Release 1.0
CONFIDENTIAL AND PROPRIETARY
Installation Guide
27
Appendix
A
may give credit for a continuous interruption of Services for more than 24 hours on a
case-by-case basis. Interruptions caused by your negligent or willful actions, or by failure
of equipment or service not provided by us, or by causes beyond our reasonable control, do
not qualify for credit. Lost or Stolen Equipment. If your equipment is lost or stolen, you
must notify us by calling SkyMate Customer Service. You are responsible for all charges for
Services provided to the Number for the lost or stolen equipment before you notify us of
the loss or theft. We will deactivate Services to the Username upon notification to us of any
loss or theft. You may be required to provide evidence of the loss or theft (for example, a
police report or sworn statement). If the equipment is later found, we may require that you
exchange it for other equipment before we reactivate Services (if we do reactivate Services),
as well as require you to pay a reactivation fee. We will deactivate Services to any Username
without prior notice to you if we suspect any unlawful or fraudulent use of the equipment.
You agree to cooperate reasonably with us in investigating suspected unlawful or
fraudulent use. Limitation of Liability. Except as otherwise provided in this section, our
sole liability to you for any loss or damage arising out of providing or failing to provide
Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not
exceed (1) in cases related to a specific piece of equipment, the prorated monthly recurring
charge for Services to the piece of equipment during the affected period, or (2) in cases not
related to a specific piece of equipment, the prorated monthly recurring charges for Services
to you during the affected period. Neither we nor our vendors, suppliers or licensors are
liable for any damage arising out of or in connection with: * a) any act or omission of any
other service provider other than us; * b) any directory listing; * c) any lost messages or
inability to send or receive email; * d) any interruption of Services, including interruptions
caused by equipment or facilities failure or shortages, transmission limitations or system
capacity limitations; * e) traffic or other accidents, or any health-related claims allegedly
arising from the use of Services, equipment or accessories used in connection with the
Services;
* f) the use of Data Services, including the accuracy or reliability of any weather or other
navigational information obtained from the Internet using SkyMate;
* g) any late or failed message delivery;
* h) the installation or repair of any products or equipment by parties who are not our
authorized employees or agents;
* i) events due to factors beyond our control, including acts of God (including, without
limitation, weather-related phenomena, fire or earthquake), war, riot, strike, or orders of
governmental authority;
* k) any act or omission of any third party or independent contractor that offers products
or services in conjunction with or through the Services; or
* j) your negligent or intentional act or omission.
NO CONSEQUENTIAL OR OTHER DAMAGES. UNDER NO
CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL,
CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE
WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING
OR FAILING TO PROVIDE SERVICES OR EQUIPMENT USED IN
CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION,
LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS
AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS
AGREEMENT.