2. SERVICE COMMITMENT, TERMINATION, AND SERVICE TERMINATION FEES
HughesNet offers two different Voice Service Plans. With one of the Voice Service Plans, you are committing to receiving Voice Services for a minimum specified term. With this Plan, if you terminate the HughesNet Voice Service after activation but prior to expiration of that commitment, you will owe, and your credit or debit card will be charged a Service Termination Fee, up to a maximum fee of $120. The amount of this Service Termination Fee will then decrease each month by an amount equal to $120 divided by the number of months of the 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 $120 – (6 months x $5/month) or $90.
Section 1.3 (“Service Commitment and Early Termination Fees”) of the Subscriber Agreement shall not apply to the HughesNet Voice Service. ANY SERVICE TERMINATION FEE CHARGED WITH RESPECT TO THE HUGHESNET VOICE SERVICE SHALL BE IN ADDITION TO, NOT IN LIEU OF, ANY SERVICE TERMINATION FEE CHARGED PURSUANT TO SECTION 1.3 OF THE SUBSCRIBER AGREEMENT WITH RESPECT TO THE SERVICE.
If you elect to terminate the HughesNet Service, it is not necessary for you to also terminate the HughesNet Internet Access Service. A request to terminate the Voice Service shall not be treated as a request to terminate the Service. However, if you request to terminate the Service, this will be treated as a request to terminate the HughesNet Service, and you will be charged the Service Termination Fees, if any, applicable to both the Service and the HughesNet Voice Service.
You agree to provide Hughes with thirty (30) days’ notice of termination of the HughesNet Voice Service, subject to the Service Termination Fee to the extent applicable. You shall be responsible for the full monthly service fee for the month during which the notice of termination of service is provided to Hughes. Hughes reserves the right, at its sole discretion, to suspend, terminate, or change the HughesNet Voice Service without advance notice for any reason, including without limitation, misuse of the HughesNet Voice Service in any way, Your breach of this Addendum, Your failure to pay any sum due hereunder, suspected fraud, or other activity that adversely affects the HughesNet Voice Service, Hughes, Hughes's network, or other customers’ use of the Voice Service. Hughes reserves the right to determine, at its sole discretion, what constitutes misuse of the Voice Service, and You agree that Hughes's determination is final and binding on You. Hughes may require an activation fee to change or resume a terminated or suspended account.
7. 911 – EMERGENCY SERVICE
YOU ACKNOWLEDGE AND AGREE THAT HUGHES WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 USING THE HUGHESNET VOICE SERVICE OR TO ACCESS EMERGENCY SERVICE PERSONNEL DUE TO THE ALTERNATIVE 911 AND E-911 CHARACTERISTICS AND LIMITATIONS SET FORTH IN THIS ADDENDUM. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS HUGHES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS, AND ANY OTHER SERVICE PROVIDER OR SUPPLIER WHO FURNISHES SERVICES DIRECTLY OR INDIRECTLY TO YOU IN CONNECTION WITH THE HUGHESNET VOICE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES (INCLUDING LOSS OF PROFITS OR REVENUE), DAMAGES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE HUGHESNET VOICE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE HUGHESNET VOICE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.
11. LIMITATION OF LIABILITY AS TO HUGHESNET VOICE SERVICE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HUGHES NOR ANY OF ITS INFORMATION OR CONTENT PROVIDERS, SERVICE PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE HUGHESNET VOICE SERVICE OR INABILITY TO USE THE HUGHESNET VOICE SERVICE.