THIS SERVICES AGREEMENT (THIS "AGREEMENT") IS A LEGALLY BINDING AGREEMENT BETWEEN VIASAT, INC. (VIASAT) AND THE LEGAL ENTITY YOU REPRESENT ("YOU"). IF YOU USE OR ARE ENGAGING IN ACTIVITIES UNDER THIS AGREEMENT FOR A BUSINESS, COMPANY OR CORPORATE ENTITY ("COMPANY"), WHETHER AS AN EMPLOYEE OR CONTRACTOR, THE TERMS "YOU" AND "YOUR" INCLUDE, AND THE TERMS AND CONDITIONS HEREOF ARE BINDING ON, COMPANY. YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY, AND THAT SUCH COMPANY HAS AUTHORIZED YOU TO ACCEPT THE TERMS OF THIS AGREEMENT ON ITS BEHALF.

VIASAT IS WILLING TO PROVIDE VIASAT MOBILE SATELLITE SERVICES ("SERVICES") AND ACCESS TO THE SUBSCRIBER AND PARTNER PORTAL (ALSO DEFINED BELOW) INCLUDING A NON-EXCLUSIVE LICENSE TO USE OUR API’S AND PUBLISHED DOCUMENTATION TO CREATE YOUR APPLICATION THAT YOUR END USERS CAN USE, ONLY ON THE CONDITION THAT YOU ACCEPT, AGREE TO AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, WHICH ARE POSTED AT HTTPS://MY.MSS.VIASAT.COM/LEGAL/SERVICE-AGREEMENT, AND ANY OTHER, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. BY CLICKING THAT YOU ACCEPT THESE TERMS OR BY SUBSCRIBING TO SERVICES USING THE SUBSCRIBER AND PARTNER PORTAL, YOU ACKNOWLEDGE AND AGREE, THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, VIASAT IS UNWILLING TO AND DOES NOT AND WILL NOT MAKE THE SERVICES OR ANY PORTION THEREOF AVAILABLE TO YOU. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS AND YOU SHALL NOT, AND SHALL ENSURE THAT YOUR SERVICE PARTNERS, SUBSCRIBERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AUTHORIZED REPRESENTATIVES SHALL NOT, USE THE SERVICES OR USE ANY PART OF THE SUBSCRIBER AND PARTNER PORTAL TO SUBSCRIBE TO THE SERVICES, EVEN IF YOU OR YOUR SERVICE PARTNERS, SUBSCRIBERS, EMPLOYEES, AGENTS, CONTRACTORS, OR AUTHORIZED REPRESENTATIVES HAVE HAD THE OPPORTUNITY TO DO SO. ANY USE, POSSESSION OF, OR ACCESS TO THE SERVICES, OR ANY PORTION THEREOF, BY YOU, IS SUBJECT TO THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT.

Section 1. Introduction.

Viasat operates a Subscriber and Partner Portal for the purpose of Subscribers managing their Subscription Services Account (defined herein) for use of Viasat's proprietary Mobile Satellite Services, ("Viasat MSS" or "Services").

PLEASE READ THIS AGREEMENT CAREFULLY. The Services that you subscribe to through our Subscriber and Partner Portal are governed by this Agreement. This Agreement does not alter in any way the terms or conditions of any other written or online terms and conditions or agreements you may have with Viasat, its MSS Partners, or a Service Partner, for the purchase of Equipment and/or Subscription to the Services ("Service Partner Agreement"). This Agreement contains important contract rights and obligations between you and Viasat, as well as important limitations on those rights. If you have entered into a separate Service Partner Agreement with Viasat, this Agreement is deemed an addendum to your Service Partner Agreement, and any use of the Services by you or sale of the Services to your Service Partners or Subscribers is also subject to the terms and conditions of such Service Partner Agreement.

Section 2. Definitions.

“Activation Date” is defined in Section 3.2.

“API” means an application program interface.

“Change of Control” means the: (i) sale, issuance or transfer by a Service Partner or any of its equity holders in one or a series of related transactions of a Service Partner's voting securities controlling 50% or more of the voting power of a Service Partner; (ii) the sale (in one transaction or in a series of related transactions) of all or substantially all of the Service Partner's assets or business; (iii) any merger, consolidation, business combination or other similar transaction (or series of transactions) in which the holders of a Service Partner's voting equity securities prior to the transaction(s) do not control fifty percent (50%) or more of the voting power of the resulting entity.

“Changes” is defined in Section 10.1.

“Confidential Information” is defined in Section 9.

“Early Termination Fee” is defined in Section 7.2.

“Effective Date” means the date upon which you accepted this Agreement, whether by clicking that you accept these terms, by using the S&P Portal, activating a Subscription, or using an electronic or physical signature.

“Equipment” means Viasat MSS devices, device software, and device accessories activated to receive the Services.

“Force Majeure” means a condition whereby Viasat is unable to perform or is hindered in its performance of any of its obligations because of atmospheric, space or near space adverse conditions (including without limitation severe weather, solar flares, radiation interference, meteor space objects, or other physical interference), natural disasters, Acts of God, terrorism, riots, wars, governmental action, natural or man-made structures or obstacles that totally or partially obscure transmitting or receiving antennas, or any other event beyond its reasonable control.

“Governmental Authorities” means all international, foreign, United States, state and local governmental authorities, regulatory bodies and courts having jurisdiction over either of the Parties and/or the terms of these Terms of Use.

“Help Center” is defined in Section 5.2.

“Laws” means all applicable laws, rules, regulations, statutes, orders and ordinances of all Governmental Authorities.

“Losses” means any and all losses, costs, expenses, liabilities, and damages reasonably incurred resulting from, or relating to, any claim, demand, settlement, litigation or final judgment, and all related reasonable and documented costs and expenses, including without limitation, reasonable and documented attorneys' fees, fines, interest, and penalties.

“Minimum Service Term” is defined in Section 3.2.

“MSS Partners” means third party entities that have been authorized by Viasat through a separate written agreement by and between such third party entity and Viasat to host, facilitate or enable the Viasat MSS network or service. For avoidance of doubt, Service Partners are not MSS Partners.

“Optional Services” means a service (including, without limitation, the provision of hardware) that: (i) is reasonably related to the provisioning of Services, or that utilizes any of the Services, (ii) may be subject to additional fees and charges such as monthly or one-time service fees, or government taxes, fees and surcharges, and (iii) is provided by Viasat, its MSS Partners, or its authorized service providers.

“Overage” means usage in excess of the usage allowance under a Subscription.

“Party” means each of Viasat and you, the Subscriber individually.

“Parties” means, collectively, Viasat and you, the Subscriber.

“PCI Data” means data, including, without limitation: (i) credit card primary account number, and (ii) cardholder name, card service code, or card expiration date when combined with the primary account number.

“Personally-Identifiable Information” means: (i) a Subscriber's name, address, email address, social security number, driver's license number, state identification number, financial account number or bank routing number when combined with financial account number; (ii) the Plan subscribed for by, and user name and password of, a Subscriber; (iii) a Subscriber's utilization and trending data; or (iv) all information stored by a Service Partner for its Subscribers, ends users, or sub-distributors or by Viasat for Subscribers. Personally-Identifiable Information shall not include information that a Subscriber places or otherwise makes known (e.g., via a hyperlink) on a website or webpage generally available to the public.

“Plans and Pricing Sheet” means the then-current Service Plans, Optional Services, and Rates published on the S&P Portal at https://my.mss.viasat.com/#!/service-plans and/or otherwise provided in writing by Viasat, or by a Service Partner to its Subscribers, as applicable. To view the Plans and Pricing Sheet through the S&P Portal, you will need to obtain and setup S&P Portal Account which you may request by calling +1-866-862-9624 or +1-760-513-6900 or emailing sales@mss.viasat.com.

“Push-to-Talk Service” means voice coded data and associated IP, TCP and/or UDP headers transmitted over the Service. Push-to-Talk Service does not include any other protocols, services, or applications.

“Rates” means the applicable prices in connection with Service Plans, as set forth in the applicable Plans and Pricing Sheet and/or Service Partner Agreement, if applicable.

“Resale Rates” means the applicable subscription service Rates, as determined by the Service Partner, if applicable.

“Service Partner” means a Subscriber who has purchased a Subscription(s) to Services in furtherance of direct resale to other Subscribers, regardless of whether such other Subscribers are end users or sub-distributors. For avoidance of doubt, a Service Partner is not an MSS Partner.

“Service Partner Agreement” is defined in Section 1.

“Service Plan” means the active plan(s) for Services available to you for subscription, including associated duration, usage allowance, and pricing, as set forth on the Plans and Pricing Sheet.

