Hughes Network DW4-G1 User manual

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User manual

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11717 Exploration Lane, Germantown, MD 20876
Tel: (301) 428.5500 Fax: (301) 428.1868/2830
1032564-0001
Revision A
September 18, 2002
DW4020 User Guide
Record Gateway IP address here:
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Record DW4020 Subnet Mask here:
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Record Site ID here: _______________
Record Service Offering here:
____________________
®
Copyright © 2002 Hughes Network Systems Inc., a wholly owned subsidiary of Hughes Electronics
Corporation
All rights reserved. This publication and its contents are proprietary to Hughes Network Systems,
Inc., a wholly owned subsidiary of Hughes Electronics Corporation. No part of this publication may
be reproduced in any form or by any means without the written permission of Hughes Network
Systems, Inc., 11717 Exploration Lane, Germantown, Maryland 20876.
Hughes Network Systems, Inc., has made every effort to ensure the correctness and completeness
of the material in this document. Hughes Network Systems, Inc., shall not be liable for errors
contained herein. The information in this document is subject to change without notice. Hughes
Network Systems, Inc., makes no warranty of any kind with regard to this material, including, but not
limited to, the implied warranties of merchantability and fitness for a particular purpose.
Trademarks
All trademarks, marks, names, or product names referenced in this publication are the property of
their respective owners, and Hughes Network Systems, Inc., neither endorses nor otherwise
sponsors any such products or services referred to herein.
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Declaration of Conformity
Standards to which Conformity is declared: FCC Part 15
This device complies with part 15 of the FCC Rules. Operation is subject to the following
two conditions:
(1) this device may not cause harmful interference, and (2) this device must accept any
interference received, including interference that may cause undesired operation.
Responsible Party’s name: Hughes Network Systems, Inc.
Address: 11717 Exploration Lane, Germantown, MD 20876
Telephone: 866-DIRECWAY (347-3292)
Trade Name: HUIGHES
Type of Equipment:Satellite Transmit and Receive Modem, VSAT, Ethernet Appliance
Model Numbers:DW4-G1
Part Numbers: 3003618
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DW 4020 Business Edition Subscriber Agreement
NOTICE: If you agree with the following, please scroll down to
the bottom of this Business Edition Subscriber Agreement and
click on "I Agree" to proceed. Otherwise, click on "I do not
agree", and then please close this program and discontinue
installation of DIRECWAY(r). Hughes Network Systems (HNS)
cannot continue DIRECWAY activation procedures without your
acceptance of the Business Edition Subscriber Agreement and the
Fair Access policy, contained in this Agreement.
NOTE: THIS BUSINESS EDITION SUBSCRIBER
AGREEMENT IS ONLY APPLICABLE IN THE EVENT THAT
HUGHES NETWORK SYSTEMS IS YOUR SERVICE
PROVIDER. IN THE EVENT THAT YOU RECEIVE
DIRECWAY SERVICES THROUGH A SEPARATE SERVICE
OR SUBSCRIBER AGREEMENT WITH ANY OTHER
ENTITY, THE TERMS AND CONDITIONS SET FORTH IN
THIS SUBSCRIBER AGREEMENT SHALL BE NULL AND
VOID AND HAVE NO FORCE OR EFFECT WITH RESPECT
TO YOUR SERVICE. FURTHER, NOTHING IN THIS
DOCUMENT, INCLUDING BUT NOT LIMITED TO YOUR
CLICKING "I AGREE" AT THE APPLICABLE PROMPT,
SHALL CREATE ANY CONTRACTUAL RELATIONSHIP
BETWEEN YOU AND HUGHES NETWORK SYSTEMS
The following is the service agreement for DIRECWAY.
BUSINESS EDITION SUBSCRIBER AGREEMENT effective
as of the date of your activation of the DIRECWAY Services.
Thank you for choosing DIRECWAY!
Please read this DIRECWAY Business Edition Subscriber
Agreement carefully since it contains important contract rights
and obligations between you and HNS, as well as important
limitations on those rights. If you agree with each term please
click on "Agree" below, or use such other method to indicate your
agreement as may be presented. Agreement to these terms is
required for use of the DIRECWAY Service ("Service"). If you do
not agree with all of these terms, then you may not sign up for the
use of the Service.
