KVH Master Services Agreement

Version V

INTRODUCTION (b) KVH Data Management Service(s). KVH Data Management Services include any
1. Introduction. transmission and communications management tool provided by KVH, such as data and
This Master Services Agreement (“Agreement”), whether electronic or on paper, is a transmission management, interface and display, storage, firewall and cyber security
contract between a subscriber (“Subscriber”) and KVH Industries, Inc., including any of its service, including Internet access, software, VoIP, email, short message services and
wholly owned subsidiaries (“KVH”). This Agreement applies to all services identified in this facsimile.
Agreement and made available to Subscriber by KVH (“Services”).
(c) KVH Support Services. KVH’s Support Services are provided through KVH’s
2. Definitions. OneCare Global Support Program, which includes multiple levels of subscription-based
In this Agreement, capitalized terms have the meanings given to them when they are first technical and operational support services. OneCare Global Support Program may be
used or the meanings given to them in this Section 2 (Definitions). supplemented with additional non-subscription support services known as OneCare
Professional Services which are described in Section 4(d) below.
“Anonymized Data” includes information constituting or descriptive of demographic
information, operational data, location, position, movements, habits, usage patterns, (1) Required Services for Terminal Equipment.
preferences, survey data, transmitted or received Subscriber Content, or other descriptive
or related data that is not Personal Data and that does not include the identity of any (i) KVH requires that Subscribers that use Terminal Equipment for the reception of
Subscriber, Subscriber equipment, vessel, or particular user of the Services. Airtime Services (except Subscribers receiving Airtime Services as a part of KVH’s
AgilePlans Service) purchase one of the levels of subscription-based OneCare
“AgilePlans” means a package of Services that are made available by KVH pursuant to a Global Support Program for each KVH TracPhone and TracNet terminal and for
monthly subscription fee and include the Services identified on an AgilePlans by KVH each KVH Integrated Solution Product. The different levels of Service and Support
Service Order, the Terminal Equipment identified on an AgilePlans by KVH Service Order, plans are: (1) "Essential Service and Support" (“Essential”), (2) "Standard Service
and the KVH OneCare Global Service and Support service. and Support" (“Standard”), (3) "Premier Service and Support" (“Premier”), and (4)
"Premier+ Service and Support” (“Premier+”).
“CommBox” means a CommBox network management solution used on a vessel and
potentially also at an onshore location to improve network performance and control. A (ii) Subscribers of KVH’s AgilePlans Service receive KVH’s OneCare Global Service
CommBox solution includes CommBox standard software (“CommBox Software”) and can and Support as a part of the Agile Plans Service at no additional cost.
also include additional software modules for additional functionality (“Add-on Software
Modules”). (2) Essential Service and Support. This service option is available only to
KVH subscribers of Starlink service. The Operational Support provided by Essential
“Content” means both Subscriber Content and KVH Content. support covers only the Starlink terminal hardware and warranty administration.

“KVH Content” means any communications, messages, programming, news, weather, (3) Standard Service and Support. Airtime Service Subscribers that have
training, entertainment, gaming, and educational information, vessel operational, location stand-alone KVH TracPhone or TracNet terminals are eligible to subscribe to any
and/or position data, and video supplied by KVH and its Service Providers. For the level of OneCare Service and Support Service and are required, at a minimum, to
absence of doubt, KVH Content may be provided by KVH either as a Service or included subscribe to Standard service. The Operational Support provided by Standard
within a Service that is provided by KVH. support covers only the KVH TracPhone and TracNet terminals, the embedded
software, and any IP-MobileCast Media Server that may be installed by KVH with the
“KVH Link Service” means a package of KVH Content that are made available by KVH, terminal (“Covered Terminal Equipment”).
including any of the following: programming, news, weather, training and educational
information, charts, and video supplied by KVH and its Service Providers. (4) Premier and Premier+ Service and Support. Premium and Premier+
support provide support for both KVH equipment and any third-party equipment sold
“KVH VSAT Service” means an Airtime Service provided by KVH using KVH’s global High to Subscriber by KVH (also included within the definition of “Covered Terminal
Throughput Satellite network to provide broadband throughput capabilities to vessels, and Equipment”). Premier+ support also provides Remote Port Repair Coverage.
include AgilePlans.
(d) Additional Support Services. OneCare Global Support Program may be
“Personal Data” means any information regarding an identified or identifiable natural supplemented with additional non-subscription Support Services, including OneCare
person, or as defined under applicable law. “Personal Data” shall have the same meaning Application Engineering, OneCare Solution Deployment, and OneCare Preventative
as “Personal Information”, “Personally Identifiable Information” as set forth under applicable Maintenance (collectively, “OneCare Professional Services”). The OneCare Professional
law. Services are not automatically included in the OneCare Global Support Program and are
governed solely by KVH’s Professional Services Terms and Conditions, which can be found
“Service Order” means each KVH form, whether electronic or on paper, that Subscriber at KVH’s website ([Link]/professionaltermsandconditions) and not by this
completes, executes and submits to KVH, either directly or electronically through Agreement.
[Link] (the “myKVH Site”) to order or modify Services from KVH. For the
avoidance of doubt, an Activation Form is a Service Order for new Service(s). The (e) CommBox Support. Users of CommBox are required to have a subscription to the
AgilePlans by KVH Service Order is also a Service Order for new Services. CommBox Software Maintenance and Support service (“CommBox Support”).

“Service Provider” means any third-party provider of networks, communications services, SUBSCRIBER’S ACCOUNT
equipment installation or support services authorized by KVH to provide the KVH Content 5. Subscriber Representations.
and Services, including satellite and gateway services, and terrestrial, GSM and LTE Subscriber represents to KVH that: (a) Subscriber or the person executing this Agreement
networks, and includes the affiliates, resellers, channel partners and agents of KVH and or Service Order on behalf of Subscriber is of legal age, is fully competent and has the
such third parties authorized by KVH. power and authority to enter into and perform Subscriber’s obligations under this
Agreement; (b) if Subscriber is an entity, the person executing this Agreement or Service
“Subscriber Content” means any information, data, images or videos generated or Order is authorized by Subscriber to do so; (c) Subscriber will comply with all terms and
transmitted by the Subscriber or its Third Party Users, or transmitted to the Subscriber or its conditions of this Agreement, the terms of each Service Order and Subscriber Policies; (d)
Third Party Users by anyone other than KVH and its Service Providers, in all cases using all information provided by Subscriber to KVH on each Service Order, on the myKVH Site
either an Airtime Service or a Management Service, and includes, but is not limited to, voice or elsewhere is truthful, accurate and complete; and (e) Subscriber will notify KVH promptly
communications, data, emails, short messages, facsimiles, images, videos, gaming and of any changes in such information.
vessel operational data, location and/or position data. Subscriber Content may include
Personal Data. 6. Credit Approval and Security Deposit.
(a) Credit Approval. All accounts are subject to credit approval. In addition to information
“Subscriber Equipment” means any equipment used to access and use the Services that supplied by Subscriber, Subscriber hereby consents to KVH obtaining Subscriber credit
is not provided by KVH. Subscriber Equipment can potentially include computers, monitors, information from trade references and credit reporting agencies, and such other sources as
servers, firewalls, modems and devices that connect with the Terminal Equipment, but were KVH deems necessary or appropriate.
not provided by KVH to Subscriber. Subscriber Equipment can also include a Third Party
Terminal. (b) Security Deposit. Based on this information and other factors KVH deems relevant to
Subscriber’s creditworthiness, including without limitation Subscriber’s payment history
“Terminal Equipment” means a two-way satellite, GSM or LTE antenna and/or other and/or usage patterns, KVH may require Subscriber to make a security deposit or other
associated terminal equipment (potentially including, but not limited to, servers, terminals, form of payment guarantee. Such deposit shall be subject to increase or decrease as KVH
set top boxes, firewalls, modems or the CommBox), that is provided by KVH for use with deems necessary (including based upon unusual or excessive usage) and shall not accrue
any of the Airtime Services. interest unless required by law. Such deposit is not a credit against any payment
obligations. KVH will refund Subscriber’s deposit upon termination of a Service Order(s) or
“Third Party Terminal” means a satellite antenna and/or other associated transceiver this Agreement, as applicable.
equipment that is not manufactured by KVH but has been approved by KVH for use with the
Service. (c) No Waiver. Subscriber may receive Services prior to completion of a credit review or
security deposit request. In providing Services, KVH does not waive its right to demand a
3. Binding Agreement. security deposit or complete a credit review. KVH reserves its right to suspend or
By purchasing Services from KVH, Subscriber agrees to abide by the terms and conditions discontinue Services should Subscriber not timely satisfy KVH’s security deposit demand.
of (i) this Agreement, (ii) the terms of each Service Order, and (iii) applicable pricing plan,
rate sheets and policies associated with the particular Services selected by Subscriber on 7. Operation of Subscriber Account.
each Service Order (the “Subscriber Policies”) (for purposes of this Agreement, the terms (a) Account Registration. Subscriber must initiate its account by registering on the
and conditions of each Service Order and the Subscriber Policies shall be included in the myKVH Site, including providing all information required by the registration process, and by
definition of “Agreement”). The Subscriber Policies shall be published and made available completing the registration, including Subscriber’s acknowledgement and consent to the
by KVH to Subscriber at [Link]/airtimeresources. KVH shall not be bound by terms of this Agreement, through the associated Service Order execution process.
Subscriber’s terms and conditions in Subscriber’s purchase order with Service Providers or Subscriber, or its Authorized Representative(s), can then order Services from KVH by
elsewhere. completing Service Orders associated with its account and, with respect to Service Orders
completed electronically on the myKVH Site, by executing those Service Orders through the
4. Services Description. associated electronic signature process.
Most of the Services made available by KVH to Subscriber involve three broad categories:
“Airtime Services,” “Data Management Services” and “Support Services” each (b) Obligation to Notify of Changes in Account Information. Subscriber is solely
described in Section 4(a), 4(b) and 4(c) below. KVH may supply each of these three responsible for keeping Subscriber’s account information with KVH up to date. Subscriber’s
categories of Services to Subscribers using networks, services and communications failure to promptly provide KVH with accurate, complete and updated account information in
Content of various Service Provider(s). writing shall constitute a material breach of this Agreement, and may result in the
immediate termination or suspension of this Agreement or Subscriber’s account by KVH.
(a) KVH’s Airtime Service(s). KVH’s Airtime Service(s) consist of any form of
communications or data transmission using any form of wired or wireless transmission (c) Invoices and Notices. KVH will deliver invoices and important notices to Subscriber
capability, including satellite, GSM or LTE. via the electronic mail address on Subscriber’s Service Orders. Subscriber shall not be
released from Subscriber’s obligations under this Agreement, including the obligation to
make timely payment, because invoices and notices are not received.