“Service Plan Changes” is defined in Section 10.1.

“Subscriber” means a Company, Service Partner, agent, sub-distributor, end user, customer, or other person or entity who has been documented in Viasat’s systems and has at least one active Subscription.

“Subscriber and Partner Portal” or “S&P Portal”means Viasat's web-based support portal, or any successor support portal thereto, that Viasat may make available to you in Viasat's sole discretion, in which you may manage your Equipment and Services.

“Subscriber and Partner Portal Account” means a single sign-on account used to manage your Services and Equipment. This account is granted to approved individuals to allow purchasing, activation, and modification of Services and Equipment, viewing of billing information, and viewing of the Viasat MSS status.

“Subscriber Information” is defined in Section 9.2.

“Subscription” means activation of Services by you for one or more Terminals with the same Service Plan and any Optional Services assigned to each of those Terminal(s), including associated duration and usage allowance.

“Subscription Services Account(s)” or “Account(s)” means the account or accounts established by your Company or authorized Company representative to manage all Subscriptions for Services for your Company. This account is different than your individual Subscriber and Partner Portal Account.

“Subscription Usage Allowance” is defined in Section 3.4.

“System” means the Viasat MSS communications system between the point of the Subscriber data ingress/egress at Viasat's terrestrial interface and the point of the data ingress/egress at the Subscriber-owned Equipment underlying the Services.

“System Availability” is calculated on a carrier-hour basis which shall not include (a) outages due to scheduled or emergency maintenance, (b) outages due to Force Majeure, (c) outages due to, in whole or part, any Subscriber or third-party equipment or applications and (d) outages outside the System as defined above. The System is designed to provide a minimum availability of 99.9% calculated over 12 months.

“Term” is defined in Section 4.

“Terminal” means the Viasat MSS device activated to receive the Services.

“Terms of Use” means the terms of use governing your access to and use of the S&P Portal to which you agreed prior to accessing the S&P Portal.

“Transferring Subscription” is defined in Section 3.5.

“Upgrade” or “Upgraded” means the change from a lower-hierarchy Subscription price plan to a higher-hierarchy Subscription price plan.

“Viasat”, “we”, “our”, or “us” means Viasat, Inc.

“Viasat Mobile Satellite Services” or “Viasat MSS” or “Services” means Viasat's proprietary mobile satellite service.

Section 3. Subscriptions.

3.1 General. The Services are provided subject to the Service Availability set forth in Attachment A. Your sole remedy for outages is set forth in Attachment A.

3.2 Minimum Service Term; Automatic Renewal. You are required to commit to a minimum service term for each Subscription ("Minimum Service Term"). The Minimum Service Term begins on the date that the first Terminal is activated under the Subscription ("Activation Date") and continues for a period of at least one (1) year thereafter as set forth in a Subscription. For the purpose of establishing the Activation Date, UTC will be used. Preferably, the creation of the Subscription should be performed on the 1st day of the month. The Subscription automatically renews at the end of the Minimum Service Term and continues until the Subscription is Upgraded or deactivated, until this Agreement is terminated, or until the end of the Maximum Service Term (as defined below). The maximum service term for each Subscription shall be three (3) years from the Activation Date (the “Maximum Service Term”), provided that the Maximum Service Term shall automatically extend for an additional twelve (12) months (the “Renewal Term”), and will continue to automatically renew for additional twelve (12) month terms, at the end of any Renewal Term, unless either Party provides written notice of its desire to not renew (a “Non-Renewal Notice”) at least ninety (90) days in advance of the end of the Maximum Service Term or Renewal Term. You must inform Viasat at least thirty (30) days prior to the renewal of a Minimum Service Term if you are deactivating the Subscription. If you deactivate your Subscription or terminate this Agreement prior to the expiration of a Minimum Service Term, you will owe the Early Termination Fee described below and/or any other fee described in this Agreement applicable to the Service(s) you are receiving.

3.3 Adding Terminals into an Existing Subscription. You may add Terminals to an existing Subscription. Activation of additional Terminals under a Subscription at a date after the Activation Date does not change the Activation Date or alter the Minimum Service Term.

3.4 Subscription Usage Allowance. Each Subscription is assigned a usage allowance ("Subscription Usage Allowance"). Subscription Usage Allowance is either i) specified on the Plans and Pricing Sheet for the Service Plan associated with a Subscription, or ii) calculated by pooling the usage allowance of each Terminal’s Service Plan, as specified on the Plans and Pricing Sheet, for all Terminals activated under the same Subscription.

3.5 Movement of a Terminal from one Subscription to Another Subscription. You are permitted to move a Terminal from one of your active Subscriptions ("Transferring Subscription") to another of your active Subscriptions; however, regardless of moving the Terminal from the Transferring Subscription, the Subscription Usage Allowance and pricing of the Transferring Subscription will remain unchanged through the end of the Minimum Service Term.

3.6 Deactivation of a Terminal from an Active Subscription. You are permitted to deactivate a Terminal from an active Subscription; however, regardless of deactivation, the Subscription Usage Allowance and pricing will remain unchanged through the end of the Minimum Service Term.

3.7 Subscription Pricing Commitment. Once a Subscription has been created there will be no changes to the pricing of that Subscription during the Minimum Service Term provided that at least one (1) Terminal is activated under that Subscription. In the event that published service pricing changes occur during the Minimum Service Term, said changes will go into effect at the time of renewal in accordance with Section 7.4 Changes to Service Plans, Optional Services, and Rates.

Section 4. Term.

The Term of this Agreement begins on the Effective Date and continues indefinitely unless terminated as provided under Section 10 of this Agreement.

Section 5. Viasat Policies and Permitted Uses and Restrictions.

5.1 Network Management Practices. Viasat's Mobile Satellite Services is a shared network; at any given time, Subscribers within a given geographic area must share available network capacity. Viasat aims to provide each Subscriber with a fair share of that capacity, while providing all Subscribers with a high-quality experience. To achieve these goals, Viasat is developing network management practices designed to prevent any Subscriber from placing a disproportionate demand on network resources. Certain of these practices will be used only when the Service is congested; others will be used more generally. Even with these network management practices, traffic levels depend on other users and your network capacity may be impacted based on other users' performance.

5.2 Support. Either Viasat and/or Viasat's designee(s) shall operate an online help center for the benefit of its Service Partners in accordance with information and instructions set forth on the S&P Portal ("Help Center"). Each Service Partner shall operate an online help center for the benefit of its Subscribers, shall provide its Subscribers and Viasat with accurate contact information for its customer support, and shall direct its Subscribers to exclusively use such customer support contact information for support. In addition to (and without limitation of) the foregoing, each Service Partner shall use commercially reasonable efforts to prevent its Subscribers from attempting to contact Viasat directly. Each Service Partner agrees that Viasat (or its designee) may (but shall not be obligated to) direct all calls and other inquiries received by Viasat from the Service Partner's Subscribers to the Service Partner's customer support telephone number and/or website. If the Help Center is receiving an unreasonable number of calls or contacts from the Service Partner's Subscribers, Viasat may charge a service fee in accordance with the Plans and Pricing Sheet. Each Service Partner acknowledges and agrees that Viasat shall have no obligation to accept or otherwise handle any calls or other inquiries from the Service Partner's Subscribers and shall have no liability to a Service Partner or its Subscribers whatsoever with respect to any such calls or other inquiries.

5.3 S&P Portal. Viasat may, in its sole discretion, make the S&P Portal (or one or more portions or pages thereof designated by Viasat from time to time in its sole discretion) available for use by Subscribers and Service Partners. The S&P Portal and any other online tools provided by or on behalf of Viasat in connection with this Agreement are provided on an "as is" basis with no guarantee or warranty whatsoever, whether express or implied. Viasat may discontinue, add to or revise any or all aspects of the S&P Portal in its sole discretion and without notice, including, without limitation, access to support services, publications and any other products or services ancillary to the S&P Portal and/or Service. You acknowledge and agree that by accessing and using the S&P Portal, you are agreeing to the separate Terms of Use provided through the S&P Portal as they exist on the date of your access. If you do not agree to the Terms of Use, you may not and should not use the S&P Portal.

5.4 Privacy. Please view our Privacy Policy, which can be found at https://my.mss.viasat.com/legal/privacy-policy. The Privacy Policy is drafted in compliance with domestic and international laws, rules and regulations and explains Viasat's practices relating to the collection and use of your information through or in connection with the Services. Viasat's use of your information is governed at all times by our Privacy Policy. You understand that through your use of the Services you consent to the collection and use of this information (as set forth in the Privacy Policy). If you do not agree to the terms of this Privacy Policy, please do not use the Services.

