Subscriber Agreement – Between 05/17/25 and 07/07/25

For new Hughesnet services ordered between May 17, 2025 and July 7,2025

 

Thank you for choosing Hughesnet®!

 

PLEASE READ THIS ENTIRE SUBSCRIBER AGREEMENT (“SUBSCRIBER AGREEMENT” OR “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.

 

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 Binding 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, except for Hughesnet Fusion plans which are only available in the contiguous U.S.  Stated speeds, low-latency 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. 

 

Depending on your selected Hughesnet service plan, download speeds may be up to 100 Mbps and upload speeds may be up to 5 Mbps, or, in either case, as otherwise advertised by Hughes. All service plan speeds are “up to” and are not guaranteed. Listed or otherwise advertised speeds are associated with specific plans and may only be available in certain geographic areas. While Hughesnet Service is only available in the coverage area of the EchoStar XVII, EchoStar XIX, and EchoStar XXIV satellites within the contiguous United States, certain service plans may only be available in certain geographic areas. Speeds in parts of Alaska will be slower.  Hughesnet Fusion plans are only available where adequate terrestrial wireless signal strength is available.

 

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, multipath device, power supplies, wireless antenna, optional add-on mesh node (indoor) and satellite antenna and radio (outdoor) (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. Unless you purchased the Equipment from Hughes, you shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter, or tamper with the Equipment owned by Hughes (or any notice of our ownership thereon) at any time. Any installation, reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service (except for the Hughesnet Fusion equipment (multipath device, power supply and wireless antenna) if you have selected the self-install option). You are responsible for preventing the loss or destruction of all Equipment provided pursuant to this Subscriber Agreement (hereinafter this “Subscriber Agreement” or “Agreement”). 

 

1.3 SERVICE COMMITMENT TERM AND SERVICE TERMINATION FEES.

 

Except as explicitly permitted by this Agreement, you must maintain service with us for your minimum commitment term plus any additional time required by any promotions you accept. IF YOU END YOUR SERVICE SOONER, OR WE TERMINATE YOUR SERVICE FOR BREACH BY YOU, YOU MUST PAY UP TO $400 AS A SERVICE TERMINATION FEE. Periods of suspension of service do not count toward any minimum term. Following the conclusion of your commitment term, your Service Plan, this Agreement (including any modifications to this Agreement), and the obligations of each, will automatically renew on a month-to-month basis. If you terminate your service prior to the expiration of the commitment term, you will owe, and your credit or debit card will be charged or bank account will be debited, a Service Termination Fee of up to $400. If at any time you change your service, you will be subject to any requirements, such as a new minimum term and service termination fee, we set for that change. 

 

In addition, unless you purchased the Equipment, you will be required to return certain Equipment to Hughes whenever you terminate your service or your service is cancelled, or you will be required to pay the applicable Unreturned Equipment Fee described below. 

 

If your Hughesnet Service is ever terminated or cancelled, You must return your leased Equipment, and leased Mesh Node(s) (if any), in good condition within 45 days of the applicable termination date or cancellation date or be charged a $300 Unreturned Equipment Fee for Hughesnet satellite-only plans ($100 for the satellite modem and power supply and $200 for the satellite radio), or a $500 Unreturned Equipment Fee for Hughesnet Fusion plans ($100 for the satellite modem and power supply; $200 for the satellite radio; and $200 for the multipath device, power supply and wireless antenna), plus $50 for each leased Mesh Node. 

 

If you upgrade from a Hughesnet satellite-only plan to a Hughesnet Fusion plan and choose the self-install option for the Hughesnet Fusion equipment (multipath device, power supply and wireless antenna), you will have thirty (30) days from the date the Hughesnet Fusion equipment is shipped to you to activate the Hughesnet Fusion equipment, otherwise you will be deemed to have cancelled your Hughesnet Fusion upgrade, your payment obligations under your then-current Hughesnet satellite-only plan will continue to apply, and you will be required to return the Hughesnet Fusion equipment to Hughes or be charged a $200 Unreturned Equipment Fee ($200 for the multipath device, power supply and wireless antenna). 

 

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: Hughesnet Voice (with Commitment)

 

Your subscription to and use of a Hughesnet Voice Service Plan, is subject to the terms and conditions (including without limitation, service termination fees) set forth in the Hughesnet Voice Service Addendum to the Hughesnet Subscriber Agreement 

 

Optional Equipment De-Installation Service

 

As an alternative to de-installing and returning applicable Equipment to Hughes yourself (whether before or after the expiration of any Service commitment period), you may request that Hughes de-install the Equipment for a fee. The amount of this de-installation charge will be the fee then in effect for this service. In the event you elect to purchase this optional service, you will still be responsible for packing and mailing the equipment back to Hughes using the pre-paid label inside the material return box provided to you by Hughes.

 

1.4 METHOD OF PAYMENT.

 

Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Hughes explicitly and in advance permits another method of payment (ACH payments are permitted), you agree that you will provide, and maintain on file with Hughes, an active major credit card (e.g., MasterCard, Visa, American Express, or Discover) or debit card (unless applicable law otherwise states that such requirement cannot be made mandatory) that Hughes may charge for all fees, charges or other amounts (“charges”) payable under this Agreement (including Service Termination Fees and Unreturned Equipment Fees). You hereby authorize automatic ACH billing (if you have elected ACH as your payment method), or credit or debit card billing by Hughes for all such charges, except where charges are paid by you pursuant to a paper invoice. You further agree that the charges described above will be billed to the bank account or credit or debit card that you have provided when you ordered the Service.