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Version V

USE OF SERVICES
(d) Authorized Person(s). Subscriber may designate other person(s) as “Authorized 12. Subscribers’ Liability for Use, Misuse, Unauthorized Use or Theft of Airtime Services.
Representative(s)” or “myKVH Authorized User(s)” by completing, signing, and (a) Payment of Charges. Subscriber shall be solely responsible for payment of all
submitting to KVH an Account Administration Form, which can be found at KVH’s website charges, including any monthly fixed and overage charges, all charges for KVH Content
([Link]/accountadminform) or when available via the myKVH Site. services, including Airtime Service charges for the re-transmission of Content or other
materials that may not have been successfully received during initial transmission, and any
(1) If Subscriber makes an Authorized Representative designation, Subscriber fees for Network Management Communication, transmission and/or termination of data or
grants such person(s) full right, power and proper authority to enter into and voice communications. Subscriber is solely responsible to supervise and control the
act for and on behalf of Subscriber with respect to this Agreement, including consumption and use of the Airtime Services. Subscriber shall be solely responsible and
but not limited to the purchase or modification of Services and management of liable for unauthorized use of Subscriber’s account whether fraudulent or otherwise.
Subscriber’s account, except for appointing additional Authorized
Representatives. (b) Airtime Services Rates and Overage Charges. Subscriber acknowledges that the
prices for the Airtime Services may include both monthly fixed rates for data transmissions
(2) If Subscriber makes a myKVH Authorized User designation, Subscriber grants up to a maximum ceiling and additional overage charges for data transmissions in excess
such person(s) full right, power and proper authority to enter into and act for of the monthly maximum limit. Subscriber further acknowledges that certain Airtime and
and on behalf of Subscriber with respect to the specific account functions KVH Content Services, such as video programming services, may be subject to separate
and/or roles designated on each Service Order or the Account Administration fees such as on a per viewing basis. In addition, certain communications, such as voice
Form (as applicable). calls, may be subject to transmission and/ or termination charges imposed by third-party
Service Providers.
All use by an Authorized Representative(s) or myKVH Authorized User (collectively,
“Authorized Person”) is subject to this Agreement. (c) Responsibility for Equipment Configuration. It is Subscriber’s sole responsibility to
ensure that all Terminal Equipment and Subscriber Equipment is properly configured for the
(e) Responsibility for Authorized Person(s). Subscriber agrees to accept all particular Airtime Service that Subscriber has selected, and has a continuous source of
responsibility and liability for all decisions, omissions, actions, and changes made by power and connection to the Airtime Service to receive software and Content updates. It is
Subscriber’s Authorized Person(s). Subscriber agrees to reimburse, indemnify and hold Subscriber’s sole responsibility to gain an understanding of the technical aspects, use, and
harmless KVH on demand for any and all costs, expenses and reasonable attorney’s fees operation of the Terminal Equipment, and Subscriber Equipment as well as the details and
incurred by KVH in defending any claims relating to or arising out of any decisions, terms of the Airtime Services and the associated rates. KVH and its Service Providers are
omissions, actions, and/or changes made by Subscriber’s Authorized Person(s). not to be held liable and are not responsible for any misuse of the Airtime Services or any
non-compliant configuration of the Terminal Equipment and Subscriber Equipment used to
(f) Removal of Authorized Person(s); Changes in Services. At any time and without provide the Airtime Services and Subscriber is solely responsible for any excess
prejudice to or adverse effect on any rights KVH may have against it or Authorized consumption or overage of the Airtime Services that results from such misuse or non-
Person(s), Subscriber may remove the authority of an Authorized Person by submitting a compliant configuration.
signed Service Order to KVH or electronically via the myKVH Site.
(d) No Refunds for Improper Equipment Configuration. KVH shall not under any
RESALE AND THIRD PARTY USE circumstances abate or refund charges to Subscriber’s account arising from the fact that, or
8. Resale, Distribution, and Third Party Use. on the basis of Subscriber claims that, Terminal Equipment or Subscriber Equipment was
(a) No Resale or Unauthorized Distribution of Services or KVH Content. Subscriber shall not properly configured at the time charges were accrued.
not re-sell or distribute the Services or provide the Services or the KVH Content to any third
party, with or without consideration, without KVH’s prior written consent, in its sole (e) Subscriber Obligated to Notify if Equipment Transferred or Stolen. Subscriber shall
discretion. The sole exception to this restriction is making the Services or KVH Content notify KVH immediately in writing if Subscriber sells, gives away or otherwise transfers the
available to employees, crew, customers, Authorized Persons and other individuals Terminal Equipment to another party, or if the Terminal Equipment is stolen or otherwise
designated by Subscriber as eligible to use the Services (collectively referred to as the removed from Subscriber’s vessel or other such vehicle or platform. Upon KVH’s request,
“Third Party Users”). KVH reserves the right in its sole discretion to terminate this Subscriber shall provide a police report of any theft.
Agreement or suspend Services in the event of unauthorized resale or distribution of
Services or KVH Content by Subscriber. (f) Subscriber Registered Agent of Services. Unless and until KVH receives written
notice from Subscriber terminating Service as provided herein or unless otherwise provided
(b) Responsibility for Third Party Users. Subscriber shall be fully responsible for the by law, Subscriber shall be considered the registered recipient of the Services, and liable
compliance of its Third Party Users with all of the relevant terms and conditions of this for any charges or fees incurred by any use of the Services.
Agreement, including but not limited to the first paragraph of this Section 8 (Resale and
Third Party Use), Sections 9 through 11 (Equipment), Sections 12 through 21 (Use of 13. Unacceptable Use of Services.
Airtime Services), Sections 22 through 25 (Subscriber Information and Privacy), Section 26 Services shall not be used for any unlawful or unacceptable uses (“Unacceptable Use”),
(Proprietary Rights), Sections 33 through 39 (Warranties and Liabilities) and Sections 50 which shall be determined in KVH’s sole discretion, including without limitation: (a) posting,
through 86 (Service Specific Requirements); and as a condition of their use of the Services, disseminating, storing or transmitting duplicative or unsolicited messages, chain letters,
Subscriber shall require its Third Party Users to enter into an agreement with Subscriber pyramid schemes, or unsolicited email (commercial or otherwise); (b) posting, uploading,
requiring them to consent to and comply with the above listed terms. Subscriber disseminating, storing or transmitting material of any kind or nature that, to a reasonable
acknowledges that, if a Third Party User fails to comply with the above listed terms of this person, may be abusive, obscene, harmful, hateful, pornographic, defamatory, harassing,
Agreement, KVH shall have the right to limit, modify, suspend or terminate the Services just libelous, deceptive, fraudulent, invasive of another’s privacy, grossly offensive, vulgar,
as it would for non-compliance by Subscriber. threatening, malicious or racially, ethnically or otherwise objectionable; (c) obtaining
unauthorized access to data, systems or networks, including any attempt to probe, scan or
EQUIPMENT test the vulnerability of a system or network or to breach security or authentication
9. Terminal Equipment. The Terminal Equipment can either be purchased or leased from measures; (d) unauthorized monitoring of data or traffic on any network system; (e)
KVH, except with respect to Terminal Equipment that is provided by KVH for use with interfering or disrupting service to any other user, host or networking, including mail
KVH’s AgilePlans and Firewall Services, which are provided without charge but at all times bombing, flooding, attempts to overload a system, and broadcast attacks; (f) forging of any
remains the property of KVH. All Subscribers are required to maintain, operate and safely TCP-IP packet header or any part of the header information in an email or newsgroup
and securely store the Terminal Equipment. Subscriber and any of its Third Party Users posting; (g) relaying mail via another site’s mail server without express permission of that
shall not modify the Terminal Equipment in a manner that violates this Agreement or would site; (h) canceling any postings or messages other than Subscriber’s own, except for
otherwise alter the transmission characteristics of the Terminal Equipment. postings in Subscriber’s name that have been forged; (i) impersonating any person or
entity, including any KVH employee or representative; (j) disclosing Subscriber’s password
The Parties agree to the creation of a charge and equitable lien over all Terminal or other means for accessing the Service to any third party, or otherwise facilitating
Equipment that has been supplied pursuant to this Agreement, and/or over any vessel to unauthorized access thereto; (k) using the Services where they are not authorized; (l)
which Terminal Equipment or Services have been provided. Such charge or equitable lien furthering criminal activity; (m) using a VoIP Service for forwarding US toll-free numbers
shall be deemed a “Maritime Claim” under Article 1 of the International Convention on the internationally; or (n) duplicating, using before or after the valid viewing dates, or otherwise
Arrest of Ships 1952 and 1999, entitling KVH (or its agents) to take action against any violating the copyright and distribution agreements for Content available through the Airtime
vessel (or its sisterships) to which Terminal Equipment or Services have been provided. Services. Subscriber is obligated to ensure that it has the legal authority (based on
copyright, trademark, contract, or other body of law) for the transmission and duplication of
Subscriber hereby grants KVH a lien upon any and all cargoes, bunkers, hires, sub-hire, all any programming, content, or other materials that is transmitted over the Airtime Service
freights, sub-freight relating to any vessel’s employment for any sums due to KVH under the either by Subscriber or by KVH on Subscriber’s behalf. Any Unacceptable Use of the
Agreement. Neither Party shall take issue and/or dispute either the right of lien or charge, Services shall be a breach of this Agreement.
or the corresponding right of arrest or attachment.
14. Prohibited Applications and Content.
10. Subscriber Equipment. Subscribers are not permitted to use the Airtime Services for peer-to-peer file sharing
Subscriber, at Subscriber’s expense, shall be solely responsible for providing, installing, services and all such protocols will be blocked by KVH. Subscribers using fixed rate plans
maintaining, and operating all Subscriber Equipment. KVH makes no guarantee as to, and or unlimited use rate plans are also not permitted to use the Airtime Services for online
bears no responsibility for, ensuring compatibility of Subscriber Equipment with the gaming software applications and streaming media that has not been marketed or approved
Terminal Equipment and the Services. by KVH and all such data transmissions will be blocked by KVH.

11. KVH Communication with Terminal and Subscriber Equipment. KVH may, for network 15. Fair Access Policy.
management purposes and to improve the Services, communicate with the Terminal To ensure that all subscribers have equitable access to the Airtime Services, KVH has
Equipment and the Subscriber Equipment over the network without prior notice or further implemented a Fair Access Policy (“FAP”). Subscriber agrees that KVH has the right to
consent from Subscriber for such purposes as to (i) direct it to initiate, cease, or modify its monitor the satellite network for upload and download activity that causes disruption of data
communications with the network; (ii) perform software upgrades ; (iii) test hardware, transfer rates and poor performance of the Airtime Services. If Subscriber performs upload
software, and satellite signal configurations; and (iv) monitor, log, and analyze satellite and download data activity that is excessive and contributes to the disruption of the Airtime
signal and hardware performance, vessel operation, location or position, and environmental Services, KVH is authorized to temporarily limit the transfer rate at which Subscriber can
conditions (collectively referred to as “Network Management Communication”). As a part send and receive data over the Airtime Services without liability or to charge for use beyond
of this process, KVH may collect vessel-specific and Subscriber-specific information, such the limit. KVH, however, will not reduce the data transfer rate for Subscribers of the KVH
as vessel navigation and operations data, and data regarding Subscriber and third-party VSAT Service below the committed information rate (“CIR”), which is the lowest average
equipment or hosted software installed on the vessel. Said data may be collected, stored information rate that KVH will configure a Subscriber’s KVH VSAT Service. Actual
and analyzed for KVH’s internal use, such as to manage, test, and improve the Services, information rates can drop below the CIR as detailed in Section 18 (Airtime Services
and/or for additional services that monitor equipment health, assist in Subscriber fleet Availability). Excessive use shall be determined by KVH in its sole discretion, based on the
operations, and optimize the performance and reliability of KVH Services received by FAP limits or CIR associated with a Subscriber’s pricing plan and pro-ration of network
Subscriber. Subscriber hereby consents to such Network Management Communication by capacity of all subscribers simultaneously using the network at any point in time. For fixed
KVH, which shall be conducted at no additional cost to the Subscriber. Subscriber further rate plan and unlimited use rate plan subscribers, excessive use includes but is not limited
acknowledges and consents to the use by KVH of Anonymized Data, as defined in Section to the use of web cameras, voice, or VoIP services (not marketed as part of the Airtime
2 of this Agreement, by KVH to measure, depict and analyze trends, group behaviors, Services), and excessively large file downloads or uploads. Subscribers engaging in
benchmark performances and other aggregated phenomena, including providing the excessive use will still be able to use the Airtime Services, but Subscriber’s transfer rate will
Anonymized Data and analyses to third parties. be slower. In cases of extreme and continued violation of the FAP, as determined by KVH
in its sole discretion, Subscriber’s use of the Airtime Services may be suspended by KVH