5.5 Accuracy of Information. Whenever you provide us information regarding your Account, you agree to: (a) provide true, accurate, current and complete information and (b) maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is, or we have reasonable grounds to suspect that the information is, untrue, inaccurate, not current or incomplete, Viasat will make reasonable efforts to notify you and provide thirty (30) days’ notice to cure but reserves the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Services (or any portion thereof) if the inaccuracy is material or if you fail to correct the inaccuracy or submit inaccurate information again after the cure period has elapsed.

5.6 Unauthorized Use of Services or Equipment. You are considered the registered recipient of the Service, and you will be liable for any charges or fees incurred by the use of the Service under your Account by anyone else up to the time that we receive your notice of termination, unless otherwise provided by applicable law. You are responsible for any misuse of the Services, or your Equipment, even if the misuse was committed by an employee, co-worker, agent, consultant, contractor or other individual with access to your Subscription Services Account or Subscriber and Partner Portal Account. If your Equipment is stolen or otherwise removed from your premises without your authorization, you must notify the Service Partner from whom you purchased the Equipment or Services or the Help Center immediately, or else you will be liable for payment for unauthorized use of the Services or Equipment.

5.7 Security. You agree to take reasonable measures to protect the security of any devices and/or applications you use to access the Services or use to connect to the internet through the Services, including, without limitation, maintaining at your cost an up-to-date version of anti-virus and/or firewall software to protect your devices 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 or an internet-connected device becomes infected and causes any of the prohibited activities listed in the Acceptable Use Policy, Viasat may immediately suspend your access to the Services until such time as your computer or internet-connected device is sufficiently protected to prevent further prohibited activities. Although Viasat has no obligation to monitor the Services or its network, Viasat and its authorized suppliers reserve the right to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, identify violations of this Agreement, or protect the Viasat network and other users of the Services. 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 access the Services, including, without limitation, the security of any data stored or shared on such device(s).

5.8 Restrictions.

i. Viasat makes no representation that all products, services and/or material described or offered through the Services are appropriate or available for your use. Those who choose to utilize the Services do so on their own initiative and are responsible for compliance with all applicable laws. Viasat reserves the right, in its sole discretion, to suspend, terminate, or otherwise deny access to the Services if Viasat reasonably believes a Subscriber's use of the Services may result in violation of applicable laws in which the Services may be available.

ii. Your use of the Services is subject to United States, European Union, or other sanctions and export laws and regulations, and any applicable local laws or regulations. You represent that you are not a prohibited end user under applicable laws, regulations, and lists including, but not limited to, the U.S. Treasury Department list of Specially Designated Nationals or Blocked Persons and the European Union Consolidated List of Persons, Groups and Entities subject to EU Financial Sanctions and you will not use this service in any manner that would violate applicable law.

5.9 Equipment. The terms of sale applicable to the Equipment are governed by your purchase agreement or other documents evidencing such sale. In addition, the Equipment contains software and/or other intellectual property which is subject to a license agreement(s). Any breach of such license agreement(s) constitutes a breach of this Agreement.

5.10 Non-Exclusivity. Viasat reserves the right to sell Services without restriction and to appoint additional Service Partners, resellers, distributors, sales representatives, and consultants with a right to sell or offer for sale any or all of the Services.

5.11 Continued Service. In the event the Service Partner from whom you purchased the Services is no longer able to provide Services to you, Viasat or its MSS Partners will provide you with the option to (a) discontinue Service, or (b) continue receiving the Service under the then current terms, conditions, policies and rates set forth on the S&P Portal, or any successor website.

Section 6. Liability for Service Partner’s Subscribers.

Each Service Partner acknowledges and agrees that: (a) purchases made by its Subscribers on or through the S&P Portal shall for all purposes be considered transactions between the Service Partner and its Subscribers subject to the terms and conditions of the agreement(s) entered into between the Service Partner and its Subscribers subject to the terms and conditions of the agreement(s) entered into between the Service Partner and its Subscribers, (b) each Service Partner shall be responsible for all transactions, if any, effected by its Subscribers on or through the S&P Portal, and (c) each Service Partner shall at all times take reasonable steps to ensure that its Subscribers do not violate Viasat’s Acceptable Use Policy (attached hereto as Attachment B). In addition to (and without limitation of) the foregoing, each Service Partner shall cooperate and implement such response and reporting procedures as may be requested by Viasat from time to time in connection with violations by its Subscribers of Viasat’s Acceptable Use Policy. Accordingly, each Service Partner shall indemnify, defend, and hold Viasat, its affiliates, and its and their officers, directors, employees, partners, shareholders, and agents, harmless from and against any and all Losses that arise out of, or are connected to, any and all transactions described in this Section.

Section 7. Payment and Pricing.

7.1 Precedence of Other Service Partner Agreements.

Payments and pricing for Subscriptions will be subject to additional terms relating to pricing, billing, and payment which are an integral part of your Service Partner Agreement, if any.
SUBSCRIBERS WILL BE BILLED BY THE SERVICE PARTNERS FROM WHOM THEY PURCHASED SERVICES.

7.2 Payments

i. General. You agree that we will bill your monthly Services fee (or the full amount of your Services in the event you desire a pre-paid Service Plan) and one time charges in advance and will bill other fees in arrears such as, for example, fees to buy more data or Overages. We will send your billing statements to the email address or mailing address designated in your Account to receive invoices, 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. All payments made under this Agreement will be in US Dollars.

ii. Commencement and Due Date of Fees. You acknowledge that Subscription payments are due at the first of each month and shall incur a late fee if not paid by the end of each month that you are a Subscriber, beginning on the Activation Date. For clarification, monthly billing shall include the base Subscription for the current month for all active units, any overage for said units from the previous month, proration for activation or deactivation within the previous month, and any credits or fees applied to your account. The billing for a Subscription, including Optional Services, if any, commences on the Activation Date. If an additional Terminal is activated and pooled in an active Subscription after the first day of any billing period, the Subscription Usage Allowance and Subscription price are recalculated as of the date of the new Terminal activation, Subscription charges are prorated only for the billing period in which the Terminal is activated based on the date of the new Terminal activation, and these adjusted Subscription charges will appear on your next billing statement. In addition, we may bill you for some aspects of the Services individually after they have been provided to you; these include charges to buy more data for your Services.

iii. Usage Allowance and Overages. Unused usage allowance, if any, will expire at the end of the month and will not be carried forward to the next month. Usage in excess of the usage allowance ("Overage") will be billed over and above the monthly Subscription fee at the price specified in the Plans and Pricing Sheet. Overage charges are pro-rated to increments of a Byte and calculated monthly.

iv. Upgrades. Upgrade refers to a change to a Subscription from a lower-hierarchy Service Plan to a higher-hierarchy Service Plan. The Upgrade will be performed on the 1st of the month following the receipt of the request. There is no pro-ration of monthly Subscription fees and usage allowance (if any). There is no administrative charge for Upgrade requests. If you Upgrade by moving some or all of the devices from a current Subscription to a new Subscription, the new Subscription will, at Subscriber’s option, either retain the Activation Date and remainder of the Minimum Service Term of the current Subscription or acquire the Activation Date and Minimum Service Term of the new Subscription. If you Upgrade by moving some or all of the devices from a current lower-hierarchy Subscription to a current higher-hierarchy Subscription, each of the current Subscriptions will retain its Minimum Service Term. You may not suspend or downgrade your Subscription.

v. Billing and Charges. You agree to pay, in accordance with the provisions of the Service Plan(s) and any Optional Services to which you subscribed, any registration, activation or monthly fees (including, without limitation, any applicable discounts), technical support, value added services, service charges, minimum charges and other amounts charged to or incurred by you, or by users under 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 foreign, national, state and local taxes, fees and surcharges related to your use of the Services, provision of services, software or hardware or the use of the Services by users under your Account. Viasat reserves the right to correct and charge under-billed or unbilled amounts for a period of ninety (90) days after (i) any incorrect statement was issued or (ii) a statement should have been issued. Payment of the outstanding balance is due in full each month.

vi. Duration of Fees. Your Account will continue until you cancel your Account in accordance with the method or methods specified by us (unless otherwise terminated in accordance with this Agreement). Viasat reserves the right to terminate Service for non-receipt of payment upon thirty (30) days written notice not-withstanding any previous practice extending a payment grace period. As stated above, you may cancel your Account at any time, subject to payment of the Early Termination Fee and/or any other applicable fee.