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Some basic points to understand:
DIRECWAY(r) FAIR ACCESS POLICY
To ensure equal Internet access for all DIRECWAY subscribers,
Hughes Network Systems maintains a running average fair access
policy. Fair access establishes an equitable balance in Internet
access across Internet services by service plan for all
DIRECWAY customers regardless of their frequency of use or
volume of traffic. To ensure this equity, customers may
experience some temporary throughput limitations. DIRECWAY
Internet access is not guaranteed. This policy applies to all service
plans including "Unlimited" plans where customers' use of the
service is not limited to a specific number of hours per month. To
learn more about HNS' Fair Access Policy, please see the
DIRECWAY Web site
A. WHO MAY USE THE SERVICE -- SUPERVISION.
Using the Service requires that you be a Subscriber of the
Service, or that you have permission of a Subscriber to use that
Subscriber's DIRECWAY access account. Even if you are not
yourself a Subscriber, you still must comply with these terms if
you use the Service. Subscriber agrees to supervise and be fully
responsible for all use by others of the Subscriber's DIRECWAY
account in accordance with the terms and conditions of this
Agreement as more fully described below.
B. ABOUT DIRECWAY SUBSCRIBERSHIP AND
ACCOUNTS.
A "Subscriber" is a person who, being at least 18 years of age, has
agreed to this Business Edition Subscriber Agreement, is legally
able to enter into contracts on behalf of him or herself, and/or on
behalf of his or her employer and whose name and other
necessary billing and identifying information are reflected on
HNS' records as the person responsible for a particular
DIRECWAY account. This DIRECWAY Business Edition
License is a non-exclusive, non-assignable, and non-transferable
license to use the DIRECWAY Service as described in any of the
DIRECWAY Business Edition services plans as set forth in the
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DIRECWAY Web site. A DIRECWAY account is required for
access to the Service and is recognized by HNS by the
Subscribers associated account number, billing information and
Subscriber name.
C. PRICING AND BILLING DETAILS.
Please pay close attention to the terms referred to below regarding
pricing and billing information. Some of these terms are located
in a separate document on Service and are an important part of
this Agreement -- they may be contained in a separate document
(or documents), hereby incorporated by reference, as they contain
pricing and billing options and plans that you may choose from or
that may not apply to or be available to every Subscriber.
D. CHANGES.
Changes to both the Service and this Agreement may be made
from time to time in HNS' sole discretion. These changes may
affect your rights and obligations under this Agreement and may
also affect the makeup and nature of the Service itself. This
Agreement, including any future modifications, will be available
on the DIRECWAY Web site at
http://www.DIRECWAY.com/about/agreement.html.
E. YOUR RIGHT TO CANCEL.
In the event that HNS makes any material changes to the Service
which significantly adversely affect performance, then the
Subscriber shall have the right to cancel the Subscriber's account
at that time in accordance with the terms and conditions of this
Agreement as set forth below. You may be subject to a
cancellation fee if you acquired the Service as part of a promotion
that required you to subscribe to the Service for a period of time
and you cancel this Agreement before the expiration of such
period.
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1032564-0001 Revision A
F. SUBSCRIBER AGREEMENT ORGANIZATION
This Business Edition Subscriber Agreement is organized into
five "Parts":
Part I -- The Service, Subscribership and This DIRECWAY(r)
Business Edition Subscriber Agreement;
Part II -- Payment;
Part III -- Permitted Use and Restrictions on Use;
Part IV -- Grant of Important Rights by Subscriber to HNS, and
Important Disclaimers to, Acknowledgments by and Obligations
of Subscriber; and
Part V -- General (Note: Although located at the end of this
Agreement, these terms are important.).
PART I
THE SERVICE, SUBSCRIBERSHIP AND THIS SUBSCRIBER
AGREEMENT
1. THE SERVICE
The Service consists of the use of a satellite, one-way broadcast
or two-way broadcast/receive system offering any or all of the
business services described in the DIRECWAY Web site.
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2. MODIFICATIONS; RIGHTS OF CANCELLATION OR
SUSPENSION
2.1 MODIFICATION OF THE SERVICE.
HNS may discontinue, add to or revise any or all aspects of the
Service in its sole discretion and without notice, including access
to support services, publications and any other products or
services ancillary to the Service or membership. In particular,
HNS specifically reserves the right at its sole discretion to
modify, supplement, delete, discontinue or remove any software,
file, publications, information, communication or other content
appearing on or transmitted through the Service.