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Version V

and terminated by KVH if Subscriber fails to cure the violating conditions within thirty (30) the Subscriber. Subscriber shall not interfere in any way with the exercise by KVH of these
days following the dispatch to Subscriber by KVH of written notice of the violation. rights.
Subscriber agrees that KVH may use other traffic management and prioritization tools to
help ensure equitable access to the Airtime Services for all subscribers. (d) Promotional Materials. The KVH Content made available by KVH through the Airtime
Services may include promotional material for KVH-provided products and services and
16. Airtime Services Limitations. Subscriber herein consents to the receipt of such promotional materials.
Subscriber is responsible for abiding by all international and jurisdictional rules and
regulations. The Airtime Services may be used in international waters and to the extent (e) Disclaimer of Content Liability. Certain of the Content provided using the Airtime
permitted, within the territorial waters of various countries. Subscriber is responsible for Services may include vessel operational, location and position data, communications
ensuring that the Services are used only within the territorial waters of countries that permit involving you, your officers and employees, or instructional, training, entertainment, and
such use. Subscriber acknowledges that the definition and geographic size of territorial information, including news, weather conditions, forecasts and data, training, and
waters for purposes of these limitations varies from country to country. Subscriber also educational material. KVH and its Service Providers provide no warranty or assurance
acknowledges that some countries such as the United States permit the unlimited use of regarding the accuracy, reliability, or completeness of such Content, including such KVH
the Airtime Services in their territorial waters, while others may allow use of the Airtime Content, and the presentations and data contained therein. The transmission and receipt of
Services only on a temporary basis while transiting their waters and others may not allow all Content is subject to delay and blockage inherent in satellite transmission. All
use of the Airtime Services in their territorial waters at all. originators and recipients of the Content accept and assume all risk and liability for their
potential reliance on information, data, and material provided through the Airtime Services.
17. KVH Status.
Subscriber acknowledges that KVH makes the Airtime Services available using satellite and 21. Remedial Obligations.
telecommunications networks, programming, content, and other services provided to KVH If Subscriber believes that there has been any violation of any of the restrictions on use of
by third-party Service Providers. The networks and content vary with regard to technology, Services, Subscriber shall contact KVH immediately and provide: (a) the nature of the
configuration, Terminal Equipment, and/or Subscriber Equipment to be used and with alleged violation, along with any supporting evidence; (b) the date and time of the alleged
regard to application possibilities, throughput, and quality. An Airtime Service can only be violation, including the time zone; and (c) the telephone number or IP address used to
used in relation to the network of the applicable Service Provider. KVH’s ability to make the commit the alleged violation. Where a violation of the use of Airtime Service restrictions is
Airtime and other Services available is therefore derived from and limited by the terms of found to have occurred, KVH shall have full and absolute discretion to determine the
the agreements between KVH and the Service Providers. KVH will at all times have the response that is appropriate in the circumstances, including (but not limited to) any one or
right to take measures and/or give instructions to Subscriber that KVH or its Service more of the following actions: (a) issue a warning to the user; (b) remove any postings that
Providers deem reasonably necessary in order to prevent and/or correct faults in the violate the terms of this Agreement; (c) suspend newsgroup posting privileges; (d) suspend
Services, which Subscriber shall follow. KVH also has no control and no responsibility or the Subscriber’s Services; (e) terminate the Subscriber’s Services following Subscriber’s
liability over the manner in which Services are delivered and provided by Service Providers. failure to cure the violation within thirty (30) days following the dispatch to Subscriber by
KVH therefore reserves the right to terminate immediately this Agreement and/or the KVH of written notice of the violation; and (f) bill Subscriber for administrative costs and/or
provision of any Services under this Agreement if KVH’s agreements with its applicable reactivation charges. KVH is not responsible for any failure or delay in removing such
Service Providers terminate, or if KVH ceases to provide one or more of the Services to unauthorized Content. Subscriber agrees to fully cooperate, as may be necessary or
subscribers. requested by KVH to investigate alleged violations of law, regulation, the terms of this
Agreement or otherwise to protect KVH’s rights or property, and may include disclosure to
18. Airtime Services Availability. or cooperation with authorized governmental authorities.
(a) Fluctuations and Variations in Speed and Transfer Rates. Given ongoing changes to
satellite and terrestrial technologies and fluctuations in usage, accurately predicting daily SUBSCRIBER INFORMATION AND PRIVACY
download and upload data transfer rates is not currently feasible. Published data rates are 22. Use and Control of Information.
rate plan maximums (“Maximum Information Rates”) and may vary in different regions (a) Personal Data Collected. KVH collects Personal Data in connection with the
and conditions and are based on satellite transmissions involving the Terminal Equipment Services. The type of Personal Data KVH collects may vary depending on the Services
and not Subscriber Equipment. Subscriber acknowledges that, from time to time, the rendered and Subscriber’s interactions with KVH.
Airtime Services may intermittently encounter variations in data transfer rates because of
factors which may include but are not limited to the time of day and congestion on the (i) From Subscriber. When Subscriber signs up to receive, add or extend a Service,
Internet and/or network as a whole, Subscriber’s own network configuration and usage KVH collects Personal Data that Subscriber provides such as names, contact details
patterns, and maintenance and upgrade procedures or repairs which KVH and/or its (address, email and phone number), billing contact details and payment method, and other
Service Providers, including its satellite operators, may undertake from time to time, data detailed on the Activation Service Order to fulfill the terms of this Agreement. In
including grooming or transition of satellites. providing certain Services, KVH collects location data from the vessel and from
Subscriber’s connected devices such as GPS, latitude and longitude information, images of
(b) Not Error-Free or Continuous. Subscriber further acknowledges that the operation of the various locations and the operations and performance of the Subscriber Equipment on
the Services may not be continuous, uninterrupted, or error-free. Without limiting the the vessel. At Subscriber’s election, KVH supplements this data with information it
foregoing, the Services may become unavailable or limited because of network equipment discloses about its location (such as ZIP or postal code) to provide content that may be of
failures, incompatibility of Subscriber Equipment, capacity limitations of a Service Provider, interest to Subscriber. KVH also may collect Personal Data when Subscriber visits a
emergency pre-emption as required by governmental authorities who have jurisdiction over customized website or Customer Account Portal (as defined in Section 54), including email
Service Provider’s systems, or periodic or emergency maintenance conducted by KVH or a address, telephone number, username or login. More information about KVH’s data
Service Provider for modifications, upgrades, repairs, and similar purposes. The Airtime collection practices when browsing KVH’s websites can be found at [Link]/privacy
Services are also subject to transmission and reception limitations caused by: (a) service
area limitations, including without limitation, changes to the satellites used to provide the (ii) From Third Party Users. When Subscriber signs up to receive, add or extend a
Airtime Services, or the coverage patterns of the satellites or topographical conditions, Service, KVH may collect and process Personal Data Subscriber provides about Third
whether man-made or natural that obstruct the line of transmission between the Terminal Party Users. If Subscriber provides KVH with Personal Data of a Third Party User,
Equipment or Subscriber Equipment and the Airtime Services; (b) the condition of Terminal Subscriber acknowledges that Subscriber is responsible for obtaining any necessary
Equipment or Subscriber Equipment; (c) Acts of God and other causes beyond the control consents or authorization from the Third Party Users for the provision of their data.
of KVH which are not reasonably foreseeable by KVH; (d) weather conditions; (e)
atmospheric conditions (i.e., space debris, solar flares, and other atmospheric anomalies or (b) Use of Personal Data.
disturbances); (f) magnetic interference; (g) environmental conditions; and (h) other like
conditions. Given these limitations, Subscriber is solely responsible for management of its (i) Types of Use. KVH uses Personal Data for a variety of business purposes including
Subscriber data, including but not limited to back-up and restoration of that data. KVH and to enter into a contract; establish or activate accounts; conduct credit reports; provide
its Service Providers are not responsible for the loss of Subscriber data or for the back-up contracted Services, and manage communications with Subscriber including to provide
or restoration of Subscriber data. appropriate technical support; perform accounting, auditing, billing, reconciliation and other
collection activities; provide Subscriber access to customized websites and Customer
19. Security; Passwords. Account Portals to manage Subscriber’s account and track data usages; operate and
The Internet is an inherently insecure medium and KVH does not represent, warrant, or improve the Services, including the analysis, enhancement and development of KVH
guarantee the security or integrity of any communications made or received using the products and services; send at Subscriber’s election newsletters, offers programs, product
Airtime Services. Subscriber shall be solely responsible and liable for the security, and services that may be of interest to Subscriber; perform data analytics and; identify and
confidentiality and integrity of all of the Content that Subscriber or its Third Party Users protect against fraud, or other criminal activities; defend against legal claims and comply
receive or transmit through the Airtime Services or store on the Terminal Equipment or with applicable law and KVH policies. When KVH operates as a processor, the parties
Subscriber Equipment, and all Subscriber data used with the Services. Subscriber shall be agree to comply with KVH’s Data Processing Addendum (“Addendum”), available at
solely responsible and liable for any authorized or unauthorized access to Subscriber’s [Link]/[Link], with respect to KVH’s Processing of Personal Data and
account by any person. Subscriber agrees to bear all responsibility and liability for the Subscriber Content (as applicable) on behalf of Subscriber in the provision of the Services.
confidentiality of the passwords of Subscriber and its Third Party Users and all use of the
Services with such passwords. (ii) Customer Proprietary Network Information to Provide Products and Services. KVH is
required under United States federal law to protect the confidentiality of Subscriber’s
20. Internet, Programming, and Other Content. Customer Proprietary Network Information (“CPNI”). Subject to Subscriber’s opt-in
(a) Suitability of Content. Subscriber acknowledges that Internet sites, video consent, KVH and its subsidiaries and affiliates may use Subscriber’s CPNI (e.g., the
programming, and other Content, might consist of, include and/or provide access to identity of the telecommunications services Subscriber purchased and Subscriber’s usage
images, sounds, messages, text, service or other Content and material that may be of those telecommunications services) to contact Subscriber to offer other products and
unsuitable for minors and that may be objectionable to many adults. Subscriber services to Subscriber based on this information. At any time, Subscriber may opt-out by
acknowledges that access to the Internet and video programming Content through the informing KVH that Subscriber no longer wishes to allow KVH to use Subscriber’s CPNI for
Airtime Services is at Subscriber’s sole risk. such purposes by informing KVH in writing at the following address: KVH Industries, Inc.,
50 Enterprise Center, Middletown, Rhode Island 02842, U.S.A., Attention: KVH Marketing
(b) Limited Availability of Access. The reliability, availability, legality, performance, and Dept. OR via email to press@[Link]. Any approval or denial of approval for the use of
other aspects of resources accessed through the Internet are beyond KVH’s reasonable CPNI outside of the Service to which Subscriber already subscribes from KVH is valid until
control and are not in any way warranted or supported by KVH or its Service Providers. Subscriber affirmatively revokes or limits such approval or denial. Denial of Subscriber’s
KVH does not endorse and is not responsible or liable for any Content, advertising, approval for KVH to use Subscriber’s CPNI will not affect the provision of any Services to
products, or other materials on or available from sites or resources available through the which Subscriber’s subscribe. However, Subscriber’s approval for KVH to use CPNI may
Airtime Services, including the accuracy or reliability of any material or claims contained enhance KVH’s ability to offer products and services tailored to Subscriber’s needs. None
therein. Subscriber acknowledges that safeguards relative to copyright, ownership, of the above shall be construed to limit KVH use of other information not addressed in this
appropriateness, reliability, legality, and integrity of Content may be entirely lacking with Section 22 (Use and Control of Information).
respect to the Internet and Content accessible through it. Subscriber assumes all risk and
liability of any use of the Internet through Subscriber’s account. (c) Legal Basis. KVH collects Personal Data where necessary to perform under the
Agreement. The Personal Data KVH collects to enter into a contract with Subscriber is
(c) Control of KVH Content. KVH retains absolute and complete discretion to select the mandatory to perform the Agreement and render Services, or is otherwise required to
KVH Content made available by KVH through the Airtime Services, including the right to comply with the law. KVH cannot provide Services without Subscriber’s Personal Data as
update, modify, or delete the KVH Content that is available through the Airtime Services or set forth in the Service Order. KVH also collects and uses Personal Data in accordance
is maintained on the Terminal Equipment or Subscriber Equipment. KVH may use the with its legitimate business interest, including to improve KVH’s products and services,
Airtime Services to remotely update the KVH Content and operating software maintained on perform accounting and other billing and auditing functions, manage information and
the Terminal Equipment and Subscriber Equipment without notice to, or the permission of, network security, and perform data analytics. Subject to applicable law, KVH may use