vii. Overdue Amounts. All overdue amounts under this Agreement shall be subject to a late payment charge of one and one-half percent (1-1/2%) per month, or the legal maximum interest rate, whichever is less, plus reasonable collection charges including attorneys' fees. You waive and forgo any right which you may have to set off any payment obligation.

viii. Service Credits. All credits, if any, shall be determined in accordance with Attachment A and shall be processed in as expeditious a manner as reasonably possible.

ix. Payment Authorization. All amounts payable to Viasat by you hereunder or in connection with this Agreement may be collected either by Viasat directly or by a third-party payment processor, as determined in Viasat's sole discretion.

x. Payment Methods. Payments shall be made in accordance with the payment instructions found at the S&P Portal Help Center under the heading “How do I make my invoice payments to Viasat?”. The payment instructions are available to you upon establishment of your Subscription Services Account(s) and your S&P Portal Account(s) which you may request by calling +1-866-862-9624 or +1-760-513-6900 or emailing billing@mss.viasat.com.

xi. EFT Payment and/or Card Payment Authorization. If you choose to pay all or any portion of your invoice using electronic funds transfer out of your bank account (“EFT Payment”) or a credit card or debit card (“Card Payment”), you authorize us to initiate an EFT payment or charge your credit card or debit card. Each time you provide Viasat with an EFT Payment, you consent to Viasat verifying with a consumer reporting agency that the bank account you have provided is valid, available and acceptable to Viasat for electronic payments on your billing account. 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) and contact email address. If you fail to provide us with any of the foregoing information, you agree that Viasat may continue charging you for any Services provided under your Account. In addition to administrative fees that you may owe, if we are unable to process your EFT Payment or Card Payment at any time and we do not receive electronic payment from you by the due date, your Account may be suspended upon thirty (30) days written notice to you and you will remain responsible for all amounts payable by you to us. If we do not receive your payment before your next statement is issued, your Account may be terminated and you may owe us the Early Termination Fee and/or any other applicable fee. You agree that Viasat 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 any charge made under this Agreement.

xii. Billing Errors, Partial Payments and Collections. If you think a charge is incorrect or you need more information on any charges applied to your Account, you should contact us by calling Viasat at +1-866-862-9624 or +1-760-513-6900 or emailing billing@mss.viasat.com. You must contact us within 60 days of receiving the statement on which the error or problem appeared. We will make a statement available to you for each billing cycle showing payments, credits, purchases and other charges. We 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 amount. If you send us checks or money orders marked "payment in full" or otherwise labeled with a similar restrictive endorsement, we may, but are not required to, accept them, without waiving any of our rights to collect all amounts owed by you under this Agreement. If we choose to use a 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, without limitation, collection agency fees, reasonable attorney's fees, and court costs.

xiii. Reactivation. To reactivate suspended Services, you must bring your Account current through the month of reactivation by making payment in full of any outstanding balance, fees and other applicable charges. In addition, we may require a deposit before reactivating your Service. The amount of the deposit will not exceed one year of monthly fees. Any 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 will not earn or accrue interest.

xiv. Credit Inquiries and Reporting. You authorize us to make inquiries and to receive information about your credit experience from others, including, without limitation, credit reporting agencies, to enter this information in your file and to disclose this information concerning you to third parties for reasonable business purposes. In the case of late payment or non-payment for any 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.

xv. Early Termination Fee. If you cancel a Subscription prior to completion of a Minimum Service Term, the monthly fees shall continue to apply for any months after the billing month in which you cancel or terminate your Subscription in accordance with these terms and conditions, for a number of months equal to the number of months left in your Minimum Service Term ("Early Termination Fee").

7.3 Pricing.

i. General. We shall have the sole right to establish all monthly Rates for the Services. Service Partners will be responsible for establishing Resale Rates for its Subscribers.

ii. Amounts Payable by Service Partners. Each month during the Minimum Service Term, you shall pay, regardless of the amounts charged to or collected by you from your Subscribers, if any, all amounts due for Services provided to you and your Subscribers, if any, during the preceding month, as calculated based on the Rates set forth in the Plans and Pricing Sheet or as otherwise agreed between you and Viasat. You shall be obligated to pay all such amounts irrespective of whether the Services for you or any of your Subscribers, if any, have been suspended by you or Viasat in accordance with a Service Partner Agreement, this Agreement or Viasat policies. Your failure to timely remit payment to Viasat shall constitute a material breach of this Agreement.

iii. Amounts Payable to Service Partners. Subject to the terms and conditions of this Agreement and the Plans and Pricing Sheet, each Service Partner shall have the right to establish: (a) all monthly service fees to be charged to its Subscribers for the Services, and (b) any additional fees or other charges charged to its Subscribers for the Services. Each Service Partner shall timely bill and collect from each of its Subscribers all applicable sales and use taxes and any other applicable federal, state, and local taxes or similar fees with respect to the provisioning of the Services. Each Service Partner shall timely remit such taxes and fees to the proper Governmental Authorities. Each Service Partner agrees to indemnify, defend, and hold Viasat, its affiliates, and its officers, directors, employees, partners, shareholders, and agents, harmless from and against any and all Losses that arise out of, or are connected to, the Service Partner’s failure to remit any applicable taxes and fees in full to the proper Governmental Authorities.

7.4 Changes to Service Plans, Optional Services, and Rates.

Viasat may change the Service Plans, Optional Services, and Rates published on the Plans and Pricing Sheet from time to time in our sole discretion by giving you thirty (30) days’ written notice of any such change. Changes shall be effective on the date following the last day of such thirty (30)-day notice period and shall apply to all newly activated or automatically renewing Terminals and Subscriptions on or after such date. In the event that you do not consent to the updated Plans and Pricing Sheet, you shall notify us of your objection to the change. If the parties fail to negotiate an agreed Plans and Pricing Sheet within sixty (60) days of such notice, Viasat may terminate this Agreement by providing you fifteen (15) days’ prior written notice of termination; prior to the effective date of any such termination, the original Plans and Pricing Sheet shall remain in effect.

7.5 Optional Services.

Viasat and other third parties may offer Optional Services, including but not limited to Push-to-Talk service, Differential Global Positioning System service, and/or Location Service. Availability, security, speed, timeliness, accuracy and reliability of these Optional Services are not guaranteed. Subscribers to the Optional Services must comply with all applicable privacy, consumer data and protection laws, marketing and data best practices, and all laws that apply to collecting, accessing, storing, processing, using, disclosing and securing user data, including any obligations to notify and obtain consents of users regarding any of your access to users’ personal information. Without limiting any other payment and pricing requirements set forth or incorporated herein, Subscribers to the Optional Services may be invoiced an additional charge(s) for governmental fees such as the Universal Service Fund.

7.6 Suspension or Termination of Subscribers.

Subject to and in accordance with the terms and conditions of this Agreement, you shall pay any and all amounts due hereunder during any period in which you are in breach or default of this Agreement. The provisions of this Section 7.6 are without prejudice to any other rights and remedies that we or our MSS Partners may have under this Agreement or otherwise, and shall survive expiration or termination of this Agreement. In addition to (and without limitation of) any other rights and remedies available to us or our MSS Partners, all amounts due or payable to hereunder shall immediately become due to if this Agreement expires or if you terminate this Agreement for any reason.

7.7 Offsets.

We shall have the right, but not the obligation, to set off or offset any amounts owed by you to us against amounts we owe to you to the extent we deem necessary in order to protect ourself from any loss, damage, or expense relating to or arising out of your performance, or in response to any claim or threatened claim of which we become aware concerning you or the performance of your duties, including, without limitation, amounts credited by us to any current or past Subscriber as a result of your failure to comply with your obligations under this Agreement.

Section 8. Disclaimer of Warranties

YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK. VIASAT AND VIASAT'S SUBSIDIARIES AND AFFILIATES; AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS SHAREHOLDERS, EMPLOYEES, OR AGENTS (COLLECTIVELY “VIASAT’S REPRESENTATIVES”); AND VIASAT’S MSS PARTNERS DISCLAIM ANY AND ALL WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE AS WELL AS ANY AND ALL WARRANTIES AS TO THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES INCLUDING, WITHOUT LIMITATION, ANY MINIMUM UPLOAD OR DOWNLOAD SPEEDS. THE SERVICES ARE DISTRIBUTED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, 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. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY VIASAT OR ANY OF VIASAT'S REPRESENTATIVES OR MSS PARTNERS SHALL CREATE A WARRANTY; NOR SHALL YOU RELY ON ANY SUCH INFORMATION OR ADVICE. BECAUSE VIASAT PROVIDES SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE CONTENT AVAILABLE ON PUBLIC AND PRIVATE NETWORKS, VIASAT AND VIASAT'S REPRESENTATIVES OR MSS PARTNERS CANNOT AND DO NOT WARRANT THE ACCURACY OF ANY OF THE INFORMATION YOU OBTAIN THROUGH THE SERVICES. VIASAT AND VIASAT'S REPRESENTATIVES OR MSS PARTNERS SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM YOUR USE OF THE SERVICES. 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 CONCERNING EQUIPMENT PURCHASED BY YOU GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU ALSO MAY HAVE OTHER RIGHTS THAT VARY BY JURISDICTION.

