Legal Node

General Terms and Conditions for residential HughesNet services pursuant to the Recovery Act Program

HughesNet^® service is available in the U.S including areas in Alaska and Hawaii with an unobstructed view of the southern sky, and its usage is subject to the Fair Access Policy. Actual speeds vary based on the amount of traffic on the Internet, content on a particular Website, or by the overall performance and configuration of your computer. Stated speeds and uninterrupted use of service are not guaranteed. Maximum speeds will likely be lower than speed indicated during peak hours.

The listed speeds for the Power 200 Recovery Act Program Service Plan are available only through Hughes’ newest satellite. The majority of subscribers to this Plan will have access to these faster speeds. However, approximately 1% of customer locations will have trees or other obstacles that block the signal from the satellite to the home. For these customers, the Power 200 Recovery Act Program Service Plan will not be available.

Professional installation is required. Monthly service fees apply. Sales, use, and personal property taxes are related surcharges and are not included.

Equipment

You specifically agree that any Equipment provided to you may be new or refurbished as new. Any refurbished Equipment will have the same warranty as new Equipment.

The satellite modem, power supply, and radio (outdoor transmitter) remain the property of Hughes and shall not be deemed fixtures or part of your realty. You shall have no right to pledge, sell, mortgage, otherwise encumber, give away, remove, relocate, alter, or tamper with the Equipment (or any notice of our ownership thereon) at any time. Any reinstallation, return, or change in the location of the Equipment shall be performed by us at our service rates in effect at the time of such service. You are responsible for preventing the loss or destruction of the Equipment and we recommend that your Equipment be covered by your homeowner’s, renter’s or other insurance policy.

Service Commitment

The HughesNet Recovery Act Program Basic Service Plan does not require a minimum service term. The Recovery Act Program Power 150 and Power 200 Service Plans do require a commitment of 24 months. If you have subscribed to either the Power 150 or Power 200 Service Plans, and you terminate service prior to the expiration of the commitment, you will owe, and your credit or debit card will be charged the Early Termination Fees described below. In addition, you will be required to return the applicable Equipment to Hughes whenever you terminate your service, or you will be required to pay the Unreturned Equipment Fee described below.

Early Termination Fee (only applies to Power 150 and Power 200 Service Plans)

If you cancel your order before installation you will not be charged.

If you cancel within 30 days of activation, no Service termination fees will be charged.

If you cancel after 30 days of activation but before the end of your 24-month term commitment: you will be charged a Service Termination Fee of up to $400. The exact amount of the Service Termination Fee will be $400 for the first ninety (90) days after activation of the HughesNet Service. Thereafter, the amount of the Service Termination Fee will decrease by $15 per month for each month of active Service.

Unreturned Equipment Fee (applies to all Recovery Act Program Service Plans)

Upon termination of Service, whether before or after the expiration of the minimum term commitment, all Subscribers to HughesNet Recovery Act Program Service Plans are required to return the modem, power supply, and radio (outdoor transmitter) to Hughes. The equipment must be received in good condition within 45 days of termination in order to avoid the Unreturned Equipment Fee (except in cases when the Subscriber Agreement has been terminated for breach, in which case the paragraph below will apply). An Unreturned Equipment Fee of $300 will be charged to your account for Equipment not returned within the allotted time frame. Partial returns will be given credit as follows: Modem and Power Supply – $100; Radio – $200.

For customers eligible or required to return equipment, Hughes will provide instructions on how to de-install and return the required equipment.

You are not required to return, and Hughes is not obligated to de-install, the antenna, mount, or any cables. If you elect to have the complete system or the antenna, mount, and any cables professionally de-installed, you will be responsible for all applicable de-installation charges.

You will not receive a credit for installation charges or other fees.

Early Termination due to breach by Subscriber

If your account is terminated by Hughes for non-payment or any other reason: the Early Termination Fee and the Unreturned Equipment Fee will be charged immediately upon cancellation. If you return your HughesNet modem, power supply, and radio within 45 days from the time of termination, your account will be credited $300 ($100 for the modem and power supply and $200 for the radio transmitter).

