attorney’s fees and expenses in connection with any Claim.
5.2 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES.
Pre-Arbitration Dispute Resolution. Prior to initiating any arbitration or small claims court proceeding against the other, you and Hughes must undertake good faith efforts to attempt to resolve the Claim in accordance with the following procedures. The party asserting the Claim must send the other party a written notice of their claim (“Notice of Claim”). Any Notice of Claim to Hughes should be sent to: HughesNet Customer Service, 11717 Exploration Lane, Germantown, MD 20876 (the “Notice Address”). Any Notice of Claim to you will be sent to your billing address or to the primary email address associated with your account. The Notice of Claim should describe the nature of the problem, claim, or dispute and set forth the specific relief, including the amount of any monetary damages, sought. After delivery of a Notice of Claim to the responding party, the parties shall engage in good faith efforts to resolve the Claim for a period of 60 days (which may be extended by agreement) (the “Pre-Arbitration Period”). Upon the request of either party at any point prior to conclusion of the Pre-Arbitration Period, the parties shall meet by phone or videoconference at a mutually convenient date and time to discuss the potential resolution of the Claim. The party asserting the Claim may not commence arbitration or small claims proceedings against the responding party prior to the conclusion of the Pre-Arbitration Period.
Any Notice of Claim, responses to the Notice of Claim, or related written communications to Hughes should be mailed to Notice Address. Any Notice of Claim, responses to the Notice of Claim, or related written communications to you will be sent to the primary email or mailing address associated with your account.
If this exchange of communications results in an agreement prior to the expiration of the Pre-Arbitration Period, neither party may commence any arbitration or small claims court proceeding based on or arising from the Claim that is the subject of the Notice of Claim. Under no circumstances may either party commence an arbitration or small claims court proceeding against the other prior to the completion of the Pre-Arbitration Period.
The efficient and orderly resolution of Claims requires that any communications to Hughes come from you, as the account holder, or persons who are legally entitled to act on your behalf. Accordingly, any Notice of Claim filed in your name or on your behalf should certify that the person submitting the Notice of Claim and any related communications is the HughesNet account holder, an attorney-at-law who represents you, a person to whom you have given a power of attorney, or another person that a court of law has authorized to act as your legal representative. Unless they act in one of these capacities, friends, family members, members of your household and other third parties do not have authority to act on your behalf with respect to these Dispute Resolution and Arbitration Procedures.
Arbitration Proceedings. Any arbitration between you and Hughes shall be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as supplemented and modified by the terms of this Agreement. In the event of any conflict between this Dispute Resolution and Binding Arbitration clause and the applicable AAA rules, this clause shall govern. The AAA Consumer Arbitration Rules (the “AAA Rules”) may be obtained online at www.adr.org or by calling the AAA at 1-800-778-7879. 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 thereof.
You and Hughes agree that any arbitration shall be resolved by a single arbitrator and shall be based on the submission of documents alone, without a hearing. In the event the arbitrator determines that a hearing is required, you and Hughes agree that the hearing shall be conducted by telephone or video conference if practicable, and any in person hearing shall be conducted in a location reasonably convenient to you and Hughes.
Arbitration Costs and Fees. If you commence an arbitration, the AAA Rules require you to pay a filing fee, and requires Hughes to pay a filing fee, certain administrative fees and the arbitrator’s compensation and expenses. Depending on the outcome of the arbitration, you and Hughes reserve the right to require the other to pay a portion of such fees, compensation and expenses pursuant to applicable law or upon the arbitrator’s determination that a claim or counterclaim was filed for purposes of harassment or is patently frivolous.
5.3 PROHIBITION ON CLASS, COORDINATED AND CONSOLIDATED PROCEEDINGS.
IT IS THE PURPOSE OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION PROVISION TO RESOLVE ANY CLAIM FAIRLY, EFFICIENTLY AND ON AN INDIVIDUALIZED, CASE-BY-CASE BASIS. ACCORDINGLY, YOU AND HUGHES AGREE THAT NO CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ARBITRATION OR PROCEEDING OR COORDINATED OR CONSOLIDATED DIRECTLY OR INDIRECTLY WITH ANY CLAIM INVOLVING OTHER HUGHESNET SUBSCRIBERS, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. YOU AND HUGHES MAY ONLY PURSUE A CLAIM AGAINST THE OTHER IN AN INDIVIDUAL CAPACITY, AND MAY NOT PURSUE A CLAIM AGAINST THE OTHER ON BEHALF OF OR IN COORDINATION WITH ANY OTHER PERSON, AND NO OTHER PERSON MAY PURSUE A CLAIM ON BEHALF OF YOU OR HUGHES AGAINST THE OTHER. AN ARBITRATOR MAY ENTER AN AWARD ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY’S INDIVIDUAL CLAIM.
5.4 LIMITATIONS ON ARBITRATION PROVISION.
Notwithstanding Sections 5.1 and 5.2, but subject to Section 5.3, you or Hughes may bring an individual action against the other for individualized relief in a small claims court of competent jurisdiction, and arbitration shall not be required as to any Claim relating to the validity or enforcement of either party’s patents, copyrights, or other intellectual property or as to any Claim to enjoin a violation of Section 5.3.
5.5 RIGHT TO OPT OUT; FUTURE CHANGES.
5.6 EXCEPTION TO SEVERABILITY.
NOTWITHSTANDING SECTION 22.1, IF FOR ANY REASON THE PROHIBITION SET FORTH IN SECTION 5.3 IS NOT ENFORCED AS WRITTEN WITH RESPECT TO ANY CLAIM, THEN, EFFECTIVE IMMEDIATELY UPON THE WRITTEN ELECTION OF THE PARTY RESPONDING TO ANY SUCH CLAIM, SECTION 5.1 ALSO WILL NOT APPLY TO THAT CLAIM.
PART III – PAYMENT
6 FEES AND PAYMENT.
6.1 FEES, TAXES, AND OTHER CHARGES.
You agree to pay, in advance, and in accordance with the provisions of the billing option you selected, any registration, activation, and/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 ra…[TRUNCATED – see CSV]