Section 9. Confidentiality

9.1 Confidential Information. You agree that you will receive, or have received, confidential information about Viasat, its MSS Partners, and its business, including, without limitation, the terms and conditions of this Agreement, service and sales methods, strategies and plans, costs and other non-public information ("Confidential Information"). You agree not to directly or indirectly disclose, divulge, reveal, report, publish, transfer or use any Confidential Information except to the extent necessary to carry out your obligations under this Agreement. You shall maintain all Confidential Information in accordance with all Laws and shall be responsible for the security of any and all such information in your possession.

9.2 Subscriber Information. Each Service Partner shall treat all Personally-Identifiable Information and PCI Data of its Subscribers ("Subscriber Information") as confidential. With respect to information obtained from any source about its Subscribers, each Service Partner shall comply with Viasat's Privacy Policy available at https://my.mss.viasat.com/legal/privacy-policy (or any successor website thereto) or otherwise made available to the Service Partner by Viasat from time to time. Viasat shall have the right to use Subscriber information for any of the following purposes: (i) to optimize, troubleshoot, measure, monitor, and protect the performance of its network; (ii) for aggregated or anonymized data analyses; (iii) to respond to legal processes (e.g., a subpoena or court order); (iv) to comply with any and all Laws; and (v) to otherwise protect Viasat's rights in the event of any litigation involving Viasat.

9.3 Security Policies. You shall promptly notify Viasat in writing, but no later than one business day after discovery thereof, of any known or suspected security breaches of your system or facilities containing Confidential Information, Subscriber Information or any other release of or unauthorized access to Confidential Information. You shall: (i) cooperate with Viasat and law enforcement in the preparation and transmittal of any notice which Viasat may deem appropriate or required by law, to be sent to you or your Subscribers, if any, or other affected third parties regarding the known or suspected security breach, and (ii) take reasonable and appropriate remedial actions with respect to the integrity of your security systems and processes. In addition to (and without limitation of) the foregoing, if you caused the unauthorized access, you shall pay for Viasat’s out-of-pocket expenses and Losses arising out of the unauthorized access. If you contributed to, but did not cause, the unauthorized access, you shall contribute on an equitable basis to Viasat’s out-of-pocket expenses and Losses arising out of the unauthorized access.

Section 10. Modifications, Rights of Cancellation or Suspension, and Termination.

10.1 Modification of this Agreement. In addition to modifications permitted under Section 7.4 (which shall be governed by such Section), Viasat may amend this Agreement, including, without limitation, our monthly payment and billing terms ("Changes") upon notice published on the S&P Portal and/or by e-mail or other electronic notice. Modifications shall be effective immediately upon notification by Viasat, unless Viasat notifies you of a different effective date; provided, however, that Viasat shall use commercially reasonable efforts to provide you with notice of any such modifications thirty (30) days or more prior to the effective date of the modified Agreement. In the event you do not consent to the modifications, you must notify Viasat in writing. Your continued use of the Service beyond the effective date of any Changes, or purchase of a new Subscription under your Account, is acceptance of such modifications. Notwithstanding this provision, if we make any changes to the dispute resolution provision of this Agreement, such changes will not affect the resolution of any disputes that arose before such change.

10.2 Termination or Suspension by Viasat. Viasat reserves the right, in our sole discretion, to terminate this Agreement or any Subscriptions, deactivate any individual Terminals, or suspend immediately your access or access by a user under your Account, to the Services, if you, or any such user under your Account, (i) knowingly or otherwise engage in any prohibited activity, as described in the Acceptable Use Policy, or if you use the Equipment or Services in a way which is contrary to any policy of Viasat or its MSS Partners; (ii) makes any misrepresentation as to Viasat, or (iii) materially breaches this Agreement; provided that Viasat will not terminate a Subscription, deactivate any individual Terminals or suspend access to the Services by your Subscribers that are not in violation of 10.2(i)-(iii). With respect to 10.2(i), Viasat may provide you with a notice of a Policy violation via e-mail or otherwise allowing you to promptly correct such violation; however, Viasat reserves the right to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped or when Viasat reasonably determines it is necessary for proper enforcement of the Policy. With respect to 10.2(ii)-(iii), Viasat will provide notice of such breach and allow you up to thirty (30) days to cure such breach. If we terminate this Agreement or any Subscription, deactivate any individual Terminals, or suspend your access to the Services because you have or a user of your Account has breached this Agreement or violated a law, then notwithstanding the termination this Agreement or any Subscription, deactivation of any individual Terminals, or suspension of access to the Services, you will remain responsible for all payment and other obligations under this Agreement, including, without limitation, the obligation to pay all charges that may be due as a result of or in connection with such termination or suspension. In these instances, you are responsible for the full Subscription fee for any Minimum Service Term (or remaining portion of a Minimum Service Term), and Viasat will not provide a pro-rata refund for any pre-paid fees regardless of when your Services or Subscription is terminated or suspended. In the event of termination of this Agreement under this Section 10.2, all licenses granted under this Agreement shall automatically terminate and you shall immediately cease using the Services.

10.3 Deactivation of a Subscription by You. Subject to your payment of the Early Termination Fee and/or any other applicable fee and the monthly fees for the full billing cycle in which cancellation occurred, you may immediately deactivate a Subscription at any time by giving us written or telephone notice thirty (30) days prior to the desired date of deactivation. You are responsible for the full monthly Subscription fees for any Minimum Service Term (or remaining portion of a Minimum Service Term), and Viasat will not provide a pro-rata refund for any pre-paid fees regardless of when your Subscription is deactivated. In the event of deactivation under this Section 10.3, all licenses granted under this Agreement shall automatically terminate and you shall immediately cease using the Services under the terminated Subscription. Please allow five business days from the date of receipt for processing written requests to deactivate your Subscription. Viasat does not accept notices of deactivation via e-mail or chat. You will continue to be liable under this Agreement for all fees and charges for the full Minimum Service Term regardless of when deactivation occurred.

10.4 Termination of this Agreement by You. Subject to your payment of the Early Termination Fee and/or any other applicable fee and the monthly fees for the full billing cycle in which termination occurred, you may immediately terminate this Agreement at any time by giving us written or telephone notice. You are responsible for the full monthly Subscriptions fees for any Minimum Service Terms (or remaining portions of Minimum Service Terms) in which you receive Services, and Viasat will not provide a pro-rata refund for any pre-paid fees regardless of when this Agreement is terminated. In the event of termination under this Section 10.4, all licenses granted under this Agreement shall automatically terminate and you shall immediately cease using the Services. Please allow five business days from the date of receipt for processing written requests to terminate your Service. Viasat does not accept notices of termination via e-mail or chat. You will continue to be liable under this Agreement for all fees and charges for the full Minimum Service Term regardless of when termination occurred. Once this Agreement is terminated, you will no longer have access to the S&P Portal or your Account.

10.5 No Damages for Termination or Expiration. You acknowledge and agree that Viasat shall not be liable to you or any third party for damages of any kind, including without limitation, incidental or consequential damages (including, without limitation, for loss of goodwill, prospective profits, or anticipated revenue, or on account of any expenditures, investments, leases or commitments made by Viasat or you for any other reason), on account of the expiration or termination of this Agreement for any reason. You hereby waive any and all rights you may have to receive any compensation or reparations on account of the expiration or termination of this Agreement, except as may otherwise be expressly set forth in this Agreement.

10.6 Non-Exclusive Remedy. The exercise by either Party of any right or remedy under this Section 10 shall be without prejudice to such Party's other rights and remedies under this Agreement or otherwise.

10.7 Viasat Post-Termination Obligations. Notwithstanding the termination rights set forth above, so long as you are not in material breach of the Agreement, and subject to payment of the applicable fees, Viasat will continue to provide service for the remaining Minimum Service Term of any open Subscription, provided that you continue to make prompt payments promptly each month under the remaining Minimum Service Term. Notwithstanding the foregoing, Viasat is not obligated to continue to provide Services if an MSS Partner ceases providing satellite services for any reason or Viasat is unable, for reasons outside of Viasat’s reasonable control, to use or access the satellite services of an MSS Partner. In such event, Viasat shall provide You with as much written notice as is possible under the circumstances and will use commercially reasonable efforts to negotiate with the MSS Partner to provide post-termination Services to You for up to 12 months after the notice of termination for the remaining Minimum Service Term of any open Subscription.