HughesNet Voice:

If you cancel after activation but before the end of your 24-month term commitment: you will owe, and your credit or debit card will be charged, a Service Termination Fee of up to $240. The exact amount of Service Termination Fee will be $10 times the number of months remaining in your commitment period. By way of example, assuming that your commitment period is 24 months and you elect to terminate your Voice Service Plan after 6 months, the amount of Service Termination Fee will be $10/month x (24-6) months, or $180.

Payments

Except where additional methods of payment are specifically required or permitted under applicable law or regulation, or where Hughes explicitly and in advance permits another method of payment, you agree that you will provide a major credit or charge card (i.e., MasterCard, Visa, American Express, or Discover) that Hughes may charge for all Service fees or other amounts payable under this Agreement (including Early Termination Fees and Unreturned Equipment Fees). Additionally, you agree that Hughes may pre-charge your monthly Service fee to the credit or charge card supplied by you during activation or subscription. You hereby authorize automatic credit or charge card billing by Hughes for all such charges. You further agree that the charges described above will be billed to the credit or charge card that you have provided when you applied for the Service.

At time of order, your credit or debit card will be authorized for one month’s service fee, and funds will be placed on hold for three (3) business days.

YOU AGREE AND ACCEPT THAT HUGHES NETWORK SYSTEMS, LLC (HUGHES) IS AUTHORIZED TO USE YOUR CREDIT OR DEBIT CARD FOR THE PURPOSE OF: (1) CREATING A HUGHES/HUGHESNET CUSTOMER ACCOUNT; (2) CHARGING YOU FOR YOUR MONTHLY SERVICE AND ANY PREMIUM SERVICES THAT MAY APPLY; AND (3) CHARGING ANY APPLICABLE EARLY TERMINATION FEES AND/OR UNRETURNED EQUIPMENT FEES.

Online Ordering

YOU AGREE AND ACCEPT THAT HUGHES NETWORK SYSTEMS, LLC (HUGHES) IS AUTHORIZED TO USE YOUR CREDIT OR DEBIT CARD FOR THE PURPOSE OF: (1) CHARGING YOU FOR THE UPFRONT FEES REQUIRED TO RECEIVE HUGHESNET, INCLUDING PAYMENT FOR EQUIPMENT AND INSTALLATION; (2) CREATING A HUGHES/HUGHESNET CUSTOMER ACCOUNT; (3) CHARGING YOU FOR YOUR MONTHLY SERVICE AND/OR LEASING FEES AND ANY EQUIPMENT OR INSTALLATION FEES THAT MAY APPLY; AND (4) CHARGING ANY APPLICABLE EARLY TERMINATION FEES AND/OR UNRETURNED EQUIPMENT FEES.

Speeds

When you connect to the Internet using HughesNet, the upload and download speeds you experience will vary based on a variety of factors including the configuration of your computer, the number of concurrent users, network or Internet congestion, the speed of the Websites you are accessing, and other factors. Stated speeds and uninterrupted use of service are not guaranteed. In all cases, actual upload speed will likely be lower than maximum speed indicated during peak hours. Download speeds may also be temporarily slowed in cases when patterns of system usage exceed the download threshold for an extended period of time.

If you choose to run a VPN over your satellite service, your data speeds may be reduced by as much as 50-75%. In addition, we do not recommend using HughesNet to run time-sensitive applications that require fractions-of-a-second user inputs (such as twitch gameplay or real-time equities trading).

Download speeds may also be temporarily slowed in cases when patterns of system usage exceed the download threshold for an extended period of time. See the HughesNet Fair Access Policy for more information.

Home Networking

Home networking equipment is not included with your HughesNet system. For network setup, support, and configuration, contact your network hardware manufacturer and/or operating system software developer. (Hughes is not responsible for home network configuration or management).

Please note that all computers on a home network will be sharing a single connection. Simultaneous use of high-bandwidth applications by multiple users may result in degradation of download and surfing speeds, and are subject to the Fair Access Policy.

Revised 4/11/16