 

PART II – THE SERVICE, THIS SUBSCRIBER AGREEMENT, SUBSCRIBER RESPONSIBILITIES, AND DISPUTE RESOLUTION AND BINDING ARBITRATION

 

2.1 THE SERVICE.

 

Depending on the service plan you select, Hughes provides a two-way, satellite only-based Internet access service or a two-way, combination satellite and wireless-based Internet access service that, in each case, carries information between the Internet and your computer, tablet, or other connectable device (the “Service”).

 

2.2 SUBSCRIBER AGREEMENT.

 

This Subscriber Agreement contains terms and conditions governing the relationship between you and Hughes.  You hereby represent and agree that any user of your account, Service or Equipment is aware of, and agrees to be bound by, the requirements of this Subscriber Agreement. In addition, this Subscriber Agreement incorporates by reference the Hughesnet Fair Access Policy, the Hughes Copyright Policy, the Hughesnet Acceptable Use Policy, the Hughesnet Service Termination Fees and Other Important Terms, and the then current Hughes Privacy Policy (which you agree may be modified from time to time as may be required by law, or as otherwise at the discretion of Hughes), all of which apply to you and the use of the Service, and together with this Agreement, collectively make up the Subscriber Agreement. The Subscriber Agreement governs your Hughesnet subscription and your use of the Hughesnet Service and any other services offered or provided by Hughes (as defined below). Certain features and services offered by Hughes and its suppliers contain additional terms or guidelines that supplement this Agreement and, along with this Agreement, will govern the use of those services. You will have an opportunity to review any 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 modify this Agreement at any time by providing notice to you via one or more of the methods provided below. In the event you do not agree to such modifications, you must terminate your subscription (as provided herein) within fourteen (14) days after such notice is published or delivered. Otherwise, except as provided in Section 5.5, your continued use of the Service after such time constitutes your full acceptance of such modifications, and the Agreement as modified will govern your Hughesnet Service until the Service is canceled. Hughes, in its discretion, may deliver notices by publishing them to legal.hughesnet.com (“Updates”) or my.hughesnet.com, or by sending them directly to you by one or more of the following methods using your account information in our records: mail, phone or electronic means, including e-mail, text or through your my.hughesnet.com account.  Published notices are considered delivered on the date of publication.  Electronic notices provided pursuant to this Section are considered delivered when sent. If Hughes elects to mail notices, such mailed notice will be considered delivered 3 days after the postmark date.

 

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 an 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 PRICE LOCK; PRICING REVISIONS; NOTICES.

 

If your selected Hughesnet service plan includes a price-lock guarantee at the time of purchase, the price-lock guarantee will remain in effect for the term of your commitment beginning on the date of account activation and ending 24 consecutive months thereafter. The price-lock guarantee: 

1. applies only to pricing associated with the selected Hughesnet Service plan (before any promotional and other discounts, e.g. ACH payment discount) and does not apply to Equipment lease fees;
2. excludes all taxes, surcharges, and other fees; and
3. is subject to your account remaining in good standing and may be forfeited with certain Hughesnet Service plan upgrades, downgrades and certain other changes. 

 

Except as set forth in the preceding paragraph, 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 14 days’ notice of any such change to you. In the event you do not agree to such price revisions, you must terminate your subscription (as provided herein) within fourteen (14) days after such notice is published or delivered. 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 makes pricing revisions, you may terminate your account and this Agreement by giving notice of termination to Hughes within 30 days of notice of such modification or revision and in such cases only, you 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 Service Termination Fees, any other applicable termination charges herein described, and any amounts that are otherwise due and payable to Hughes, you may cancel your subscription to your Hughesnet service plan(s) 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 Hughesnet service plan(s) 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, Hughes Copyright Policy, Acceptable Use Policy or the applicable Hughes 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 service 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 members of your household may share a single ID number and account, if authorized by you to use the 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 (i.e., the 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 goods 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 the Service address listed on your Hughesnet account. 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: (1) provide us with true, accurate, current, and complete information about yourself; and (2) 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.

 

IF YOU DO NOT WISH TO BE BOUND BY THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE, YOU MAY OPT OUT OF THIS CLAUSE. TO DO SO, YOU MUST NOTIFY HUGHES IN WRITING TO THE ABOVE NOTICE ADDRESS WITHIN 30 DAYS AFTER YOU FIRST RECEIVE NOTICE OF THIS CLAUSE. YOUR WRITTEN NOTICE MUST INCLUDE YOUR NAME, ADDRESS, HUGHES ACCOUNT NUMBER, AND A CLEAR STATEMENT THAT YOU DO NOT AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE. FAILURE TO PROVIDE SUCH NOTICE WITHIN 30 DAYS CONSTITUTES AGREEMENT TO THE TERMS OF THIS DISPUTE RESOLUTION AND BINDING ARBITRATION CLAUSE. YOUR DECISION TO OPT OUT OF THIS CLAUSE WILL HAVE NO ADVERSE EFFECT ON YOUR RELATIONSHIP WITH HUGHES OR THE DELIVERY OF SERVICES TO YOU BY HUGHES.

 

In addition, if Hughes makes any future change to this Dispute Resolution and Binding Arbitration provision, you may reject any such change by sending Hughes written notice within 30 days of receiving notice of the change. In that case, any dispute arising between you and H…[TRUNCATED – see CSV]