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Personal Data in the event of a sale, merger, consolidation, change in control, transfer of violate or threaten policy or the rights of any person or entity, and to maintain and use
assets, reorganization bankruptcy, or liquidation, on the basis of its legitimate interest to internally such information and records. Subject to applicable law, information generated
develop and/or reorganize its business activities. Where required by applicable law, KVH by or in connection with KVH administration of the Services shall be and remain the
seeks Subscriber’s prior consent to engage in marketing activities and provides Subscriber exclusive property of KVH.
the right to opt-out. In other cases, KVH uses Personal Data to comply with applicable law
or as required in response to courts, law enforcement agencies or other legal authorities, or PROPRIETARY RIGHTS
to defend or pursue legal claims on the basis of its legitimate interest to defend its interests. 26. Proprietary Rights.
Except to the extent the same is determined to be part of the public domain, all KVH
(d) Sharing Personal Data. In order to provide Services worldwide, Personal Data will be Content available through or distributed over the Airtime Services, made available through
shared with KVH entities, including those outside of the jurisdiction where the Subscriber KVH-managed Internet portals, or maintained within the Terminal Equipment and
resides. Access to Personal Data is only to those who require such access to perform their Subscriber Equipment, and all service marks, trademarks, names, logos, marketing
tasks and to third parties who have a legitimate purpose for accessing it. Personal Data materials and other indicia used in connection with the distribution, marketing and
also will be shared with our Service Providers in order to render the Services, including to promotion of the KVH Content and Services (hereinafter “Intellectual Property”), is subject
fulfill orders, process data on KVH’s behalf, provide direct marketing services, or provide to copyright, database protection, trademark, and other rights under applicable laws.
technical support. KVH Service Providers are contractually bound to use Personal Data for Unauthorized use of such Intellectual Property is a violation of copyright, trademark and
the service they were hired to perform. In certain circumstances, it may be necessary for potentially other laws. Subscriber and any of its Third Party Users shall not copy, distribute,
KVH to share Personal Data with legal advisors, banking institutions, creditors, auditors or transmit or publish such Intellectual Property in any form, including printed, electronic,
to protect KVH’s legal rights. digitized, audio or otherwise, or modify all or any portion of such KVH Content, and shall not
use the Intellectual Property for any purpose, including for purposes of promotion, without
(e) Security. KVH employs industry standard administrative, technical and physical the prior written consent of KVH and the copyright owner. Some of the Intellectual Property
safeguards designed to protect Personal Data against accidental, unlawful, or unauthorized includes software, or is made available to Subscriber through software or firmware
destruction, loss, alternation, access or use. Still, no method of transmission over the interfaces, or through software or firmware storage, compression, transmission, encryption,
Internet, or method of electronic storage, is 100% secure. Therefore, KVH cannot and other security measures. Regardless of the purpose of the software or firmware,
guarantee that Personal Data is under absolute security with the existing security Subscriber shall not, and shall not authorize or assist others, in any attempt to bypass,
technology. Contact privacy@[Link] with any questions about the security of the disable, defeat, modify, or obtain the source code for the software or firmware through
Personal Data. decompilation, disassembly, reverse engineering or other means. The intellectual property
rights in the software and firmware remain solely with KVH and its Service Providers and
(f) Rights and Choices. Subscriber’s infringement of any intellectual property rights shall be a material breach of
this Agreement.
(i) Subscriber may opt-out at any time to receiving direct marketing materials from KVH
and its Service Providers by contacting KVH in writing at the following address: KVH TAXES, FEES, BILLING AND PAYMENT
Industries, Inc., 50 Enterprise Center, Middletown, Rhode Island 02842, U.S.A., Attention: 27. Taxes, Fees, and Billing.
VP of Marketing, KVH Marketing Dept. OR via email to privacy@[Link]. (a) Fees and Taxes. Subscriber shall pay any amount due within the timeframe stated
on the invoice or – where no timeframe is stated – within twenty (20) working days of the
(ii) To the extent required by applicable law, Subscribers and Third Party Users are invoice having been sent to Subscriber by any form set out in the Agreement. Subscriber
entitled to obtain access to information on KVH’s processing of the Personal Data supplied, shall be liable for the payment of all fees relating to Terminal Equipment, Services, KVH
to object to processing of the Personal Data, make use of the right to data portability and to Content, and applicable taxes and regulatory fees (including but not limited to fees
have the Personal Data rectified or deleted or their processing restricted. Contact associated with universal service, inspection or any other governmental programs or
privacy@[Link] to exercise these rights or learn more about KVH’s Personal Data assessments) at all times during this Agreement (including period during which the Services
protection practices. Subscribers also may lodge a complaint with the competent are suspended), without setoff, deduction for payment processing or counterclaims. Any
supervisory authority or seek other remedies under applicable law. banking fees must be settled by Subscriber. Subscriber is responsible for the payment of
charges for all Terminal Equipment, Services and KVH Content furnished to Subscriber
(g) Personal Data Retention. KVH retains Personal Data no longer than necessary in under this Agreement, including but not limited to all data call attempts, regardless of
relation to the purposes for which it was collected or otherwise processed. To the extent ultimate successful transmission and termination, and all connections completed by the
required by applicable law, KVH will erase or destroy Personal Data upon termination or Terminal Equipment, and for the payment of all charges billed to Subscriber’s account,
expiration of the Agreement, or when Subscriber withdraws consent (where lawfulness of including for programming content, toll, land, long distance and roaming charges, if
processing was based on consent and there is no other legal ground for the processing); applicable. All data usage measurements displayed in the Terminal Equipment’s graphical
when KVH objects to the processing and there are no overriding legitimate grounds for the user interface are intended solely for guidance purposes and shall in no circumstance be
processing; when Subscriber’s Personal Data has been unlawfully processed; and when it either construed as legally binding or used for actual billing purposes.
is necessary to comply with legal obligations to which KVH is bound.
(h) You may contact the legal representative and Data Protection Officer at (b) Credit for Outages. Subscriber remains responsible for charges even if the
privacy@[Link] or: Subscriber Equipment or Terminal Equipment is inoperative, or if the Airtime Services are
temporarily unavailable, except that if there is a continuous Airtime Service outage in
Felise Feingold excess of twenty-four (24) hours, then Subscriber will receive a credit equal to one day for
Sr. Vice President, General Counsel & Compliance Officer each day of an outage (rounded down to the nearest day).
KVH Industries, Inc.
50 Enterprise Center 28. Payment Due Dates; Interest and Late Fees.
Middletown, RI 02842 USA (a) Subscriber authorizes KVH to automatically charge Subscriber’s selected primary
401-847-3327 credit card in a manner consistent with Subscriber’s invoice. If a charge is rejected by the
primary credit card for any reason, then Subscriber’s secondary card will be charged. There
If you are located in Europe, you may also contact us at: will be an additional late payment charge of 1.5% per month (or the maximum rate allowed
Felise Feingold by law) on the past due amount if credit card payments on both cards are rejected. There
Sr. Vice President, General Counsel & Compliance Officer will be an additional charge of US dollars ($) 25.00 for any rejection of any charge to a
KVH Industries A/S credit card.
Birkeroed Kongevej 150B
3460 Birkeroed, Denmark (b) Disputed Invoices. Even if an invoice is disputed, Subscriber must pay the invoice
+1 401-847-3327 within the due date and must notify KVH in writing of the dispute, together with the legal
basis for such dispute, within thirty (30) calendar days after the invoice due date. Any
23. Communications with Subscriber. claims received by KVH later than thirty (30) calendar days after the invoice due date may
KVH may from time to time communicate with Subscriber on technical or operational be rejected by KVH. KVH will respond to Subscriber within thirty (30) calendar days after
matters pertaining to the Services, their features, their use, their Service Providers, Third receipt of the written notice of dispute, advising on the action being taken to resolve the
Party Users, for example, to respond to inquiries, fulfill order, administer Services or dispute. Failure by KVH to respond within thirty (30) calendar days from receipt shall not be
address technical or Service matters using online, facsimile, telephone, email and mail, and a breach of KVH’s responsibilities under the Agreement. If KVH accepts the claim from
with Subscriber’s consent, using short message services. In addition, with the Subscriber’s Subscriber, KVH shall issue a credit note to Subscriber within sixty (60) calendar days from
consent, KVH and its business partners may also contact Subscriber on marketing matters acceptance of the claim.
pertaining to their products and services, events and special offers. Subscriber
acknowledges that its interactions and communications with KVH, its representatives and (c) Changes in Payment Information. Subscriber is responsible for notifying KVH of any
its Service Providers may be monitored or reviewed for quality control and other reasonable changes to credit card information, including expiration dates.
business purposes.
(d) Past Due Accounts; Collection. Subscriber authorizes KVH to demand payment
24. Privacy Limitations. under any security provided by or on behalf of Subscriber, or to refer its account, if past
Subscriber and its Third Party Users understand that data communications transmitted over due, to attorneys and/or collection agencies for further action (and to take such further
wireless systems and the Internet may not be private or secure and KVH makes no action) without notice and to notify credit reporting agencies of any defaults in accordance
warranties regarding the privacy or security of such communications. Subscriber consents with law. Subscriber shall also pay any and all interest, costs, expenses, fees and
to KVH or its Service Providers monitoring Subscriber’s account activity in order to resolve commissions incurred by KVH in recovery of its Terminal Equipment, collecting unpaid
billing queries, prevent and minimize fraud or misuse and ensure the quality of the amounts, including attorneys’ fees, to the maximum extent allowed by law.
Services. KVH operates internationally and, when Subscriber or its Third Party Users use
Services, the data, including any personal or sensitive data, will be transferred and stored in Subscriber shall be obligated to additionally pay any and all costs and interest incurred by
different parts of the world. In using the Services, Subscriber agrees for itself and its Third KVH or their agents in taking the above steps. Subscriber shall pay such amounts in full
Party Users that such international transfers and storage will take place. and non-payment shall entitle KVH to take any of the measures described in the Agreement
and/or at law.
25. Network Access and Monitoring.
Subscriber agrees and acknowledges that KVH and its Service Providers may be required 29. Prepaid Airtime Services.
by law to provide assistance to law enforcement, governmental agencies and other Subscribers or their Third Party Users may receive certain Airtime Services from KVH using
authorities. Accordingly, Subscriber agreements that KVH and its Service Providers may physical or virtual prepaid cards issued by KVH. All prepaid cards are non-refundable and
implement and maintain an interception capability suitable to meet these law enforcement non-reloadable. Subscriber and its Third Party Users are solely responsible for safely
and regulatory requirements where KVH and/or its Service Providers are obliged by law to securing physical or virtual prepaid cards and ensuring that they are not lost, stolen, or
ensure or procure that such a capability is implemented and maintained. KVH and its misused by others. Subscriber and its Third Party Users may obtain information about the
Service Providers may also implement and maintain a data retention capability to meet law amount of money remaining on prepaid cards registered to them by initiating a phone call
enforcement and regulatory requirements where KVH and/or its Service Providers are using the prepaid card. The account PIN number for each prepaid card expires one
obliged by law to ensure or procure that data is retained. KVH and its Service Providers hundred and eighty (180) days after the date of last usage and any remaining balance on
may additionally cooperate with law enforcement authorities and rights-holders in the the card is forfeited, unless the expiration or forfeiture is prohibited by law. KVH will
investigation of any suspected or alleged illegal activity by Subscriber or its Third Party invalidate an account PIN number and the balance on a card if the method of payment for
Users. KVH and its Service Providers will also be free, in their reasonable good faith the card is determined, in KVH’s sole discretion, to be invalid.
discretion and without notice, to provide Subscriber and its Third Party Users’ 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

