Subscriber Agreement – Between 10/20/20 and 08/22/22
This Agreement was last revised on September 16, 2020
Thank you for choosing HughesNet Fusion!
PLEASE READ THIS ENTIRE 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.
Subscriber Agreement Organization
This Subscriber Agreement is organized into six “Parts:”
Part I – Key Provisions;
Part II – The Service, Your Subscription, This Subscriber Agreement, 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 Fusion service is available in select areas of the contiguous U.S., Alaska and Puerto Rico where appropriate cellular coverage is available. Stated speeds and uninterrupted use of 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, the strength of the signal, and the number of devices connected, and its usage is subject to the Fair Access Policy.
The listed speeds are only available in the footprint of the EchoStar XIX Satellites. HughesNet Fusion features No Hard Data Caps. If a subscriber uses more than 100 GB in data, he or she will experience reduced data speeds until their next monthly billing period. Reduced speeds are typically between 1 and 2 Mbps and may cause Web sites to load more slowly or affect the performance of certain activities such as video streaming or large downloads/uploads.
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 Equipment, including the satellite modem, power supply, cellular antenna, Wi-Fi router and radio (outdoor transmitter) to be installed by Hughes at your premises will remain the property of Hughes and shall not be deemed fixtures or part of your realty. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter, or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any 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. You are responsible for preventing the loss or destruction of all Equipment provided pursuant to this Agreement.
1.3 SERVICE COMMITMENT AND EARLY TERMINATION FEES.
All Service Plans require a commitment of twenty-four (24) months. If you have subscribed to any Service Plan 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 described below. In addition, you will be required to return the applicable Equipment to Hughes whenever you terminate your service, or you will be required to pay the Unreturned Equipment Fee described below.
Early Termination: Lease Option
If you cancel your order before installation, you will be refunded the amount that was collected at 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 for the first ninety (90) days after activation of the HughesNet Fusion Service. Thereafter, the amount will decrease by $15 per month for each month of active Service.
Further, you must return your HughesNet modem, power supply, and radio in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the modem and power supply and $200 for the radio transmitter).
If you cancel after the end of your 24-month term commitment, you must return your HughesNet modem, power supply, cellular antenna, Wi-Fi router and radio in good condition within 45 days of cancellation date or be charged a $300 Unreturned Equipment Fee ($100 for the modem and power supply and $200 for the radio transmitter).
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 antenna, mount, or any cables. If you elect to have the complete system or the antenna, 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 charges or other fees.
Early Termination: HughesNet Voice (with Commitment)
If you cancel after activation but before the end of your 24-month term commitment, you will owe, and your credit or debit card will be charged, a Service Termination Fee of up to $240. The exact amount of Service Termination Fee will be $10 times the number of months remaining in your commitment period. By way of example, assuming that your commitment period is 24 months and you elect to terminate your Voice Service Plan after 6 months, the amount of Service Termination Fee will be $10/month x (24-6) months, or $180.
Early Termination due to breach by Subscriber
If your account is terminated by Hughes for non-payment or any other reason, any applicable Early Termination Fee and the Unreturned Equipment Fee will be charged immediately upon cancellation. If you return your HughesNet modem, power supply, cellular antenna, Wi-Fi router and radio in good condition within 45 days from the time of termination, your account will be credited $300 ($100 for the modem and power supply and $200 for the radio transmitter).
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 modem, power supply, and radio directly 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, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express, or Discover) that Hughes may charge for all Service fees or other amounts payable under this Agreement (including Early Termination Fees and Unreturned Equipment Fees). You hereby authorize automatic credit or charge card billing by Hughes for all such charges. You further agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.
PART II – THE SERVICE, YOUR SUBSCRIBERSHIP, THIS SUBSCRIBER AGREEMENT, DISPUTE RESOLUTION, AND BINDING ARBITRATION
2 THE SERVICE.
HughesNet Fusion combines satellite and cellular technologies to provide an internet access solution that carries information between the Internet and your personal computer, tablet, or other mobile device (the “Service”). HughesNet Fusion will automatically implement the proper capability when the user’s application is time sensitive (e.g. online gaming) or where large files can be downloaded over an extended period (e.g. Windows or IOS updates). You are not required to make, nor are you able to make, any configuration changes to determine which applications run over which technology. HughesNet Fusion does that automatically.
