READ THIS AGREEMENT CAREFULLY BEFORE USING
THE SKYHOP SERVICE.
This is an agreement between SkyHop.com, Inc. and you to provide SkyHop Wireless ("the Service"). By establishing an account, using the Service or equipment or indicating agreement through the software or website, you agree to be bound by this Agreement and to use the Service in compliance with the SkyHop Internet Service Agreement and SkyHop Acceptable Use Policy ("the Agreements") which can be found by going to http://www.skyhop.com/Policies.
The initial term of this agreement begins on your account billing start date and continues for twelve (12) months, business class terms will vary. Your account billing start date is the date you first begin being billed for service, as indicated on your first invoice. The agreement will continue on a month-to-month basis after the initial term. SkyHop reserves the right to change the price of the Service at any time after the initial term upon 30 days notice. Prices for other SkyHop services may change at any time upon 30 days notice and will be posted on the SkyHop homepage: www.skyhop.com. Current rates may also be obtained by calling 1-301-791-1236.
3. THE SERVICE
The Service speed can vary depending on location, line quality, inside wiring, Internet traffic, and other factors beyond the control of SkyHop. SkyHop provides the Service on a "best effort" standard and does not guarantee upload or download speeds. Some link stabilization may be necessary for service. Link stabilization could include the lowering of provisioned link speed, installation of higer gain radio, antenna or change of service plan. Should the lowering of link speed occur, SkyHop will NOT be able to increase the link speed once the connection is stabilized. Additional charges for equipment or plan change my be incurred. The email, and webspace are available under this agreement after the Activation Date.
If you need to cancel your SkyHop Service after installation, please send your written request to SkyHop Business Access Customer Service by fax to (301) 791-1524. To process your cancellation request, we require that you provide the following: (1) Written request submitted on personnel letterhead by your billing contact, (2) Your customer or account number, (3) Current phone number, (4) Reason for canceling service. Cancellation will be effective at the end of the billing cycle after the notice of cancellation is received and processed.
If after your account billing start date you are dissatisfied with the Service or any related terms, conditions, rules, policies, guidelines, or practices, your sole remedy is to discontinue using the Service, cancel your account, and pay any cancellation fees that apply. Upon cancellation, email service will be terminated and all files stored on SkyHop servers will be deleted.
If SkyHop is providing equipment to you for your use of the Service. Cancellation, downgrading or changing (to Dial Up, consumer DSL, Cable, Satellite, etc.) the Service by you before the initial term of the agreement ends will result in a $199 early termination fee. If you move service to a new location or switch phone lines within the same location during the initial term, you will be charged the $199 early termination fee. If SkyHop can provide Service at the new location you must pay the activation fee of $149 since this requires a new installation. SkyHop will credit the early termination fee of $199 to your account providing you reactivate Service and begin a new 12 month term within 60 days from the time you terminated service at your old location.
SkyHop may terminate this Agreement, your password, your account, or your use of the Services for any reason, including, without limitation, if SkyHop, in its sole discretion, believes you have violated the Agreements or if you fail to pay any charges when due. Termination notice will be by email or U.S. Mail to the address you provided for the Service. All notices to you shall be deemed effective on the first (1st) day following the date of the email or on the fourth (4th) day following the date of the mailing.
Sections 1, 4, 6, 10, and 11 of this Agreement shall survive termination of this Agreement.
5. ACCOUNT REQUIREMENTS
In order to receive the Service:
You must be at least 18 years old and provide a valid credit card
The Service must be available to your location
You will be charged a one-time activation fee of $75.00, included in installation fee. SkyHop may charge you for taxes and other applicable fees. SkyHop may offer from time to time certain promotions with different terms, activation fees, and monthly charges. You must provide accurate billing information including legal name, address, telephone number, and credit card/billing information, and report all changes to this information immediately. You are responsible for any charges to your account. Questions regarding charges to an account should be directed to SkyHop's Business Access Customer Service Department at 1-301-791-1236. All charges are considered valid unless disputed in writing within thirty (30) days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
Charges are billed to your credit card, debit card, or invoiced as applicable, each month for the Service and any additional usage or services. SkyHop is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by SkyHop. Payment by check is due within 30 days after the month in which the charges are incurred. You agree to maintain valid and current credit card information on file with SkyHop at all times.
If purchasing Services through a reseller, the reseller must pay all amounts owing for your account. If the reseller fails to pay SkyHop any amounts due, whether or not you have paid the reseller, your account will be subject to suspension or cancellation until you or the reseller has paid all amounts due. Delinquent accounts may be suspended or canceled at SkyHop's sole discretion; however charges will continue to accrue until the account is canceled. SkyHop may bill an additional charge to reinstate a suspended account.