Section 11. Indemnification.

11.1 Indemnification by Subscriber. You agree to indemnify, defend and hold us harmless against all claims, liability, damages, costs and expenses, including, without limitation, reasonable attorneys' fees, arising out of or related to any and all uses of the Services in violation of this Agreement. This includes, without limitation, responsibility for all consequences of your breach or violation of any representations, warranties, covenants, agreements or other obligations under this Agreement (or a violation by any user of your Account) 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. Further, you shall indemnify, defend and hold Viasat, its affiliated entities, and the officers, directors, employees, partners, shareholders and agents of each of the foregoing, harmless from and against any and all Losses that arise out of, or are incurred in connection with, third-party claims resulting from: (i) acts or omissions committed or alleged to have been committed by you or any employee, agent, subcontractor or other representative of yours; (ii) any contracts, debts or obligations of yours; and (iii) any claim brought by your Subscribers, if any.

11.2 Notice. Promptly after receipt of any notice of the commencement or threatened commencement of any civil, criminal, administrative, or investigative action or proceeding involving a claim in respect of which the indemnified Party ("Indemnified Party") may seek indemnification pursuant to this Agreement from the other Party ("Indemnifying Party"), the Indemnified Party shall notify the Indemnifying Party of such claim in writing. No failure to so notify the Indemnifying Party shall relieve it of its obligations under this Agreement except to the extent that it can demonstrate actual damages attributable to such failure. The Indemnifying Party may, at its option, undertake the defense of any such claim and permit the Indemnified Party to participate therein at its own expense. The settlement of any such claim by the Indemnified Party without the Indemnifying Party's prior written consent (which shall not be unreasonably withheld or delayed) shall release the Indemnifying Party from its obligations hereunder with respect to the claim so settled.

Section 12. Limitation of Damages.

12.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROVISION OR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES, OR OUT OF ANY BREACH OF ANY REPRESENTATION OR WARRANTY. WITHOUT IN ANY WAY LIMITING THE FOREGOING, EITHER PARTY’S MAXIMUM, SOLE, AND EXCLUSIVE LIABILITY FOR DIRECT DAMAGES SHALL BE LIMITED TO GENERAL MONEY DAMAGES IN AN AMOUNT NOT TO EXCEED THE TOTAL AMOUNT ACTUALLY PAID OR TO BE PAID TO VIASAT BY YOU FOR SERVICES 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. THE FOREGOING LIMITATIONS OF LIABILITY SHALL NOT APPLY TO: (I) LIABILITY FOR DEATH OR PERSONAL INJURY; (II) INDEMNIFICATION OBLIGATIONS UNDER THIS AGREEMENT; OR (III) EITHER PARTY’S BREACH OF CONFIDENTIALITY OBLIGATIONS UNDER SECTION 9.

12.2 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 Viasat 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 Equipment, which is governed by your purchase agreement or other documents evidencing such sale.

12.3 Mobile Satellite Services System Availability. The terms governing Viasat's MSS Service System Availability are provided in Attachment A.  The System Availability terms may be revised, amended or modified from time to time in Viasat's sole discretion.

Section 13. Export Control Laws.

13.1 Applicable Laws. You acknowledge that the hardware, software, technical data or technology, and/or services, if any, (collectively the "Products") supplied by Viasat, directly or indirectly, under this Agreement are subject to U.S. export laws and regulations and the laws of non-U.S. governments that may apply to the import, export, use, transfer or distribution, of the Products. The applicable U.S. regulations are determined by the export control level of the Products and may include, but are not limited to, the Export Administration Regulations and Foreign Assets Control Regulations. You acknowledge that you will comply with these laws. Viasat shall have no obligation to deliver any Products in violation of U.S. export laws or the related laws of any non-U.S. country.

13.2 Sanctioned Countries or Restricted Parties. You shall not, without prior U.S. government authorization, export, re-export, or transfer (collectively as “export”) any Services, either directly or indirectly, to any country subject to a U.S. trade embargo or sanction, or to any resident or national of these countries (a current list is found at https://www.bis.doc.gov/index.php/policy-guidance/country-guidance/sanctioned-destinations), or to any person or entity listed on any U.S. government restricted party lists. In addition, any Services may not be exported, re-exported, or transferred to any Service Partner, Subscriber or other individual or entity engaged in prohibited activities, or for any end-use, directly or indirectly related to the design, development, production, or use of weapons of mass destruction including nuclear, chemical, or biological weapons, and/or the missile technology to deliver them. Each Service Partner shall communicate in writing the provisions of the limitations stated in this export clause to its Subscribers. Upon written notice from Viasat, you shall provide such information as Viasat shall consider reasonably necessary to verify compliance by you with the provisions of this clause.

Section 14. General Provisions.

14.1 Survival. All terms contained herein, which by their nature, language or context are intended to survive, shall survive any termination of this Agreement.

14.2 Assignment and Change of Control. Neither Party shall assign this Agreement in whole or part without the other Party’s express prior written consent. However, in the event of any Change of Control, either Party may assign this Agreement upon notification to the other Party; provided that you may not assign to a competitor of Viasat without Viasat’s written consent. Unauthorized assignment shall be void and of no effect. This Agreement shall be binding upon and shall inure to the benefit of the Parties' respective successors and authorized assigns.

14.3 Call Monitoring and Recording. For quality assurance, Viasat records and/or monitors telephone calls between its customers and Viasat agents, employees and/or its affiliates regarding the Services. By using the Services, you (and anyone calling or otherwise contacting Viasat with regard to your Account) consent to any and all call recording and monitoring performed by Viasat or its agents, employees and/or its affiliates.

14.4 Intellectual Property. You must respect the intellectual property rights of Viasat, our MSS Partners, our third-party content providers, and any other owner of intellectual property whose protected property may be provided, appear on or be displayed in association with the Service. Subject to the Terms of Use, all material displayed in association with the Service is copyrighted or trademarked, and you shall not copy, download, redistribute, modify, or otherwise exploit it, in whole or in part, except for personal, non-commercial use.

14.5 Contact Information. You agree that by entering into this Agreement and providing Viasat with your wireless phone number and/or any other telephone number and/or your e-mail address, Viasat or its agents may contact you for any Account-related issues: (a) by calling or texting you at such number(s) using a prerecorded/artificial voice or text message delivered by an automatic telephone dialing system and/or using a call made by live individuals for any Account-related issues, and/or (b) sending an e-mail to such e-mail address.  The consent provided here continues even if you cease using the Service or your Service expires or is terminated.

14.6 Relationship of Parties. Nothing in this Agreement shall be construed as creating any agency, partnership, joint venture, or other form of joint enterprise between the Parties. Neither Party shall have the authority to act or create any binding obligation on behalf of the other Party.

14.7 Notices. Where notification by Viasat is contemplated by or related to this Agreement, notice may be made by any commercially reasonable means, including, without limitation, e-mail or publication via the S&P Portal. A printed version of this Agreement and of any notice given in electronic form by Viasat shall be admissible in judicial, arbitration, or 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 of any change in your credit card information, e-mail or postal address by calling Viasat at +1-866-862-9624 or +1-760-513-6900 or emailing billing@mss.viasat.com. For all other notices required to be sent to Viasat under this Agreement, you should use the following address: Viasat, Inc., 6155 El Camino Real, Carlsbad, CA 92009, Attention: billing@mss.viasat.com.

All notices required or permitted under this Agreement shall be in writing, published or sent to the address of the applicable Party as set forth in the preceding paragraph and will be deemed delivered: (i) when actually delivered if delivered in person; (ii) one day after being deposited with a recognized overnight courier service for overnight delivery; (iii) three (3) days after being deposited in the United States mail, postage prepaid; or (iv) by Viasat upon e-mail transmission, with receipt verified, and/or notice via the S&P Portal. Either Party may change its address or email address for notice purposes by notifying the other Party in accordance with this Section 14.7. You shall provide Viasat with any change in your address prior to the effective date of any such change.

14.8 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, USA. For the avoidance of doubt, in the event that a Subscriber has entered into a separate Service Partner Agreement prior to the Effective Date, the Governing Law specified in the Service Partner Agreement will take precedence as it relates to a dispute between the same parties to such Service Partner Agreement.