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TERM AND TERMINATION demand(s) under any security provided by or for Subscriber, and/or the arrest of vessels
30. Term. and/or sistership vessels in order to recover the Terminal Equipment or secure the payment
(a) Agreement Term. This Agreement shall be effective upon the execution of the first of past due amounts.
Service Order by Subscriber and its acceptance by KVH and, unless sooner terminated
pursuant hereto, this Agreement shall remain in effect until the end of the subscription 32. Early Termination Fee.
period for all services identified in the Service Order (“Agreement Term”). If the Subscriber For Subscribers that do not own their own Terminal Equipment, if this Agreement or a
orders new, additional or different Services during the Agreement Term, the Term of this Service is terminated during the Initial Term (a) by Subscriber for any or no reason, or (b)
Agreement will automatically extend to the end of the subscription period set forth on the by KVH for cause as provided in Section 30 (Termination for Cause), in addition to the other
Service Order for the new, additional, or different Services. This Agreement will remain in rights and remedies KVH has under applicable law or this Agreement, Subscriber shall pay
effect until the end of all Initial Terms and Renewal Terms for any and all Services ordered KVH an early termination fee equal to the greater of (i) the unpaid balance of all payments
by Subscriber from KVH. Further, Subscriber shall be subject to KVH’s Airtime Rate Plan remaining for the unexpired Initial Term, (ii) US dollars ($) 1,000.00, or (iii) the maximum
Change and Suspension Policies, which can be found at KVH’s website amount permitted by applicable law if such amount is less than the amount indicated by
([Link]/airtimerateplanchange), and which may in some cases extend the length of both (i) or (ii) above. This early termination fee is not applicable to Subscribers that own
the Initial Term for the applicable Service, as well as any terms and conditions applicable to their own Terminal Equipment.
such Services.
WARRANTIES AND LIABILITIES
(b) Service Terms. The Service Term for each Airtime Service shall be indicated in 33. Exclusion of Warranties.
the applicable Service Order except that the initial Service Term for any Airtime KVH warrants that it will use reasonable commercial efforts to provide the Services to
Service that is provided to Subscribers that use leased Terminal Equipment must be Subscriber. KVH disclaims all other express, implied, or statutory warranties from this
concurrent with and extend to the end of the lease period. The Service Term for each Agreement, the Services or the Terminal Equipment, including without limitation any
Airtime Service shall begin on the date Subscriber’s account is first activated, except warranties of non-infringement, satisfactory quality merchantability or fitness for purpose.
that, with respect to subscribers of AgilePlans, the Service Term will begin no later
than sixty (60) days following the shipment of the Terminal Equipment to Subscriber. 34. Licenses.
With respect to all Airtime Services, following the end of the initial Service Term (“Initial Subscriber agrees to abide by all of the current regulations in effect in countries where the
Term”), the Service Term shall automatically renew on a month-to-month basis Terminal Equipment, Subscriber Equipment or Services may be used, including, without
(“Renewal Term”) unless terminated by one of the parties pursuant to the terms of this limitation, all licensing requirements for operation of Terminal Equipment, Subscriber
Agreement. Equipment or Services, and any customary performance rights license(s) with respect to
the broadcast of music or sound recordings. KVH will not be responsible or liable for any
operational restrictions, customs, license or permit fees required for operation and provision
of the Services in the destination country. In addition, KVH shall have no responsibility or
(c) Termination Rights. liability for fines associated with the Terminal Equipment, or Subscriber Equipment seizure
or for legal ramifications of using the Terminal Equipment, Subscriber Equipment or
(i) During the Initial Term, Subscribers that own their own Terminal Equipment shall be Services in countries where it is prohibited.
permitted to terminate such Services by providing KVH with thirty (30) days advance
written notice 35. Limitations of Liability.
Neither KVH, nor its Service Providers, employees, shareholders, directors, officers, or
(ii) During any Renewal Term, all Subscribers of all Airtime Services (regardless of agents shall be liable for any act or omission to the extent not directly and solely attributable
whether they are using leased or owned equipment) shall be permitted to terminate to KVH’s personnel or equipment. To the maximum extent permitted by applicable law, the
any or all such Airtime Services by providing KVH with thirty (30) days advance aggregate liability of KVH and its Service Providers, employees, shareholders, directors,
written notice; officers or agents for any losses or damages suffered or incurred in connection with the
Services, the Terminal Equipment, or this Agreement or its Addendum, whether by
(iii) Notwithstanding the foregoing, in all such cases of (i) and (ii) above, Subscribers Subscriber, its Third Party Users, other third parties or otherwise, and whether such losses
shall remain responsible for the payment of all fees and charges incurred for the or damages are incurred through breach of this Agreement, negligent or grossly negligent
Services under this Agreement up until the effective date of termination, and shall act or omission resulting in any interruption, delay, defect or error in Services or Terminal
remain liable for the payment of any charges and fees incurred thereafter until paid Equipment, or on any other basis, shall in no event exceed the amount paid to KVH by
in full. For clarification, the effective date of termination for the AgilePlans Service is Subscriber for the applicable Services during the three (3) month period immediately before
the date KVH receives the Terminal Equipment from Subscriber pursuant to Sections the event resulting in such liability. Subscriber expressly understands and agrees that the
73 and 74 below and, for all other Services, is when the subscription period ends. liability and obligations of KVH’s Service Providers under this Agreement may be strictly
Unless required by law, Subscriber will not be entitled to refunds of prepaid amounts controlled and limited by the tariffs of those Service Providers, if any, and the laws, rules
if Subscriber terminates its Airtime Service. Further, without prior written consent of and regulations of the FCC and other United States or foreign governmental authorities
KVH, Subscribers of the AgilePlans Service will not be permitted to restore their which from time to time have jurisdiction.
service or enter into a new subscription for the AgilePlans Service within one (1) year
of the effective date of their termination. 36. Exclusions.
In any event, neither KVH nor its Service Providers, employees, shareholders, directors,
(d) Term of OneCare Global Support Program. In all cases, the Term of the OneCare officers or agents shall have any liability whatsoever for (a) interruptions, defects, or errors
Service and Support plan for any Covered Terminal Equipment shall commence on the in Terminal Equipment, Airtime Services and its Content; (b) any of the limitations of service
date the initial Airtime Services is activated and shall run concurrently and continue until the provided in this Agreement; or (c) any indirect, punitive, special, incidental or consequential
end of the Term for the last Airtime Services subscription order with respect to such damages or losses, including but not limited to lost revenue, lost profits, loss of business or
Covered Terminal Equipment. goodwill, loss of use, replacement goods, cost of replacement goods, loss of technology,
rights or services, loss, corruption or alteration of information, software, hardware, files or
31. Termination For Cause. data, or interruption or loss of use of Airtime Service or the Terminal Equipment, whether or
(a) Termination for Non-Payment. Upon non-payment of any sum due to KVH when not KVH has been apprised thereof.
due, the return or rejection of a payment, the failure to promptly provide a security deposit
or an increase in a security deposit as directed by KVH, Subscriber will be in material 37. Limitations of any Emergency Service.
breach of this Agreement and KVH may, by a notice in writing (which notice shall be Subscriber acknowledges that the Airtime Services does not support emergency distress or
deemed received by Subscriber five (5) days after it is sent to Subscriber’s latest email communications and KVH is under no obligation to provide any emergency referral service
address on record with KVH and/or deposited with the national postal service addressed to under this Agreement. In the event that a form of emergency referral service is available,
Subscriber’s last known postal address on record with KVH, or earlier if Subscriber files for, then in addition to the other limitations provided herein, neither KVH nor its Service
or is compelled to seek, bankruptcy protection) and without incurring any liability, refuse, Providers, employees, directors, officers or agents, including any third-party provider of
reduce or temporarily or permanently suspend or terminate any or all of the Services such referral service, shall be liable for any damages in a civil action or subject to criminal
(including associated roaming connections) and/or this Agreement (“Termination for Non- prosecution resulting from death, injury, or loss to persons or property incurred by any
Payment”). person in connection with establishing, developing, implementing, maintaining, operating,
and otherwise providing wireless emergency referral services, unless such damage or
(b) Reactivation Upon Payment of Past Due Amounts. If Services are suspended or injury was caused by the intentional or willful or wanton misconduct of the above described
terminated for non-payment, KVH may, at its sole option, elect to reactivate the Services entities/individuals. Further, in the event that KVH provides an emergency referral service at
upon payment by Subscriber in full of the past due amount, any penalties associated with any time in any location, there can be no assurance that such service may be available at
the late payment and a service restoration charge. other times or in the same or other locations. Subscriber acknowledges that when calling
any such emergency service, Subscriber’s location may not be known automatically by the
(c) Termination for Breach. In addition to KVH’s rights to terminate for nonpayment, operator answering the emergency referral call and the effectiveness of the service will
KVH may, at its option refuse, reduce or temporarily or permanently suspend or terminate depend largely on the accuracy of the information provided by Subscriber, including without
Services immediately without notice and without incurring any liability if: (a) KVH is informed limitation information concerning Subscriber’s location. Subscriber must provide the
that the Services are being used by Subscriber in a manner which (in KVH’s opinion) might operator specific information identifying Subscriber’s location.
adversely affect KVH’s service to others; (b) KVH receives from a law enforcement agency
a written finding, that probable cause exists to believe (i) that Subscriber has used or will 38. Subscriber Indemnity.
use the Service in violation of or to violate the law, or (ii) that the character of Subscriber’s Subscriber agrees to indemnify, hold harmless, and defend KVH, its subsidiaries, affiliates,
use of the Service is such that immediate action is required to protect the public’s health, licensors, Service Providers, shareholders, directors, officers, employees and agents from
safety or welfare; (c) the number(s) or IP addresses utilized by Subscriber for connections and against any claims relating to or arising out of Subscriber’s breach of this Agreement or
is determined by KVH to have been duplicated or otherwise to be associated or potentially Subscriber’s or Subscriber’s Authorized Users’ installation or deinstallation, use, inability to
associated with the fraudulent use of Service; (d) KVH is requested by a Subscriber or by use, Unacceptable Use, or excessive use of the Airtime Services, the Numbers, the
another Service Provider to deny Service to which the Terminal Equipment was reported to Terminal Equipment, or the Subscriber Equipment used in connection with the Airtime
be stolen, or KVH is requested by another Service Provider to deny service to the Terminal Services, or the transmission of unauthorized or unlawful content. Any defense shall be by
Equipment that has been determined to be associated or potentially associated with the counsel reasonably acceptable to KVH. Subscriber agrees to reimburse, indemnify, and
fraudulent use of the Service or otherwise disconnected from Service for non-payment of, hold harmless KVH for any and all costs, expenses and reasonable attorney’s fees incurred
or owing unpaid, service charges; (e) KVH determines that Subscriber’s application for by KVH in defending any such claims.
Service included information that was fraudulent, false or incomplete; (f) Subscriber uses
equipment either not authorized by or on record with KVH; (g) there is unusual account 39. Force Majeure.
activity or KVH reasonably suspects the occurrence of any other event of default or breach KVH shall not be liable for and will not be responsible to Subscriber for any delay or failure
pursuant to this Agreement; or (h) there is a violation of the terms, conditions, laws, rules, to perform under this Agreement if such delay or failure results from fire, explosion, labor
or regulations governing the use of Service (“Termination for Breach”). dispute, earthquake, hurricane, casualty or accident, lack or failure of transportation
facilities and/or services, lack or failure of telecommunications facilities and/or services
(d) Cumulative Rights. All rights and remedies granted to KVH are cumulative and not including Internet services and satellite services, vandalism, epidemic, flood, drought, or by
alternative, and KVH’s failure to exercise any right or remedy shall not constitute a waiver of reason of national emergency, war, terrorism, piracy, revolution, civil commotion, blockade,
such right or remedy of any future default by Subscriber. In addition to the rights contained or embargo, delay from suppliers, Act of God, any inability to obtain any requisite license,
herein, KVH reserves the right at any time to pursue any other remedy under this permit or authorization, or by reason of any law, proclamation, regulation, ordinance,
Agreement, at law or in equity including (but not limited to) the attachment of assets demand or requirement of any government or by reason of any other cause whatsoever,
belonging to the Subscriber and recovery of all Terminal Equipment supplied to the whether similar or dissimilar to those enumerated, beyond the reasonable control of KVH.
Subscriber by KVH in any jurisdiction. For the avoidance of doubt, this includes making a