2.2 TERMINATION BY SUBSCRIBER.
In the event that HNS materially modifies the Service in such a
way so as to significantly adversely affect performance or if HNS
modifies related pricing or billing terms, Subscriber may
immediately terminate Subscriber's account and this Agreement,
and Subscriber may also do so at any other time and for any
reason or for no reason upon thirty (30) days written notice.
Subscriber shall terminate this Agreement in accordance with the
terms and conditions specified herein; failure to do so may delay
or prevent HNS from knowing that a termination was intended. In
such event Subscriber will continue to be liable under this
Agreement for all fees and charges until such time as the
Agreement has been properly terminated or HNS has
acknowledged such termination in writing. Subscriber may also
be subject to a cancellation fee if Subscriber acquired the Service
as part of a promotion that required Subscriber to subscribe to the
Service for a period of time and Subscriber cancels the Service
before the expiration of such period.
2.3 TERMINATION OR SUSPENSION BY HNS.
HNS may immediately terminate the Subscriber's account and
this DIRECWAY(r) Business Edition Subscriber Agreement in
the event of any breach of this Agreement by Subscriber or a user
of Subscriber's account. HNS reserves the right in its sole
discretion to terminate the Subscriber's account and this
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Agreement at any time or to suspend (with or without notice) or
terminate access to or use of the Service, in whole or in part, with
respect to any Subscriber (and/or with respect to any user of
Subscriber's account) at any time. In the event that HNS either
terminates or suspends Subscriber's account and or Subscriber's
Agreement for reasons other than breach of this Agreement, then
HNS shall provide 30 days notice of such suspension or
termination to the Subscriber.
2.4 CONTINUATION OF OBLIGATIONS.
Notwithstanding any cancellation or termination of this
DIRECWAY Business Edition Subscriber Agreement or any
Subscriber account, nor any suspension or termination of access
to or use of the Service, Subscriber will remain responsible for
any obligations accrued to the date of such action, including
payment of any charges that may be due as a result of or in
connection with such action(s). Subscriber's payment and other
obligations under this Agreement are not suspended or affected
by a suspension of access to or use of the Service, in whole or in
part, due to a violation (actual, threatened, or alleged) of this
Agreement or of any law or legal obligation by Subscriber or any
user of Subscriber's account.
3. WHO MAY USE THE SERVICE? - RESPONSIBILITY AND
SUPERVISION
3.1 AUTHORITY AND ACCOUNT SETUP.
Subscriber represents that Subscriber is legally authorized to bind
himself or herself, and/or his or her employer and has the right
and ability to enter into this Agreement. Subscriber agrees that
Subscriber is responsible for installing, establishing and setting
up, and for verifying and maintaining, the account, options,
settings and other parameters under which the Service is used,
including (without limitation) all related passwords and user
identification information.
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3.2. SUBSCRIBER RESPONSIBILITY.
Subscriber shall be responsible for all access to and use of the
Service through Subscriber's account or password(s) and for any
fees incurred for service, or for software or other merchandise
purchased thereon, or any other expenses incurred in accordance
with the terms of this Agreement. Subscriber promises to pay
such amounts billed by HNS for such service, software, or
merchandise and any related fees, taxes and charges, whether
incurred by Subscriber, its employees, agents, invitees or assigns..
Permitted users of Subscriber's account are limited to family
members with the same permanent residence as Subscriber.
Subscriber acknowledges that Subscriber is aware that areas
accessible on or through the Service may contain material that is
unsuitable for minors (persons under 18 years of age). Subscriber
agrees to supervise usage of the Service by minors who use the
Service through Subscriber account. Subscriber hereby ratifies
and confirms any obligations a minor using Subscriber's account
enters into or assumes and any promises or permissions such
minor makes or gives.
PART II
PAYMENT
4. FEES AND PAYMENT
4.1 FEES, TAXES AND OTHER CHARGES.
Subscriber shall pay, in accordance with the provisions of the
billing option selected by Subscriber, any registration or monthly
fees, connect time charges, ISP service charges, minimum
charges and other amounts charged to or incurred by Subscriber,
or by users of Subscriber's account, at the rates in effect for the
billing period in which those amounts are charged or incurred.