14.9 Dispute Resolution. To expedite resolution of issues and control the cost of disputes, you and Viasat agree that any legal or equitable claim relating to this Agreement, any addendum, or your Service (referred to as a "Claim") will be resolved as follows: We will first try to resolve any Claim informally. Accordingly, neither party may start a formal proceeding until at least 60 days after one of the parties notifies the other of a Claim in writing ("Notice"). You will send your Notice to the address in Section 14.7 of this Agreement to the attention of the Viasat Legal Department and we will send our Notice to your email address or billing address. If you and Viasat are unable to resolve the Claim within 60 days after Notice is received, then Viasat and you agree to arbitrate any and all Claims between the parties. This agreement to arbitrate is intended to be broadly interpreted. It includes, but is not limited to:

Any Claims arising out of or relating to any aspect of the relationship between you and Viasat, whether based in contract, statute, fraud, misrepresentation, tort, or any other legal theory;

Any Claims that arose before this Agreement or any prior agreement between you and Viasat;

Any Claims that are currently the subject of a purported class action suit in which you are not a member of a certified class; and/or

Any Claims that may arise after the termination of this Agreement.

This Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. If the law allows, these agencies may seek relief against Viasat on your behalf. You agree that by entering into this Agreement, you and Viasat each waive the right to participate in a class action and/or a trial by jury. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. This Dispute Resolution provision shall survive termination of this Agreement.

For disputes between you and Viasat, as applicable, arbitration hearings will take place in the same location and under the same rules specified in a Service Partner Agreement by and between you and Viasat, respectively, entered into before the Effective Date. If there is no Service Partner Agreement that takes precedence between you and Viasat, arbitration hearing locations and rules will be determined based on the location of your principal place of business. If your principal place of business is located on the continents of Asia or Australia, arbitration hearings will be be administered by the Singapore International Arbitration Center (SIAC) under its rules in Singapore. If your principal place of business is located on the continents of Europe or Africa, arbitration hearings will be administered by the International Center for Dispute Resolution (ICDR) under its rules in London, England. All other arbitrations shall take place at a location in San Diego, California, and shall be governed by the rules of the American Arbitration Association (“AAA”) (collectively with the aforementioned rules of the SIAC and ICDR, the “Rules”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at adr.org, by calling the AAA at 1-800-778-7879, or by writing to the address on the first page of this Agreement to the attention of the Viasat Legal Department.

The arbitrator is bound by the terms of this Agreement. All issues shall be for the arbitrator to decide, except issues relating to the scope and enforceability of this Dispute Resolution provision which shall solely be for a court of competent jurisdiction to decide. During the arbitration, neither party shall disclose to the arbitrator the amount of any settlement offer made by either party, until after the arbitrator determines the amount, if any, to which you or Viasat is entitled. If your claim is for $5,000 or less, you and Viasat agree that you may choose whether the arbitration will be conducted solely on the basis (a) of documents submitted to the arbitrator, (b) through telephonic hearings, or (c) by an in-person hearing as established by the applicable Rules. If your claim is in excess of $5,000, the right to a hearing shall be determined by the applicable Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficiently explaining the essential findings and conclusions on which the award is based. If the arbitrator finds that either the substance of your Claim or the relief sought in your Claim is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b)), then the payment of all fees related to the arbitration shall be governed by the applicable Rules. In such case, you agree to reimburse Viasat for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable Rules. The arbitrator may award declaratory or injunctive relief 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. YOU AND VIASAT AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Furthermore, the arbitrator may not consolidate more than one person's Claim, and may not otherwise preside over any form of a representative or class proceeding, unless both you and Viasat otherwise agree in writing. Notwithstanding any provision in this Agreement to the contrary, we agree that if Viasat makes any future change to this Dispute Resolution provision during your Minimum Service Term, you may reject any such change by sending us written notice within 30 days of the change to the address on the first page of this Agreement. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this Dispute Resolution provision. Any cause of action brought by you, or by users of your Account, with respect to the Services or this Agreement must be instituted within one year after the claim or cause of action has arisen or it will be barred.

14.10 Review by Counsel. Each Party acknowledges that it and its legal counsel have had an opportunity to review this Agreement, and the Parties agree that any rule of construction to the effect that any ambiguity is to be resolved against the drafting Party shall not be applicable in the interpretation of this Agreement.

14.11 Waiver. Failure by either Party to exercise any right or remedy under this Agreement in any one or more instances shall not constitute a waiver of such right or remedy in any other instance. Waiver by a Party of any default under this Agreement shall not be deemed a waiver of any other default or any subsequent default of the same or similar nature.

14.12 Severability. If any provision of this Agreement is declared illegal, invalid, or unenforceable, in whole or in part, by a court of competent jurisdiction, all other provisions of this Agreement shall remain in full force and effect.

14.13 Laws. You agree to comply with all applicable laws, rules and regulations in connection with your use of the Services and this Agreement. Nothing contained in this Agreement shall be construed so as to require the commission of any act contrary to Law, and wherever there is any conflict between any provision of this Agreement and any Law, such Law shall control; provided, however, that in such event, the provision(s) of this Agreement so affected shall be curtailed and limited only to the extent necessary to permit compliance with the minimum legal requirement and no other provision of this Agreement shall be affected thereby, and all of such other provisions shall continue in full force and effect.

14.14 Foreign Corrupt Practices Act. Each Service Partner represents and warrants that it shall comply with all laws relating to the conduct of business practices which prohibit any briberies, gratuities, inducements or other payments of money or things of value to influence a third party or induce a a third party to take or refrain from action. Each Service Partner acknowledges that Viasat may be subject to certain United States and Non-U.S. laws, including but not limited to the Foreign Corrupt Practices Act of 1977 and any amendments thereto and the United Kingdom Bribery Act of 1977, which apply to activities carried out on the Viasat's behalf outside the United States. Each Service Partner agrees neither to take nor omit to take any action if such act or omission might cause Viasat to be in violation of any such laws. Upon written notice from Viasat, each Service Partner shall provide such information as Viasat shall reasonably consider necessary to verify compliance by the Service Partner with the provisions of this Section. Each Service Partner agrees to indemnify and hold harmless Viasat from all claims, losses and penalties resulting from the failure of the Service Partner, or its employees, consultants, and agents to comply with this Section.

14.15 No Third Party Beneficiaries. The provisions of this Agreement are only for the benefit of the Parties hereto, and no third party may seek to enforce or benefit from such provisions.

14.16 Headings. Headings used in this Agreement are for convenience of reference only and shall not be used to interpret any aspect of this Agreement.

14.17 Entire Agreement. This Agreement, as well as the additional online documents specifically incorporated as a part of this Agreement, constitutes the entire agreement between the Parties regarding the use of the Services, applicable also to all users of your Account. This Agreement supersedes all previous communications, representations, or agreements, either oral or written, by and between you and Viasat with respect to the subject matter hereof, with the exception of Service Partner Agreements, if any, which shall take precedence over this Agreement as stated in the opening paragraph.

14.18 Electronic Signature. BY CLICKING THAT YOU ACCEPT THESE TERMS OR BY USING THE SERVICES, YOU ACKNOWLEDGE AND AGREE, THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. The Parties acknowledge and agree that each use of your electronic signatures in establishing an Account or purchasing a Subscription constitutes your agreement to be bound by the terms and conditions of this Agreement and disclosures provided through the S&P Portal as they exist on the date of your electronic signature.

Maintenance Outage Time Requirements

Viasat and its MSS Partners will endeavor to plan and perform maintenance on the System in a manner that reasonably minimizes the Subscribers’ outage. System outages due to planned maintenance will be primarily scheduled between midnight and 5:00 AM Universal Coordinated Time (UTC) and at such other times as may be necessary from time to time in Viasat’s discretion. As a goal but not a requirement, Viasat and its MSS Partners will (a) take into account the time zones in which affected beams are located and attempt to limit the Subscribers’ outage time to within the time period midnight to 5:00 AM local time; (b) use the first hour of the maintenance periods to prepare for any Service down-time; and (c) avoid taking the Service down in any beams in the UTC zone before midnight UTC.

Viasat and its MSS Partners will attempt to reasonably limit maintenance periods; however, if emergency maintenance is required to restore outages, prevent an impending outage or seriously degraded performance, or otherwise prevent, reduce or mitigate harm to the Services, network or operations, as determined in Viasat’s and its MSS Partners’ sole discretion, Viasat may perform emergency procedures as needed to restore the Services.

