Hughes Network DW4-G1 User manual

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:

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®

Corporation

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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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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