7. YOUR ACCOUNT, PASSWORD, AND SECURITY
Upon registration, you will receive a username, password, and account designation. You are solely responsible for use of the Service. You must keep your password confidential so that no one else may access the Services through your account. You must notify SkyHop immediately upon discovering any unauthorized use of your account.
SkyHop reserves the right to timeout inactive connections. SkyHop technical support may be limited to SkyHop-provided services, software and/or unmodified hardware. Email accounts exceeding 10MB in size may be inactivated until you reduce the size of the mail being stored. Any free Web site exceeding the allotted amount of disk space may be suspended until you reduce the disk space usage or purchase additional space. Any free Web site exceeding the allotted amount of bandwidth will be billed for excess traffic. Email, webspace, and bandwidth limits are posted throughout our Web site at www.SkyHop.com. These limits may also be obtained by calling 1-301-791-1236. SkyHop reserves the right to change limits at any time upon 30 days prior notice.
SkyHop will provide you with a new user kit ("the Equipment"). If the relationship is terminated by either party (you or SkyHop) before the Activation Date or if the link is found to be unprovisionable, you must return the full kit with all of its original packaging to SkyHop. Contents of the kit may change from time to time.
The installation, use, inspection, maintenance, repair, and removal of the Equipment may result in service outage or potential damage to your computer. You are solely responsible for backing up all of your existing computer files and data. SkyHop and its employees, agents, contractors, and representatives shall have no liability whatsoever for any damage to or loss or destruction of any of your hardware, software, files, data, or peripherals. You assume responsibility for impacts to or loss of any warranty associated with the opening of your computer for installation of an internal card (such as a Network Interface Card).
You acknowledge that this is a fixed-location service. Moving to another location will require the service to be reprovisioned at the new location. This may result in substantial interruption of the Service and will result in fees associated with cancellation and setting up a new account. Early termination charges will apply even if the cancellation is for reasons of a move to another location.
If you are unable to perform self-installation, you have the option to purchase a professional installation from SkyHop. You will be responsible for all costs associated with the installation. You are also responsible for all inside wiring repair necessary to install the service.
SKYHOP DOES NOT REPRESENT, WARRANT, OR COVENANT THAT INSTALLATION BY YOU OR A THIRD PARTY CHOSEN BY YOU WILL ENABLE YOU TO SUCCESSFULLY ACCESS, OPERATE, OR USE THE SERVICES, NOR THAT SUCH INSTALLATION WILL NOT CAUSE DAMAGE TO YOUR COMPUTER, DATA, SOFTWARE, FILES, OR PERIPHERALS. IN ADDITION, SKYHOP SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY DAMAGE, OR FOR THE FAILURE TO PROPERLY INSTALL, ACCESS, USE, OR OPERATE THE EQUIPMENT OR SERVICES BECAUSE OF YOUR INSTALLATION.THE FOREGOING LIMITATION OF LIABILITY IS IN ADDITION TO AND SHALL IN NO WAY BE CONSTRUED TO LIMIT ANY AND ALL LIMITATIONS OF LIABILITY SET FORTH ELSEWHERE IN THIS AGREEMENT.
SkyHop will make its best effort to provide the Service. Because of the complex nature of broadband services, availability, and the underlying infrastructure, it may not be possible to provide the Service to everyone. In its sole discretion, SkyHop may cancel the installation process and refund any money that you have paid. SkyHop will notify you of its intent to cancel as soon as reasonably possible. It may take 30, 60, 90 or more days to determine if SkyHop is able to provide service. SkyHop shall have no responsibility whatsoever for claims arising out of its failure or refusal to complete the installation or provide the Service.