2.1 COMPOSITION OF THE TERMS OF SERVICE.
This Subscriber Agreement, the HughesNet Fusion Fair Access Policy, the HughesNet Fusion Acceptable Use Policy, and the HughesNet Subscriber Privacy Policy collectively make up the HughesNet Terms of Service. The HughesNet Terms of Service govern your HughesNet Fusion subscription and your use of the HughesNet Fusion Service and any other HughesNet services (as defined below). You have no contractual relationship with any supplier or service provider, including any cellular or wireless providers, and you are not a third-party beneficiary of any agreement between Hughes and any supplier or service provider. You understand and agree that Hughes’ suppliers and service providers shall have no legal, equitable, or other liability of any kind to you. 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 over the HughesNet Fusion Service. 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 thirty (30) 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 below, your continued use of the Service after such time constitutes your full acceptance of such modifications. Unless we provide notice to you of any revision to this Subscriber Agreement, and you accept or have been deemed to have accepted any such revision, this version of the Subscriber Agreement will govern the terms of your HughesNet Fusion subscription until the Service 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; or (6) 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 over the HughesNet Fusion Service as well as written notice to your address. Hughes will endeavor to provide at least 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 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 below, 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 above.
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 HughesNet Fusion 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 members of your household may share a single ID number and account, if authorized by you to use the account. In addition, up to five (5) members of the same household may access the Service at any given time through the same ID number or 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 computer system in order to install and maintain the components necessary for you to access the Service (the “Subscriber Equipment”). This may include opening your computer to install, repair, or replace equipment or to install software on your computer at your location. By accepting this Agreement and scheduling a service or installation visit, you hereby authorize Hughes or its service provider to access your computer for the purpose of installing, repairing, or replacing Subscriber Equipment for the purpose of facilitating your access to the Service. 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 COMPUTER, OR LOSS OF SOFTWARE, DATA, OR OTHER INFORMATION FROM YOUR COMPUTER. Hughes may check the version of the HughesNet Fusion software on your computer and, without any additional notice to you, may download and install on your computer updates to the HughesNet Fusion software. In addition, Hughes may check the health and status of your computer to ensure that your configuration is optimized for use with the Service.
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 family members residing at your permanent residence. 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 FUSION 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, 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 DISPUTE 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 BELOW SHALL ONLY BE DECIDED BY A COURT. THIS AGREEMENT TO ARBITRATE IS SUBJECT TO THE FEDERAL ARBITRATION ACT.
Arbitration means that any dispute 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.
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 Subscriber Agreement and will apply to any claims brought or disputes arising before or after termination of this Subscriber 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. Any former subscriber whose agreement terminated prior to the adoption of this provision shall be entitled to proceed under the terms of this Dispute Resolution and Binding Arbitration provision with respect to any disputes, controversies, or claims within the scope of this Section 5.1.
5.2 DISPUTE RESOLUTION AND ARBITRATION PROCEDURES.
Notice of Dispute. Prior to filing any claim against the other, you and Hughes agree that you will first send the other a written Notice of Dispute. Any Notice of Dispute to Hughes should be sent to: HughesNet Customer Service, 11717 Exploration Lane, Germantown, MD 20876 (the “Notice Address”). Any Notice of Dispute to you will be sent to your billing address. The Notice should describe the nature of the problem or dispute and set forth the specific relief sought, including the amount of any monetary damages sought. If the party receiving the Notice of Dispute agrees within 30 days to provide the specific relief requested in the Notice of Dispute, no formal claim may be filed with respect to the subject of the Notice of Dispute. If we are unable to reach an agreement to resolve the dispute within 30 days after the Notice of Dispute is delivered, either you or Hughes may commence an arbitration.
Arbitration Proceedings. Any arbitration between you and Hughes shall be administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes, 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 Commercial Arbitration Rules and its Supplementary Procedures for Consumer-Related Disputes 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.
If the arbitrator enters an award in your favor, you shall be entitled to an award of any reasonable attorney’s fees or other reasonable costs and expenses you incur in the arbitration; provided that, if the settlement or award in your favor is equal to or less than the amount of a written settlement offer made by Hughes prior to selection of the arbitrator(s), you shall only be entitled to an award of reasonable attorney’s fees or other reasonable costs and expenses you incurred up to the date of that written settlement offer. The foregoing right to an award of fees, costs, and expenses is in addition to, and does not limit, any such right you may have under the applicable law governing your claim.