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OTHER TERMS AND CONDITIONS

40. Assignment. 51. Use of Services and Premises Equipment.
Subscriber may not assign this Agreement, or any of its rights and obligations hereunder, to Subscriber agrees that the VoIP Service and the LTE Service are to be used solely in
any other person, firm, agency, corporation, or other legal entity without the prior written association with the Premises Equipment. Subscriber may not resell or transfer the VoIP
consent of KVH. KVH reserves the right to terminate this Agreement in the event of Service, the LTE Service, or the Premises Equipment to any other person for any purpose,
unauthorized assignment by Subscriber. KVH may assign this Agreement or any of its or make any charge for the use of the VoIP or the LTE Services. KVH reserves the right to
rights and obligations hereunder at any time without notice or consent of Subscriber. immediately terminate or modify the VoIP Service or the LTE Service if KVH determines, in
its sole discretion, that the VoIP Service or the LTE Service is being used contrary to the
41. Amendment; Plans and Pricing. provisions of this Agreement.
The terms and conditions of this Agreement, any pricing plan, and standard prices for
Services (including all optional services and associated fees) may be amended by KVH 52. No Emergency (E911) Service.
from time to time by thirty (30) days written notice to Subscriber; provided that Subscriber Subscriber acknowledges that the VoIP Service, the LTE Service, and the Premises
and KVH agree that (i) during the Initial Term, the price for any airtime rate plan applicable Equipment do not support emergency (911) services and Subscriber agrees to refrain from
to an Airtime Service initially chosen on the Service Order by Subscriber shall not be using the VoIP Service, the LTE Service, or the Premises Equipment for emergency
increased; and (ii) the rates for VoIP Service are subject to change at any time and become communications.
effective upon KVH posting them on its website. Such notification may occur by email and
shall include reference to the amended Agreement, plans and prices (or fees) to be found 53. VoIP and LTE Service Billing and Billing Increments.
at KVH’s website ([Link]). Subscriber’s use of a Service more than thirty (30) days Call times for each call are rounded up to the next whole minute and billed in full minute
after notification of amended terms, plans or prices shall constitute acceptance of such increments. Per call charges are rounded up to the next whole cent. All calls for which KVH
amendments. If Subscriber objects in writing to an amendment within ten (10) days after receives answer supervision may incur a minimum one-minute charge. KVH relies on
notification of such an amendment, KVH will then have fifteen (15) days to either withdraw answer supervision to determine whether and when a call has been answered. Answer
the amendment or terminate this Agreement and the Service. supervision is a signal sent by the carrier connecting the call to indicate the start of call.
Answer supervision is generally received when a call is answered; however, answer
42. Successors. supervision may also be generated by voicemail systems, private branch exchanges, and
This Agreement shall be binding upon and shall inure to the benefit of the parties hereto interexchange switching equipment. Where no answer supervision is received, KVH may
and their permitted assigns. This Agreement is entered into solely for the benefit of such commence billing forty (40) seconds following dial time unless the caller has terminated the
parties. call.

43. Third Party Beneficiaries. 54. Account Information Website.

Nothing contained herein will be deemed to create any third-party beneficiaries or confer KVH will make available to Subscriber, directly or through its third-party Service Provider,
any benefit or rights on or to any person not a party hereto, and no person not a party web portals, including “myKVH Site,” “KVH ebill” and/or “Enhanced VoIP Service
hereto shall be entitled to enforce any provisions hereof or exercise any rights hereunder, Account Center” (“Customer Account Portal”) for access to account management,
except that any Service Provider shall be a third-party beneficiary to this Agreement and feature control, data usage tracking, equipment configuration and call detail records.
may enforce the provisions of this Agreement. Neither this Agreement nor the receipt of the Subscriber agrees to review and abide by the Terms of Use for the Customer Account
Services by Subscriber creates a contractual relationship between Subscriber and KVH’s Portal. Subscriber acknowledges that KVH and its third-party Service Provider reserve the
Service Providers and Subscriber is not a third-party beneficiary of any agreement between right to limit or withdraw access to the Customer Account Portal. All data usage
KVH and its Service Providers. measurements displayed on the Customer Account Portal, or at Subscriber’s election,
provided to Subscriber through the Customer Account Portal using electronic
44. Governing Law. communications such as text or email, are intended solely for guidance purposes and shall
The validity, terms, performance, and enforcement of this Agreement shall be governed by in no circumstance be construed as legally binding or used for actual billing purposes. KVH
the laws of the State of Delaware, United States of America, without regard to its conflict of makes no assurance that it will provide Subscriber notifications regarding data usage or
laws principles. Subscriber agrees that any action brought against KVH arising out of this that such notifications will be current or accurate. Further, such notifications and other
Agreement or the Services provided shall be commenced exclusively in the state or federal features of the Customer Account Portal may not be available at all if Subscriber receives
courts in the State of Rhode Island; however, KVH, or its assigns, in its sole discretion, may the Service using Subscriber Equipment rather than Terminal Equipment. Subscriber shall
enforce this Agreement in any court having lawful jurisdiction thereof. Subscriber agrees be responsible for tracking and monitoring all data usage and shall be solely responsible for
that service of process in any such suit may be made by certified mail, return receipt payment of all charges, including any monthly fixed and overage charges even if the
requested, addressed to the Subscriber at the address set forth herein. To the extent Customer Account Portal indicates accumulated data usage during the current billing period
permitted by law, Subscriber waives trial by jury in any action by or against KVH hereunder. that is under the threshold that would trigger an overage charge.

45. Waiver and Severability. 55. Reassignment of Number upon Service Termination.
Neither the waiver by either of the parties hereto of a breach of or a default under any of the Upon termination of the VoIP or the LTE Service, KVH may, at its sole discretion, reassign
terms and conditions of this Agreement nor the failure of either of the parties, on one or a telephone number, access number, or Direct Inward Dialing (collectively “Number”)
more occasion, to enforce any of the provisions of this Agreement shall be construed as a provided to Subscriber by KVH. Subscriber shall not obtain any rights, title or interest in the
waiver of any subsequent breach or default of a similar nature, or as a waiver of any Number and the Number is not portable to other Service Providers. The Number is not to
provisions, rights or privileges hereunder. The provisions of this Agreement are severable be used with any other device other than the Premises Equipment provided by KVH and
and any determination of invalidity or unenforceability of any one provision hereof shall KVH reserves the right to change, cancel or reassign the Number at its discretion.
have no bearing on the continuing force and effect of the remaining valid provisions hereof.
56. Service Distinctions.
46. Notice. Distinctions exist between a telecommunications service and the VoIP Service or the LTE
In the event Subscriber desires to provide notice to KVH, as required by any of the terms Service provided by KVH. Each Service provides different functionality and is subject to
and conditions herein or for any other reason, including any communication from different regulatory treatment than traditional telephone service. This treatment may limit or
Subscriber regarding termination or disputed debts, such notice shall only be deemed given otherwise affect Subscriber’s rights of redress before any governmental
when made in writing and sent certified mail to the following address: KVH Industries, Inc., telecommunications regulatory agencies.
50 Enterprise Center, Middletown, Rhode Island 02842, U.S.A., Attention: KVH Airtime
Services Dept. with a copy to the Legal Department. All payments should be remitted to 57. Tampering with the Premises Equipment or Service.
KVH as instructed on monthly invoices. Subscriber agrees not to modify or otherwise tamper with the VoIP Service, the LTE
Service, or the Premises Equipment in any way, including, but not limited to, changing the
47. Publicity. electronic serial number or equipment identifier of the Premises Equipment, or to perform a
Subscriber hereby authorizes KVH to issue a mutually approved press release describing factory reset of the Premises Equipment. KVH reserves the right to terminate Subscriber’s
each order hereunder, and agrees to serve as a reference account for KVH prospects. Service if Subscriber tampers with the VoIP Service, the LTE Service, or the VoIP
Additionally, Subscriber hereby grants KVH the right to use Subscriber’s name and logo in Equipment.
a listing of KVH customers and in any marketing, advertising, promotional or public relations
material. Subscriber shall be entitled to object to the use of its name and logo in this 58. Acceptable Use Policy for the LTE Airtime Service.
manner at any time by notifying KVH in writing at the following address: KVH Industries, Subscriber agrees to comply with the following Acceptance Use Policy for the LTE Airtime
Inc., 50 Enterprise Center, Middletown, Rhode Island 02842, U.S.A., Attention: KVH Service. The LTE Airtime Service may be used for Web browsing, messaging, and similar
Marketing Dept. OR via email to press@[Link]. activities on approved Terminal Equipment and not on any other equipment. Unless
explicitly permitted by KVH, other uses, including for example, tethering a device to a
48. Third Party Complaints. personal computer or other hardware, are not permitted. Examples of prohibited uses
Any complaints or objections (a) in relation to material posted by any Subscriber, or hosted include but are not limited to: (a) server devices or host computer applications, including
in connection with the Airtime Services, should be directed to the following address: KVH continuous Web camera posts or broadcasts, or peer-to-peer file-sharing applications that
Industries, Inc., 50 Enterprise Center, Middletown, Rhode Island 02842, U.S.A., Attention: are broadcast to multiple servers or recipients, “bots” or similar routines that disrupt net
KVH Airtime Services Dept. OR via email to airtimeservices@[Link] OR by telephone: +1 user groups or email use by others or other applications that denigrate network capacity or
401-847-3327 and (b) in relation to the OneCare Global Support Program, should be functionality; (b) any activity that adversely affects the ability of other users or systems to
directed to the following address: KVH Industries, Inc., 50 Enterprise Center, Middletown, use either the LTE Airtime Service or the network-based resources of others, including the
Rhode Island 02842, U.S.A., Attention: Priority Care OR via email to prioritycare@[Link] generation or dissemination of viruses, malware or “denial of service” attacks; (c) any
OR by telephone: +1 401-608-8938. activity that KVH or its Service Providers, in their sole discretion deem may harm the LTE
Airtime Service in any way; or (d) accessing, or attempting to access without authority, the
49. Complete Agreement. information, accounts or devices of others, confidential Information or Subscriber
These terms and conditions of this Agreement together with the terms of each Service Information or any activity relating to or causing a security breach, or to penetrate, or to
Order, applicable pricing plan and/or rate sheets associated with the particular Services attempt to penetrate, the networks or systems of KVH, its Service Providers, or of other
selected by Subscriber on each Service Order and Subscriber’s registration on the myKVH parties.
Site together contain the entire Agreement between KVH and Subscriber and supersede all
prior statements, representations and agreements whether oral or written. Subscriber ADDITIONAL TERMS FOR STARLINK EQUIPMENT AND AIRTIME SERVICE
acknowledges that (s)he has relied on no oral or written representations made by or on The following terms and conditions apply solely to Starlink Terminal Equipment and Airtime
behalf of KVH or any employee, director, officer. Service provided by KVH.