Subscriber shall pay all applicable taxes related to use of the
Service by Subscriber or by users of Subscriber's account.
Information on charges and surcharges (if any) that are to be paid
to HNS and are incurred by Subscriber or by users of Subscriber's
account will be made available to the Subscriber on the
DIRECWAY Web site, and Subscriber agrees that this is
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sufficient notice for all purposes as to charges incurred and paid
or to be paid to HNS. Additional terms relating to pricing, billing
and payment and which are an integral part of this Agreement are
set forth and available on the DIRECWAY Web site.
4.2 PAYMENT
HNS will make available to you a statement for each billing cycle
showing payments, credit purchases and other charges. Payment
of the outstanding balance is due in full each month. If your
payment is not received by HNS before the next statement is
issued, you may be charged interest on the delinquent balance at
the rate of one and one-half percent (1.5%) per month, prorated
on a daily basis. Furthermore, if we do not receive payment from
you before your next statement is issued, HNS has the right to
deactivate your service upon the expiration of any applicable
grace period with respect to the amount due.
4.3 COMMENCEMENT AND DURATION OF
SUBSCRIBERSHIP FEES.
Subscriber acknowledges that (subject to any exceptions granted
by HNS) a monthly subscribership fee will apply for each and
every month (or portion thereof) that one is a Subscriber.
Subscriber's account will continue until Subscriber cancels the
account in accordance with the method or methods specified by
HNS (unless otherwise terminated in accordance with this
Agreement). As stated above, Subscriber may be subject to
cancellation by the Subscriber, subject to the cancellation fee, if
applicable. The monthly subscription fee shall cease to apply for
any months after the billing month in which Subscriber cancels or
terminates its account in accordance with the terms and
conditions stated herein. HNS may, but is not required to, accept
partial payments from you. If partial payments are made, they
will be applied to statements starting with the oldest outstanding
statement. Late fees will be assessed monthly as allowed by
applicable law until the total outstanding account balance,
including late fees and all other charges, are paid. If you send us
checks or money orders marked "payment in full" or otherwise
labeled with restrictive endorsements, HNS can, but is not
required to, accept them, without losing any of our rights to
collect all amounts owed by you under this Agreement. In the
case of late payment or non-payment for any of the
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DIRECWAY(r) Services ordered by you or any of the charges
stated herein, you understand and agree that HNS may report
such late payment or non-payment to the appropriate credit
reporting agencies. If HNS chooses to use any collection agency
or attorney to collect money that you owe HNS or to assert any
other right which HNS may have against you, you agree to pay
the reasonable costs of collection or other action including, but
not limited to, the costs of a collection agency, reasonable
attorney's fees, and court costs, as provided by applicable law.
4.4 REACTIVATION
If your service is inactivated because you did not submit payment
on time or for any other reason, in addition to payment of past due
amounts, HNS may require a deposit before reactivating your
HNS service, which shall not exceed one (1) year subscription
fees. Amounts deposited by you will appear on your statement as
a credit, and service charges and other fees will be invoiced as set
forth above. Any unpaid amounts will be deducted each billing
cycle from the credit amount. Credit amounts shall not earn or
accrue interest. If your DIRECWAY(r) Service is inactivated for
any reason, including at your request or because of your failure to
pay past due amounts, and you want to reactivate the service, you
agree to pay a reactivation fee in accordance with HNS' then
current rates. In addition you must bring your account up to date
by making payment in full of any outstanding balance, fees and
charges.
4.5 ANCILLARY EQUIPMENT, SERVICES.
It is your responsibility, at your own expense, to obtain, maintain,
and operate suitable and fully compatible terminal equipment,
and communication devices required to access the Service. You
are responsible for all telephone charges incurred in connection
with using the Service. YOU ACKNOWLEDGE THAT
CERTAIN SUBSCRIBER EQUIPMENT HAS BEEN
ACQUIRED BY YOU SEPARATE AND APART FROM THIS
SUBSCRIBER AGREEMENT. YOU ARE SOLELY
RESPONSIBLE FOR MAINTAINING SUCH SUBSCRIBER
EQUIPMENT. HNS MAKES NO REPRESENTATION OR
WARRANTIES PURSUANT TO THIS SUBSCRIBER
AGREEMENT, EITHER EXPRESS OR IMPLIED,
REGARDING SUCH SUBSCRIBER EQUIPMENT --
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ALTHOUGH YOU MAY HAVE LIMITED WARRANTIES
UNDER A SEPARATE PURCHASE AGREEMENT WITH
HNS.