Unless you and Hughes agree otherwise, any arbitration hearing will take place at a location convenient to you which is in or nearest to the county where you reside when the arbitration is commenced. If your claim is for $10,000 or less, you may choose to have the arbitration conducted in person or by phone, or you may choose to have the arbitration decided solely on the basis of documents submitted to the arbitrator without a hearing. If your claim exceeds $10,000, the right to a hearing will be determined by the applicable AAA Rules.
Arbitration Costs and Fees. Payment of a filing fee is required to commence an arbitration. If you commence an arbitration against Hughes pursuant to this Binding Arbitration clause, and the claim seeks $10,000 or less, Hughes will, at your written request, pay the filing fee directly to the AAA or, if you have already paid it, promptly reimburse you for the amount of the filing fee. In addition, for any arbitration initiated in accordance with this Binding Arbitration provision which does not exceed $10,000, Hughes will also pay all other arbitration fees and expenses imposed by the AAA, including administration and arbitrator fees. However, if the arbitrator finds your claim is frivolous or brought for an improper purpose, then Hughes may seek reimbursement of any AAA fees and expenses it has paid in your behalf. For any arbitration involving claim(s) for more than $10,000, payment of fees and costs shall be governed by the applicable AAA rules.
5.3 PROHIBITION ON CLASS ARBITRATION.
YOU AND HUGHES AGREE THAT NO DISPUTE OR CLAIM MAY BE BROUGHT OR MAINTAINED AS PART OF A CLASS ARBITRATION OR OTHER REPRESENTATIVE ARBITRATION, REGARDLESS OF WHETHER THE APPLICABLE ARBITRATION RULES WOULD OTHERWISE PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. ACCORDINGLY, 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 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 above, but subject to Section 5.3 above, you or Hughes may bring an individual action against the other in small claims court, and arbitration shall not be required as to any dispute relating to the validity or enforcement of either party’s patents, copyrights, or other intellectual property.
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 WISH TO RESOLVE DISPUTES WITH HUGHES THROUGH ARBITRATION. 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 Hughes will be governed by the Dispute Resolution and Binding Arbitration provision, or any equivalent provision, in effect as of the date you received notice of the change.
5.6 EXCEPTION TO SEVERABILITY.
Notwithstanding Section 21.1 below, if for any reason the prohibition on class proceedings set forth in Section 5.3 above is not enforced as written with respect to any dispute, then Section 5.1 above also will not apply to that dispute.
PART III – PAYMENT
6 FEES.
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, minimum charges, and other amounts charged to or incurred by you, or by users of your account, at the rates in effect for the billing period in which those amounts are charged or incurred. You agree to pay all applicable taxes and Universal Service assessments related to your use of the Service 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 Website, and you agree that this is sufficient notice for all purposes as to charges incurred and paid or to be paid to us. In addition, you also agree to pay a surcharge on your service to cover Hughes’ liability for the payment of personal property taxes which may be owing by Hughes in respect of the equipment provided pursuant to this Agreement. Hughes reserves the right to increase fees, surcharges, or monthly subscription fees, or to institute new fees at any time upon thirty (30) days’ prior notice. You understand and acknowledge that you may not receive a bill in the mail for your Service. Additional terms relating to pricing, billing and payment are set forth and available on the Website.
6.2 PAYMENT.
YOU MUST PROVIDE CURRENT, COMPLETE, AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION IN ORDER TO KEEP YOUR ACCOUNT CURRENT, COMPLETE, AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE). CHANGES TO SUCH INFORMATION CAN BE MADE AT www.myHughesNet.com. IF YOU FAIL TO PROVIDE US WITH ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT HUGHES MAY CONTINUE CHARGING YOU FOR ANY SERVICE PROVIDED UNDER YOUR ACCOUNT, AND THAT YOU WILL BE RESPONSIBLE FOR ANY LATE FEES ASSOCIATED WITH HUGHES’ INABILITY TO OBTAIN PAYMENT BASED ON BILLING INFORMATION YOU HAVE PROVIDED.
You agree that all charges are considered valid unless disputed in writing within fifteen (15) days after the date you receive your credit or charge card bill. You agree that Hughes 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.
In the event that you used a debit card to activate your subscription, you authorize Hughes to initiate debit entries to your checking or savings account, as the case may be, for payment of the monthly charge for the Service. Hughes, pursuant to this authorization, will debit the monthly service charge for the…[TRUNCATED – see CSV]