ADDITIONAL TERMS FOR KVH VOIP SERVICE AND LTE AIRTIME SERVICE 59. FCC Authorization Notice.
The following terms and conditions apply solely to the VoIP Service and the LTE Airtime The Federal Communication Commission authorization to Starlink for in-motion services in
Service. the United States was issued on a non-interference protected basis, i.e., unprotected basis
with respect to operations in the 12.2-12.7 GHz band. Therefore, Starlink’s in-motion
50. Subscriber Premises Equipment. operations, including for vessels, must accept any interference received from both current
In order to access the VoIP or the LTE Service, Subscriber will require Subscriber Premises and future services authorized in the band – even if such interference causes undesirable
Equipment (“Premises Equipment”) that is supplied, certified and type-approved by KVH operations for Starlink Airtime Service and its customers. Starlink in-motion Airtime
and its third-party Service Provider for use with the VoIP or the LTE Service, as applicable. Services must not cause harmful interference to any authorized service in the band,
Subscriber shall use only the Premises Equipment with the VoIP or the LTE Service, as whether licensed or not.
applicable. For Subscribers that receive the VoIP or the LTE Service, the Premises
Equipment shall qualify as Terminal Equipment for purposes of this Agreement.

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60. Arbitration. 73. Publicity. Subscriber shall not issue or cause the publication of any press release or other
Any dispute with Starlink regarding Terminal Equipment or Airtime Service is subject to public announcement with respect o OneWeb or the transactions contemplated hereby
arbitration. Details regarding the arbitration process can be found here: Starlink Terms for without the prior written consent of OneWeb and KVH.
Maritime Services.
ADDITIONAL TERMS FOR GSM MOBILE SERVICES BY KVH
61. Limitations. The following terms and conditions apply solely to GSM services provided by KVH.
Starlink maintains additional terms and conditions regarding the use of its Terminal
Equipment and Airtime Service, which are available here: Starlink Policies. To the extent 74. Traffic Routing. KVH and its Service Providers use one or more traffic management
that those policies differ with the requirements of this MSA, the Starlink policies will apply. platforms to route the transit and termination of subscriber calls using the networks of our
preferred carrier partners. Subscriber shall not attempt to reject such traffic routing. KVH
ADDITIONAL TERMS FOR INMARSAT AIRTIME SERVICES PROVIDED BY KVH and its Service Providers shall also have the right to perform dynamic over the air (“OTA”)
The following terms and conditions apply solely to Inmarsat Airtime services provided by updates to SIM Cards provided by KVH to improve routing to the networks of preferred
KVH (“Inmarsat Airtime”). carrier partners.

62. Equipment. ADDITIONAL TERMS FOR KVH LINK SERVICE

In order to receive Inmarsat Airtime services, Subscriber must purchase from KVH an The following terms and conditions apply solely to the KVH Link service (“KVH Link
Inmarsat terminal that has been type-approved and initialized by KVH. For Subscribers that Service”).
receive Inmarsat Airtime services, the Inmarsat terminal shall qualify as Terminal
Equipment for purposes of this Agreement. 75. Exhibition Prohibition.
The KVH Link Service is made available solely for non-theatrical viewing on approved
63. Usage Limitation. devices. Subscriber specifically agrees not to distribute the KVH Link Service to an area or
When a subscription for Inmarsat Airtime services is activated, KVH may, but shall not be location where an admission fee is charged.
obligated to, impose on each Subscriber of the Inmarsat Airtime service an initial limit on
the aggregate voice, data, and facsimile consumption for each vessel. If imposed, this 76. Suspension Periods.
usage limit shall be set forth on the pricing plan in effect at the time of Subscriber’s During any period of suspension of the KVH VSAT Service, the Subscriber’s subscription to
activation. Subscribers that wish to exceed the limit must execute an Airtime Usage the KVH Link Service will also be automatically suspended and will automatically reactivate
Authorization Form acknowledging that they understand and fully assume the risks and concurrent with the reactivation of the KVH VSAT Service. Content transmitted through the
liabilities of such an election. KVH will accept an Airtime Usage Authorization Form only if it KVH Link Service during the period of suspension will not be retransmitted following
has been executed by the Subscriber or its Authorized Representative and returned to reactivation.
KVH.
77. Subscription User Limits.
64. Third Party Interference. Subscriber acknowledges and agrees that each vessel subscription for the KVH Link
Subscriber acknowledges that, for use of Inmarsat terminals in the United States and U.S. Service authorizes, during any one month, a maximum number of individuals onboard that
waters, third-party terrestrial service providers using L-Band spectrum may on occasion vessel, as set-forth on each Service Order. If an individual holds an account or PIN number
have the potential to cause interference with Inmarsat terminals in the future where such issued by KVH for viewing Content on a distinct personal device and leaves the vessel, that
terminals are in close proximity to terrestrial L-Band base stations. Neither KVH nor its account or PIN number cannot be reassigned to another individual during that month.
Service Providers shall be liable or responsible for any impact that such interference may Multiple KVH Link subscriptions must be secured for a vessel if it exceeds the number of
have on any terminal or related service. individuals authorized on the Service Order. In order to ensure Subscriber’s compliance
with this Section 71 (Subscription User Limits), Subscriber acknowledges and agrees that
65. SIM and Access Numbers. KVH shall have the right to (i) conduct periodic audits and examinations of Subscriber’s
Except where law provides otherwise, either KVH or the Service Provider owns the SIM and records concerning the number of individuals onboard a vessel during any one month, and
access number assigned to the Inmarsat Terminal. To the extent permitted by law, KVH (ii) monitor Subscriber’s account activity to verify the number of distinct personal devices
and/or the Service Provider reserve the right to change the access number without liability. used to access Content during any one month. Subscriber further agrees to maintain
Subscriber’s privileges to use the access number may be withdrawn upon the termination of adequate and accurate records for a period of at least two years regarding the number of
Service. Any Personal Data collected will be processed and handled in accordance with individuals onboard each vessel during each month and make those records available to
KVH’s privacy practices detailed in Section 22. KVH for audit and examination upon request by KVH.

66. Core Module Monitoring. ADDITIONAL TERMS FOR AGILEPLANS SERVICE

Subscriber acknowledges that KVH’s Service Provider may automatically access and The following terms and conditions apply solely to KVH’s AgilePlans Service.
record core module information, SIM Card, and Inmarsat terminal settings (as applicable)
for the purpose of Inmarsat terminal and SIM Card identification and billing. The core 78. Installation, Activation and Support.
module and SIM Card contains a security certificate used for authenticating an Inmarsat Subscriber agrees that the Terminal Equipment will be installed and activated by KVH and
terminal on the Inmarsat network; collects usage statistics; and contains configuration its Service Providers on Subscriber’s vessel as soon as the Terminal Equipment is
parameters that make up that Inmarsat terminal configuration. Subscriber further consents available at a mutually acceptable installation port. Subscriber further acknowledges that
to KVH’s Service Provider monitoring network connection and network performance, and to such installation may be subject to certain installation costs as set forth on the AgilePlans
KVH’s Service Provider accessing and adjusting Inmarsat terminal settings, as they relate by KVH Service Order.
to the Services. KVH’s Service Provider does not share information collected for the
purpose of network performance monitoring or for providing customized technical support All installations shall be pursuant to KVH’s current Professional Standard Terms and
outside of the Service Provider or its affiliates. Conditions and AgilePlans Standard Installation Terms and Conditions, each as published
and made available by KVH to Subscriber at [Link]/agileresources. Subscriber
67. Confidentiality. specifically agrees to be the importer and exporter of record for all Terminal Equipment, and
KVH’s Service Provider treats the communications of Subscribers as confidential in relation shall pay all license fees, assessments and other government charges, including with
to the communications of other Subscribers that are being transported through the virtual respect to AgilePlans Ports, tariffs and duties and with respect to non-AgilePlans Ports,
private network segments of Inmarsat’s network. Subscriber agrees to be responsible for freight costs, tariffs and duties, each relating to the import or export of the Terminal
maintaining the security of their Inmarsat terminals and Subscriber data, including without Equipment and any other similar taxes and fees now or hereafter imposed, levied, or
limitation, encryption of Subscriber data and protection of their user ID, password and assessed by any country, state, federal or local government or agency upon any of the
personal data. Subscriber shall, promptly contact the KVH customer service desk if they Terminal Equipment or upon the use, possession, or operation of the Terminal Equipment.
believe their login credentials have been lost or stolen, that someone has gained access to
their account or login credentials without permission, or their terminal device has been KVH will provide support and required maintenance for Subscriber’s use of the Terminal
compromised in any way. Equipment and the AgilePlans Service pursuant to KVH’s OneCare Global Service and
Support, except that such support will not include warranty administration given that the title
68. Information Assurance. to the Terminal Equipment will remain with KVH.
Subscriber is responsible for all information assurance certification, accreditation, and
evaluation activities relating to the Services. 79. Title to Terminal Equipment. KVH is the sole owner of the Terminal Equipment and retains
all right, title and interest in the Terminal Equipment at all times. The Terminal Equipment
ADDITIONAL TERMS FOR IRIDIUM AIRTIME SERVICES PROVIDED BY KVH shall not be deemed an appurtenance of a vessel. Subscriber shall affix to the Terminal
The following terms and conditions apply solely to Iridium Airtime services provided by KVH Equipment any labels supplied by KVH evidencing KVH’s ownership. Such labels shall not
(“Iridium Airtime Service”). be removed or modified. To protect KVH’s rights in the Terminal Equipment in the event this
Agreement is determined to be a Security Agreement, Subscriber hereby grants to KVH a
69. Use of Service. The Iridium Airtime Service may only be used as a backup to a KVH VSAT security interest in the Terminal Equipment. Subscriber shall not suffer any execution to be
Service and only when the Subscriber vessel is outside the coverage range of the KVH levied on the Terminal Equipment and shall, at its expense, protect and defend KVH’s title
VSAT Service for brief periods (i.e., the Iridium Airtime Service cannot be used for extended against all persons claiming against or through Subscriber, at all times keeping the
operations in, or regular transits of, known areas in which the KVH VSAT Service does not Terminal Equipment free from any legal process, lien or encumbrance and shall give KVH
have coverage) or when the Terminal used by the Subscriber to receive the KVH VSAT immediate written notice of any claim as to the foregoing or any attempt to take possession
Service is inoperable for reasons that are beyond Subscriber’s control. The Iridium Airtime of or levy any judgment or order against a vessel on which the Terminal Equipment is
Service may not be used during any period in which the KVH VSAT Service has been installed and shall indemnify KVH from any loss caused thereby. The Terminal Equipment
suspended, although charges for the Iridium Airtime Service will continue during any period is, and shall at all times be and remain, separate and distinct personal property
in which the KVH VSAT Service has been suspended. notwithstanding that the Terminal Equipment or any part thereof may now be or hereafter
become, in any matter, affixed or attached to a vessel.
70. Deactivation of Service. Except where Subscriber has requested deactivation of its Iridium
Airtime Service, Subscriber will receive at least thirty (30) days written notice prior to the 80. Risk of Loss. Subscriber shall bear all risks of loss or damage to Terminal Equipment from
deactivation for any reason of the Iridium Airtime Service. any cause from date of installation on the vessel until the Terminal Equipment is received
by KVH following its de-installation pursuant to Section 76 (Termination and Terminal
ADDITIONAL TERMS FOR ONEWEB EQUIPMENT AND AIRTIME SERVICES Equipment Return) below. The occurrence of any such loss or damage shall not relieve
The following terms and conditions apply solely to OneWeb Terminal Equipment and Subscriber of any obligation hereunder. Subscriber shall immediately notify KVH of any
Airtime Services provided by KVH damage to or destruction of the Terminal Equipment. In the event of loss or damage,
Subscriber, at KVH’s sole option, shall (a) pay KVH to repair the damaged Terminal
71. Indemnification. Subscriber acknowledges and agrees that if shall have no right to seek, Equipment, (b) or replace lost or unrepairable damaged Terminal Equipment with a
and shall not seek, any indemnification (or defense obligations) from OneWeb. purchase of equal or greater value Terminal Equipment from KVH.