PART III
PERMITTED USE AND RESTRICTIONS ON USE
5. SOFTWARE LICENSE
Subject to the terms of this Agreement, HNS grants to Subscriber
a personal, non-exclusive, non-assignable and nontransferable
license to use and display the software provided by or on behalf
of HNS only for purposes of accessing the Service ("Software")
on any machine(s) of which Subscriber is the primary user or
which Subscriber authorizes for use. Unauthorized copying of the
Software, including software that has been modified, merged or
included with the Software, or the written materials associated
therewith is expressly forbidden. Subscriber may not sublicense,
assign or transfer this license or the Software except as permitted
by HNS. Any attempt to sublicense, assign or transfer any of the
rights, duties or obligations under this license is void. Subscriber
agrees that it shall not copy or duplicate or permit anyone else to
copy or duplicate, any part of the software provided hereunder, or
create or attempt to create, or permit others to create or attempt to
create, by reverse engineering or otherwise, the source programs
or any part thereof from the object programs or from other
information made available under this Agreement.
6. SPECIFIC RESTRICTIONS ON USE OF THE SERVICE
6.1 PROHIBITED CONDUCT.
Subscriber agrees not to upload, post or otherwise publish on or
over the Service, and not to seek on or over the Service, any
software, file, information, communication or other content:
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(a) which violates or infringes upon the rights of any one else;
(b) which adversely affects the performance or availability of the
Service or HNS' resources, including, but not limited to hosting a
services or operating a web server in connection with the Service;
or
(c) which contains any virus, worm, cancelbot, harmful
component or corrupted data..
This Section 6.1 shall not be interpreted to restrict Subscriber
from utilizing mail services in conducting a legitimate business
except that Subscriber may not, without the approval of HNS,
send unsolicited advertising or promotional material. Subscriber
agrees not to intercept e-mail or engage in "spamming" or any
similar conduct.
6.2 ILLEGAL OR COMPETITIVE PURPOSES.
Subscriber agrees not to use the Service nor any of its elements or
related facilities or capabilities to conduct any business or
activity, or solicit the performance of any activity, which is
prohibited by or would violate any applicable law, rule, regulation
or legal obligation.
6.3 COMPLIANCE WITH LAWS.
Subscriber agrees to comply with all applicable laws, rules and
regulations in connection with the Service, its use of the Service
and this Business Edition Subscriber Agreement.
PART IV
GRANT OF IMPORTANT RIGHTS BY CUSTOMER TO HNS,
AND IMPORTANT DISCLAIMERS TO,
ACKNOWLEDGMENTS BY AND OBLIGATIONS OF
SUBSCRIBER
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7. COPYRIGHT AND LICENSES
HNS reserves all copyrights and other rights in and to any
content available through the Service and is identified as, claimed
by HNS as, or known by Subscriber to be, proprietary to HNS(or
its licensors). The content on the Service is protected under
applicable copyright law, including as a collective work. All
copying, modification, distribution, publication or other use by
Subscriber, or by any user of Subscriber's account, of any such
content or other works is prohibited, except as expressly
permitted by HNS.
8. NO ENDORSEMENT
HNS does not endorse or in any way vouch for the accuracy,
completeness, truthfulness or reliability of any service, opinion,
advice, communication, information or other content on or made
available through the Service. None of such content should be
construed or understood to constitute or reflect the views or
approval of HNS. HNS does not recommend that such content be
relied on for reaching important decisions or conclusions without
appropriate verification by the Subscriber or user and, as
appropriate, professional advice.