Outage Credit

Subscribers shall be entitled to a credit for any outages when the System fails to meet the System Availability in a given calendar month and such failure is solely and directly attributable to Viasat or its MSS Partners. Such credit shall equal the pro rata fees due for that period of time during which an outage of the System has occurred, as calculated under the System Availability and, in any case, shall never exceed, in the aggregate of all such outages in a given month, the fees paid by Subscriber for the affected Services.

If a failure has occurred, the outage shall be measured as commencing from the moment such failure occurs, provided that Viasat has received notice from the Service Partner or Subscriber, as applicable, to Viasat or its MSS Partners, regarding such outage. Any such outage shall be deemed to have ended upon the earlier to occur of (x) the Subscriber’s resumption of use of the System, or (y) notice from Viasat or its MSS Partners to the Service Partner or Subscriber, as applicable, that the System meeting the applicable performance specifications is available. Any such credit shall be applied as a credit on the invoice to the Subscriber for the next month following the determination of that credit; provided that if there is not another invoice, then such credit will be refunded within a reasonable period of time from settlement of the respective account. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, THIS CREDIT SHALL BE YOUR SOLE REMEDY FOR ANY OUTAGE, DISRUPTION OR DEGRADATION IN THE SYSTEM.

THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF VIASAT'S MOBILE SATELLITE SERVICES AND ASSOCIATED SUBSCRIBER AND PARTNER PORTAL AS WELL AS YOUR RELATIONSHIP WITH VIASAT. PLEASE READ THIS POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.

IF YOU DO NOT AGREE TO COMPLY WITH THIS POLICY, YOU MAY NOT USE VIASAT'S SERVICES AND YOU MUST TERMINATE YOUR SERVICES IMMEDIATELY.

Introduction This Acceptable Use Policy (the "Policy") outlines the acceptable uses of Viasat's Mobile Satellite Services and associated Subscriber and Partner Portal (collectively, the "Services"). Viasat may revise this Policy from time to time without notice by posting an updated version of this document on https://my.mss.viasat.com/legal/services-agreement or any successor websites. All revised versions of this Policy are effective immediately upon posting. In the event of a conflict between any subscriber or customer agreement and this Policy, this Policy shall govern.

Prohibited Uses and Activities You are responsible for ensuring and maintaining security of your system and the machines that connect to and use the Services. You remain solely and fully responsible for the content and any material posted, hosted, downloaded/uploaded, created, accessed or transmitted using the Services. You agree not to use the Service(s), or any equipment, or allow others to use the Service(s) or equipment, to do any of the following:

• undertake any unlawful, fraudulent, or criminal purpose;
• post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be offensive, indecent, pornographic, harassing, threatening, invasive of privacy, vulgar, hateful, defamatory, racially or ethnically offensive, or otherwise inappropriate, regardless of whether such information or material or its dissemination is unlawful;
• interfere with, gain unauthorized access to (including circumventing the user authentication or security of) Viasat's or any other person's server, host, account, network, network access, computer or computer system or control device, software, or data without his/her consent or attempt to do any of the foregoing;
• use or distribute tools designed or used for compromising security;
• engage in unauthorized port scanning;
• interfere with the ability of any other person to use or enjoy the Services, or engage in activities designed to degrade, or have the effect of degrading, service to Viasat users or others;
• transmit unsolicited bulk or commercial messages or "spam;"
• upload, post, publish, transmit, reproduce, create derivative works of, distribute, or engage in any activity that infringes upon, or assists others in infringing upon, the intellectual property rights (including rights granted by US copyright law) of any person or entity, including Viasat;
• participate in the collection of personal information, responses from unsolicited messages or other identifiers of others (without their prior consent);
• impersonate any person or entity, engage in sender address falsification, forge anyone else's digital or manual signature, falsify, alter or remove any packet or message header (or any part thereof), including references to Viasat or the Viasat network in the header, list a Viasat IP address in any unsolicited bulk email message, or perform any other similar fraudulent activity;
• violate the rules, regulations, or policies applicable to any network, server, computer database, or website that you access;
• damage the name or reputation of Viasat, its affiliates, or subsidiaries;
• use any name or mark of Viasat, its affiliates, or subsidiaries in any manner not expressly authorized in writing by Viasat;
• operate a call-center service, telemarketing-center service, or other similar service;
• make mechanized voice calls, including, but not limited to, extensive call forwarding, the use of auto-dialers, the use of fax machines for fax blasting or fax broadcasting, or the use of voice programs for voice blasting; or
• engage in any action that circumvents or thwarts Viasat's enforcement of its network management practices.

Push-to-Talk Service Viasat and other third parties may offer a Push-to-Talk service consisting of hardware and software that is integrated into devices that operate on Viasat's Mobile Satellite Service ("Push-to-Talk Service"). Subscribers to the Push-to-Talk Service ("Users") may hold near-instant voice communications with individuals or in groups. Users must comply with all applicable privacy, consumer data and protection laws, marketing and data best practices, and all laws that apply to collecting, accessing, storing, processing, using, disclosing and securing user data, including any obligations to notify and obtain consents of users regarding any of your access to users' personal information. The Push-to-Talk Service must not be used to conduct unauthorized surveillance.

Copyright Infringement Viasat is committed to complying with copyright and related laws, and requires all customers and users of the Service to comply with these laws. Owners of copyrighted works may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the "DMCA") to report alleged infringements. In accordance with the DMCA and other applicable laws, it is Viasat's policy to reserve the right to terminate the Service(s) of any user who infringes upon the intellectual property rights of another, including repeat infringers, or who Viasat believes, in its sole discretion, is infringing upon such rights.

Copyright owners may report alleged infringements of their works that are accessed through the Service by sending Viasat's authorized agent a notification of claimed infringement that satisfies the requirements of the DMCA. Upon Viasat's receipt of a satisfactory notice of claimed infringement, Viasat shall notify the user associated with the alleged infringement. If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Viasat. Upon Viasat's receipt of a counter-notification that satisfies the requirements of DMCA, Viasat will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement and will follow the DMCA's procedures with respect to a counter-notification. In all events, Viasat will not be a party to any dispute or lawsuit regarding alleged copyright infringement.

Copyright owners may send Viasat a notification of claimed infringement to report any alleged infringement of their works to:
Legal Department
Viasat, Inc.
6155 El Camino Real
Carlsbad, CA 92009 U.S.A.
Fax: (760) 929-3926
E-mail:Communications.Legal@Viasat.com

Copyright owners may submit a notification of claimed infringement to Viasat in a format that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act. Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Viasat, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material.

If a notification of claimed infringement has been filed against you, you may file a counter-notification with Viasat's designated agent using the contact information shown above. Counter-notifications must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright Act.

Enforcement and Notice Although Viasat has no obligation to monitor the Services and/or its network, Viasat and its authorized suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, to comply with laws, regulations or governmental or legal process, orders or requests, to identify violations of this Policy or violations of your customer or subscriber agreement, or to protect the network, the Services, Viasat and its users. If the Services are used in a way that Viasat, in its sole discretion, believes violate this Policy or your customer or subscriber agreement, Viasat may take any responsive actions it deems appropriate, including a warning, suspension or termination of the Services; or refusing to transmit or post, or removing or blocking, any information or materials, in whole or in part. Neither Viasat nor its affiliates, subsidiaries, suppliers, officers, directors, employees or agents will have any liability for any of these responsive actions. These actions are not Viasat's exclusive remedies and Viasat may take any other legal or technical action it deems appropriate.

When feasible, Viasat may provide you with a notice of a Policy violation via e-mail or otherwise allowing you to promptly correct such violation. Viasat reserves the right, however, to act immediately and without notice to suspend or terminate affected Services in response to a court order or government notice that certain conduct must be stopped or when Viasat reasonably determines, that the conduct may: (1) expose Viasat to sanctions, prosecution, civil action or any other liability, (2) cause harm to or interfere with the integrity or normal operations of Viasat's network or networks with which Viasat is interconnected, (3) interfere with another Viasat user's use of the Services or a public or private network (4) violate any applicable law, rule or regulation, or (5) otherwise present an imminent risk of harm to Viasat or its users.

General The failure of Viasat to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time. You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect. The provisions of this Policy are not meant to be exhaustive. Generally, any conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited.

Internet Provisions Viasat does not endorse or in any way vouch for any content on or made available through the Service. Any content on or made available through the Service does not constitute or reflect the views or approval of Viasat or any of its directors, officers, employees, subsidiaries or affiliates. Upon termination of your Service(s), Viasat is authorized to delete any files, programs, data and e-mail messages associated with your accounts.

You acknowledge that content on or made available through the Service might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that Viasat is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources accessed through the Service are beyond Viasat's reasonable control. You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it.