9. MONITORING THE SERVICES
CERTAIN EQUIPMENT MAY BE SUBJECT TO THIRD PARTY WARRANTIES,WHICH MAY BE PASSED THROUGH SKYHOP TO YOU AT NO ADDITIONAL CHARGE. SKYHOP WILL COMPLY WITH ALL REASONABLE REQUIREMENTS NECESSARY TO AFFECT THE PASS-THROUGH OF THE WARRANTY TO YOU. AT ITS SOLE OPTION WITHIN THE INITIAL TERM, SKYHOP OR ITS AGENT MAY REPLACE A DEFECTIVE MODEM OR GATEWAY ON BEHALF OF THE MANUFACTURER, PROVIDED YOU FOLLOW ALL APPLICABLE PROCEDURES AND OBTAIN A RETURN MATERIALS AUTHORIZATION (RMA) NUMBER.THIS WARRANTY DOES NOT COVER DEFECTS RESULTING FROM ACTS OUTSIDE OF SKYHOP'S CONTROL, USE CONTRARY TO SPECIFICATIONS OR INSTRUCTIONS, OR REPAIR OR MODIFICATION BY ANYONE OTHER THAN SKYHOP OR ITS CONTRACTOR. SKYHOP RESERVES THE RIGHT TO MODIFY THIS WARRANTY AT ANY TIME. SKYHOP WILL NOT BE RESPONSIBLE FOR ANY EQUIPMENT DAMAGED BY ANY NATURALLY OCCURRING EVENT SUCH AS LIGHTNING, FLOOD, OR EARTHQUAKE OR OTHER EVENTS OUT OF SKYHOP'S CONTROL SUCH AS FIRE, POWER SURGES, OR THE ACTS OF OTHERS.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SKYHOP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES, OR OTHER HARMFUL COMPONENTS. SKYHOP MAKES NO EXPRESS WARRANTIES AND WAIVES ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH SKYHOP OR THE INTERNET GENERALLY. NO ADVICE OR INFORMATION GIVEN BY SKYHOP OR ITS REPRESENTATIVES SHALL CREATE A WARRANTY. SKYHOP AND IT EMPLOYEES ARE NOT LIABLE FOR ANY COSTS OR DAMAGES ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SERVICES OR THE INTERNET INCLUDING ANY INDIRECT, INCIDENTAL, EXEMPLARY, MULTIPLE, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES. IN ANY EVENT, SKYHOP'S CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES SHALL NOT EXCEED THE TOTAL AMOUNT OF SERVICE FEES PAID DURING A ONE-YEAR PERIOD.
SKYHOP SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS,
DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: OTHER USERS ACCESSING YOUR COMPUTER;
SECURITY BREACHES; EAVESDROPPING; DENIAL OF SERVICE ATTACKS; INTERCEPTION OF
TRAFFIC SENT OR RECEIVED USING THE SERVICES;YOUR RELIANCE ON OR USE OF THE
EQUIPMENT OR SERVICES, OR THE MISTAKES, OMISSION, INTERRUPTIONS, DELETION OF
FILES, ERRORS, DEFECTS, DELAYS IN OPERATION,TRANSMISSIONS, OR ANY FAILURE OF
PERFORMANCE OF THE EQUIPMENT OR SERVICES;THE USE OF THE EQUIPMENT OR SERVICES
BY YOU OR A THIRD PARTY THAT INFRINGES THE COPYRIGHT, PATENT, TRADEMARK,TRADE
SECRET, CONFIDENTIALITY, PRIVACY, OR OTHER INDUSTRIAL OR INTELLECTUAL PROPERTY
RIGHTS, PROPRIETARY RIGHTS OR CONTRACTUAL RIGHTS OF ANY THIRD PARTY; THE ACCURACY,
COMPLETENESS,AND USEFULNESS OF ALL SERVICES, PRODUCTS,AND OTHER INFORMATION,AND
THE QUALITY AND MERCHANTABILITY OF ALL MERCHANDISE PROVIDED THROUGH THE SERVICE
OR THE INTERNET.
THE FOREGOING LIMITATION APPLIES TO THE ACTS, OMISSIONS, NEGLIGENCE AND GROSS NEGLIGENCE OF SkyHop, ITS OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES WHICH, BUT FOR THIS PROVISION,WOULD GIVE RISE TO THE CAUSE OF ACTION AGAINST SKYHOP IN CONTRACT, TORT, OR ANY OTHER LEGAL DOCTRINE.YOUR SOLE AND EXCLUSIVE REMEDIES UNDER THIS AGREEMENT ARE AS EXPRESSLY SET OUT IN THIS AGREEMENT. ANY WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.YOU MAY ALSO HAVE OTHER RIGHTS, WHICH VARY FROM STATE TO STATE.
Maryland residents are entitled to the following information:
The service is provided by SkyHop.com, Inc. Phone: (301) 791-1236 Charges vary depending of the type of service. Current pricing may be obtained from our website: www.skyhop.com. SkyHop reserves the right to change prices and institute new fees at any time upon 30 days prior notice. Complaints and questions about the service should be directed to SkyHop Customer Service at (301) 791-1236.
This Agreement is governed by Maryland law without regard to conflict of law provisions. Any controversy or claim arising out of or relating to this agreement, or the breach thereof, shall be settled by arbitration, and administered by the American Arbitration Association under its Commercial Arbitration Rules. Any such arbitration will be governed by Maryland law and will be held in Annapolis, Maryland. The arbitrator will be an expert in the field of Internet services. The arbitrators award shall be final and binding and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. There shall be no class action arbitration pursuant to this agreement.
This Agreement, the Acceptable Use Policy, and SkyHop's other Agreements
and policies posted on SkyHop's Web site constitute the entire agreement
between you and SkyHop with respect to your use of the Service.
SkyHop may revise, amend, or modify the Agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted on SkyHop's Web site (www.skyhop.com) and/or on your start pages and/or by email and/or in our various publications and mailings to you. In the event that any provision of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement will remain valid and shall be enforced according to its terms.