9. INTERNET
SUBSCRIBER ACKNOWLEDGES THAT INTERNET SITES
NOT CREATED BY HNS, AND USE OF THE INTERNET,
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. SUBSCRIBER
ACKNOWLEDGES THAT HNS IS NOT RESPONSIBLE FOR
ANY SUCH CONTENT OR MATERIAL AND AGREES THAT
ACCESS TO SAME THROUGH USE OF THE SERVICE IS AT
SUBSCRIBER'S SOLE RISK. The reliability, availability,
legality, performance and other aspects of resources accessed
through the Internet are beyond HNS' reasonable control and are
not in any way warranted or supported by HNS or its third party
contractors. Subscriber acknowledges that safeguards relative to
copyright, ownership, appropriateness, reliability, legality and
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integrity of content may be entirely lacking with respect to the
Internet and content accessible through it. Subscriber confirms
that Subscriber assumes all risk and liability of any use of the
Internet through Subscriber's account, including Subscriber's
continuous compliance with the Agreement.
10. USE AND CONTROL OF INFORMATION; MEMBER
COMMUNICATION; ADS
HNS may, without obligation, liability or notice, except to the
extent prohibited by applicable law, distribute, loan, sell or
otherwise share with other persons or entities user lists as well as
aggregate information. Aggregate information includes
information constituting or descriptive of demographic
information, habits, usage patterns, preferences, survey data or
other descriptive or related data which do not rely on providing to
recipients the identity of any particular user of the Service. This
shall not be construed to limit HNS' use of other information not
addressed in this Section 10. HNS will be free, in its reasonable
good faith discretion and without notice, to provide Subscriber
and user information and records to the courts, law enforcement
agencies, or others involved in prosecuting claims or
investigations for conduct or conditions alleged or believed to be
illegal or to violate or threaten the rights of any person or entity,
and to maintain and use internally such information and records.
Information generated by or in connection with HNS'
administration of the Service shall be and remain the exclusive
property of HNS. HNS may also from time to time provide
online, telefax, telephone, email, mail and other communications
to its Subscribers and users on matters pertaining to the Service,
its features, its sponsors or its use without compensation to them
or reimbursement of costs for doing so, but shall do so reasonably
and in good faith. Subscriber acknowledges that communications
with HNS, its representatives and its contractors may be
monitored or reviewed for quality control and other reasonable
business purposes. Subscriber also acknowledges that advertising
and promotion may occur on the Service and also that neither
Subscriber nor any user shall in any event have any claim with
respect to any proceeds from such activities.
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11. DISCLAIMER OF WARRANTIES AND EXCLUSION OF
LIABILITY
11.1 DISCLAIMER OF WARRANTIES, LIABILITY AND
RESPONSIBILITY.
SUBSCRIBER EXPRESSLY AGREES THAT USE OF THE
SERVICE IS AT SUBSCRIBER'S SOLE RISK. NEITHER HNS
NOR ANY OF ITS INFORMATION OR CONTENT
PROVIDERS, SERVICE PROVIDERS, LICENSORS,
EMPLOYEES OR AGENTS WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES
HNS OR ANY OF ITS INFORMATION OR CONTENT
PROVIDERS, SERVICE PROVIDERS, LICENSORS,
EMPLOYEES OR AGENTS MAKE ANY WARRANTY AS TO
THE RESULTS TO BE OBTAINED FROM USE OF THE
SERVICE. THE SERVICE IS DISTRIBUTED ON AN "AS IS"
AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES
OF ANY KIND, EITHER EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF
TITLE OR IMPLIED WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE OR OTHERWISE, EXCEPT FOR THOSE
WARRANTIES, IF ANY, WHICH ARE IMPLIED BY, AND
INCAPABLE OF EXCLUSION, RESTRICTION OR
MODIFICATION UNDER, THE LAWS APPLICABLE TO
THIS SUBSCRIBER AGREEMENT.
IN PARTICULAR, BECAUSE HNS MAY PROVIDE ITS
SUBSCRIBERS WITH ELECTRONIC ACCESS TO THE
CONTENT AVAILABLE ON HNS, WHICH CONTENT MAY
BE ORIGINATED BY INDEPENDENT PUBLISHERS
AND/OR PROVIDERS AND WHICH CONTENT IS NOT
AUGMENTED BY HNS, HNS CANNOT AND DOES NOT
WARRANT THE ACCURACY OF ANY OF THE
INFORMATION AS ORIGINATED BY SAID INDEPENDENT
PUBLISHERS AND/OR PROVIDERS, AND HNS SHALL
NOT BE LIABLE IN ANY MANNER WHATSOEVER FOR
ANY ERRORS, OMISSIONS, OR INACCURACIES
RELATING THERETO. IF DEFECTIVE, YOU - NOT HNS,
ITS DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR
ANY THIRD-PARTY CONTENT PROVIDER - ASSUME THE
CONSEQUENCES RESULTING THEREFROM.
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NO ORAL OR WRITTEN INFORMATION OR ADVICE
GIVEN BY HNS, ITS DEALERS, DISTRIBUTORS, AGENTS,
EMPLOYEES OR ANY THIRD-PARTY CONTENT
PROVIDER, SHALL CREATE ANY WARRANTY IN OR TO
THE HNS SERVICE OR THE CONTENT, AND YOU MAY
NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS.
YOU MAY HAVE OTHER RIGHTS, WHICH VARY FROM
STATE TO STATE.
In addition, please note that the DW4020 firewall is provided to
you at minimal charge. ACCORDINGLY, YOU AGREE THAT
HNS HAS MADE NO EXPRESS WARRANTIES, ORAL OR
WRITTEN, TO YOU REGARDING THE FIREWALL
SOFTWARE AND THAT THE FIREWALL SOFTWARE IS
BEING PROVIDED TO YOU "AS IS" WITHOUT
WARRANTY OF ANY KIND. HUGHES DISCLAIMS ANY
AND ALL OTHER WARRANTIES, WHETHER EXPRESSED,
IMPLIED, OR STATUTORY, INCLUDING, BUT WITHOUT
LIMITATION, THE IMPLIED WARRANTIES OF
NONINFRINGEMENT OF THIRD PARTY RIGHTS,
MERCHANTABILITY, AND FITNESS FOR A PARTICULAR
PURPOSE.
11.2 LIMITATION OF LIABILITY.
NEITHER HNS 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 SERVICE OR INABILITY
TO USE THE SERVICE OR OUT OF ANY BREACH OF ANY
REPRESENTATION OR WARRANTY. WITHOUT IN ANY
WAY LIMITING THE FOREGOING, IF FOR ANY REASON,
BY OPERATION OF LAW OR OTHERWISE, ANY PORTION
OF THE FOREGOING LIMITATION OF LIABILITY SHALL
BE VOIDED, THEN IN SUCH EVENT THE MAXIMUM,
SOLE, AND EXCLUSIVE LIABILITY OF HNS, ITS
DEALERS, DISTRIBUTORS, AGENTS, EMPLOYEES OR
THIRD PARTY CONTENT PROVIDER, IF ANY, SHALL BE
LIMITED TO GENERAL MONEY DAMAGES IN AN
AMOUNT NOT TO EXCEED THE TOTAL AMOUNT
ACTUALLY PAID TO HNS BY YOU FOR SERVICES
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FURNISHED UNDER THIS SUBSCRIBER AGREEMENT
AND THOSE TERMS AND CONDITIONS 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
THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING
THE DATE WHICH SUCH ERROR, DEFECT OR FAILURE IS
FIRST DISCOVERED IN WHOLE OR IN PART.
11.3 APPLICABILITY OF PROVISIONS TO
CIRCUMSTANCES INVOLVING OTHERS.
SUBSCRIBER EXPRESSLY ACKNOWLEDGES THAT THE
PROVISIONS OF THIS SECTION 11 SHALL ALSO APPLY
TO ANY AND ALL CLAIMS RELATING TO "ACQUIRED
MATERIAL" AND ANY OTHER CONTENT AVAILABLE
THROUGH THE SERVICE. SUBSCRIBER AGREES THAT IT
WILL NOT IN ANY WAY HOLD HNS RESPONSIBLE FOR
ANY SELECTION OR RETENTION OF, OR THE ACTS OR
OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH
THE SERVICE (INCLUDING THOSE WITH WHOM HNS
CONTRACTS TO OPERATE VARIOUS AREAS ON OR
FEATURES OF THE SERVICE).
11.4 FULL APPLICABILITY.
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
HNS OR OTHERS WERE ADVISED OR AWARE OF THE
POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES OR
LIABILITY.
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Hughes Network DW4-G1 User manual

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User manual
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