72. Retention of Documents. Subscriber shall retain all books and records with respect to its 81. Insurance. Subscriber shall keep the Terminal Equipment insured against all risks of loss or
compliance with this MSA during its term and for six (6) years thereafter. For any damage from every cause whatsoever during the Term for the Terminal Equipment for not
government applications, Subscriber shall cooperate with KVH and OneWeb for any less than the full replacement value thereof.
inquiries relating to the use of the Airtime Services.
82. Termination and Terminal Equipment Return. Within thirty (30) working days of termination
of this Agreement or the AgilePlans Service subscription by either party, Subscriber shall
de-install the Terminal Equipment, prepare it for shipping in a secure manner, and ship the

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Terminal Equipment to KVH at the address indicated on the AgilePlans Service Order and install the Terminal Equipment, prepare it for shipping in a secure manner, and ship the
in accordance with the AgilePlans Decommissioning Checklist and AgilePlans Reshipping Terminal Equipment to KVH at the address indicated on the Service Order and in
Instructions, each as published and made available to Subscriber at accordance with the Decommissioning Checklist and Reshipping Instructions, each as
[Link]/agileresources. The Terminal Equipment must be received by KVH published and made available to Subscriber at [Link]. The Terminal Equipment
undamaged and in full working condition subject only to reasonable wear. The effective must be received by KVH undamaged and in full working condition subject only to
date of termination shall be the date when the Terminal Equipment is received by KVH and reasonable wear. The effective date of termination shall be the date when the Terminal
Subscriber shall remain responsible for the payment of all subscription fees and charges Equipment is received by KVH, and Subscriber shall remain responsible for the payment of
incurred for the AgilePlans Service accrued through the effective date of termination until all subscription fees and charges incurred for the Firewall service accrued through the
received by KVH. effective date of termination until received by KVH.

83. Termination Remedy. In the event of a Termination for Non-Payment, or a Termination for 92. Termination Remedy. In the event of a Termination for Non-Payment, or a Termination for
Breach, KVH may, to the extent permitted by applicable law, exercise any one or more of Breach, KVH may, to the extent permitted by applicable law, exercise any one or more of
the following remedies, including (but not limited to): (i) immediately terminate this the following remedies, including (but not limited to): (i) immediately terminate this
Agreement and any or all AgilePlans by KVH Service Orders; (ii) require Subscriber to pay Agreement and any or all Services by KVH Service Orders; (ii) require Subscriber to pay
the entire unpaid balance of subscription payments for prior months; and/or (iii) require the entire unpaid balance of subscription payments for prior months; and/or (iii) require
Subscriber to immediately return all Terminal Equipment pursuant to Section 76 Subscriber to immediately return all Terminal Equipment pursuant to Section 85
(Termination and Terminal Equipment Return) above and/or to seize and recover (Termination and Terminal Equipment Return) above and/or to seize and recover
possession of all items of Terminal Equipment, without demand or notice, wherever same possession of all items of Terminal Equipment, without demand or notice, wherever same
may be located, without any court order or hearing. In the event of the making of a levy, may be located, without any court order or hearing. In the event of the making of a levy,
order of seizure or possession or arrest against the Terminal Equipment or a vessel on order of seizure or possession or arrest against the Terminal Equipment or a vessel on
which the Terminal Equipment is used, or upon the attempt thereof, KVH shall also be which the Terminal Equipment is used, or upon the attempt thereof, KVH shall also be
entitled to intervene on any such proceeding to protect its rights to the Terminal Equipment. entitled to intervene on any such proceeding to protect its rights to the Terminal Equipment.
Subscriber hereby waives any and all damages occasioned by such retaking. Subscriber hereby waives any and all damages occasioned by such retaking.

ADDITIONAL TERMS FOR KVH VESSEL TRACKING SERVICE ADDITIONAL TERMS FOR KVH CLOUD EMAIL SERVICE
The following terms and conditions apply solely to KVH’s Vessel Tracking Service. The following terms and conditions apply solely to the KVH Cloud Email service.

84. Location Positioning. 93. Monthly Charges.

The myKVH Site may provide estimated location and position data for vessels using one or The KVH Cloud Email service is made available solely on a month-to-month basis with no
more KVH Services to track the vessel, which is based on the operational beams of pro ration of monthly charges; monthly charges are based on the subscription quantity on
satellites serving the vessels and/or GPS sensors built into KVH antennas. Subscriber the last day of each month. If a subscription to the KVH Cloud Email service is cancelled or
hereby consents, and shall obtain the consent of its Third Party Users, to the tracking by terminated, you will be charged for the entire month in which the cancellation or termination
KVH of its vessel location and position and providing such location and position data to incurred based on the subscription quantity in effect as of the date of cancellation or
others. The location and position data provided is an estimate, based on the last reported termination.
network status of the Terminal Equipment or Subscriber Equipment used with the Services.
Estimated location or position data is not designed to replace or be used as a purpose-built 94. Service Management.
GPS tracking system and must not be used for navigation, asset tracking, scheduling of The KVH Cloud Email service provides the software and framework for a user-configured
shipments, or other purposes involving safety-of-life or securing and managing of property. email service. The Subscriber is responsible for setting up and managing its account and
use of the service. KVH owns the email domain, “@[Link]” and Subscriber’s ability
ADDITIONAL TERMS FOR KVH FIREWALL SERVICE to use this domain will terminate concurrently with this Agreement.
The following terms and conditions apply solely to the KVH Firewall service.

85. Monthly Charges. 95. Suspension Periods.

The KVH Firewall service is made available solely on a month-to-month basis with no pro During any period of suspension of the KVH VSAT Service, the Subscriber’s subscription to
ration of monthly charges. If a subscription to the KVH Firewall service is cancelled or the KVH Cloud Email service will continue and cannot be suspended. Content transmitted
terminated, no portion of the monthly charge for the service will be reimbursed for the through the KVH Cloud Email service that was not received successfully during the period
period of the current month following the cancellation or termination. of suspension will not be retransmitted following reactivation.

86. Suspension Periods. ADDITIONAL TERMS FOR ONECARE GLOBAL SUPPORT PROGRAM
During any period of suspension of the KVH VSAT Service, the Subscriber’s subscription to The following terms and conditions apply solely to KVH’s OneCare Global Support
the KVH Firewall service will continue and cannot be suspended. Program.

87. Installation, Activation and Support. 96. Operational Support.

Subscriber agrees that the Terminal Equipment will be installed and activated by KVH and KVH’s OneCare Global Support Program is provided via the KVH OneCare Support Center,
its Service Providers on Subscriber’s vessel as soon as the Terminal Equipment is which is available by telephone, online, or by email on a 24/7/365 basis. Operational
available at a mutually acceptable installation port. Subscriber further acknowledges that Support includes terminal troubleshooting, service fault management, field service, over-
such installation may be subject to certain installation costs as set forth on the KVH Service the-air software maintenance and updates, Covered Terminal Equipment warranty
Order. administration, and warranty administration for products sold to Subscriber by KVH but
manufactured by third parties. KVH’s OneCare Global Support Program also includes
All installations shall be pursuant to KVH’s current Professional Standard Terms and service event schedules and coordination, proactive monitoring, and service record
Conditions, as published and made available by KVH to Subscriber at [Link]. administration.
Subscriber specifically agrees to be the importer and exporter of record for all Terminal
Equipment, and shall pay all license fees, assessments and other government charges, 97. Uninterrupted Support
including with respect to freight costs, tariffs and duties, each relating to the import or export Subscribers of OneCare Global Support Program will continue to receive the Global
of the Terminal Equipment and any other similar taxes and fees now or hereafter imposed, Support Program and be billed for the service on an uninterrupted basis during any
levied, or assessed by any country, state, federal or local government or agency upon any suspension or seasonal interruption of an Airtime Service, except for suspensions and
of the Terminal Equipment or upon the use, possession, or operation of the Terminal seasonal interruptions of the Starlink Airtime Service.
Equipment.
98. Limitations
KVH will provide support and required maintenance for Subscriber’s use of the Terminal KVH’s OneCare Global Support Program does not provide support for any Subscriber
Equipment pursuant to KVH’s OneCare Global Service and Support Program, except that Equipment, except for Third Party Terminals receiving Airtime Services pursuant to the
such support will not include warranty administration given that the title to the Terminal KVH OpenNet program. KVH is not responsible for hardware, software or service faults
Equipment will remain with KVH. caused by use or misuse of, or unauthorized modifications made to, the Covered Terminal
Equipment in violation of the applicable purchase, lease, or rental agreement. KVH efforts
88. Title to Terminal Equipment. KVH is the sole owner of the Terminal Equipment and retains to correct such faults or conditions may be subject to additional charges regardless of
all right, title and interest in the Terminal Equipment at all times. The Terminal Equipment whether KVH is ultimately able to correct the faults, which is not assured.
shall not be deemed an appurtenance of a vessel. Subscriber shall affix to the Terminal The following are expressly excluded from the services provided under KVH’s OneCare
Equipment any labels supplied by KVH evidencing KVH’s ownership. Such labels shall not Global Support Program: (a) any combination of Covered Terminal Equipment and software
be removed or modified. To protect KVH’s rights in the Terminal Equipment in the event this and other products or software not covered by these conditions; (b) a release or version of
Agreement is determined to be a Security Agreement, Subscriber hereby grants to KVH a KVH software for which maintenance services have been discontinued by KVH; (c) a
security interest in the Terminal Equipment. Subscriber shall not suffer any execution to be release or version of a Covered Terminal Equipment that has been withdrawn by KVH from
levied on the Terminal Equipment and shall, at its expense, protect and defend KVH’s title the market or is otherwise not generally available; (d) defects caused by Subscriber’s
against all persons claiming against or through Subscriber, at all times keeping the negligence or fault; € defects resulting from hardware malfunction or malfunction of
Terminal Equipment free from any legal process, lien or encumbrance and shall give KVH software not provided by KVH; (f) defects that do not significantly impair or affect the
immediate written notice of any claim as to the foregoing or any attempt to take possession operation of the KVH software or Covered Terminal Equipment; (g) software used on an
of or levy any judgment or order against a vessel on which the Terminal Equipment is unsupported computer or operating system; and (h) charges associated with Subscriber
installed and shall indemnify KVH from any loss caused thereby. The Terminal Equipment accessing the Internet.
is, and shall at all times be and remain, separate and distinct personal property KVH reserves the right, upon prior notice, to charge for support services that are not the
notwithstanding that the Terminal Equipment or any part thereof may now be or hereafter result of defects in the Covered Terminal Equipment. KVH and its authorized dealers and
become, in any matter, affixed or attached to a vessel. distributors may offer under separate agreements additional maintenance-related services,
as well as training and consulting services, which services shall be governed by KVH’s
89. Risk of Loss. Subscriber shall bear all risks of loss or damage to Terminal Equipment from Professional Services Terms and Conditions.
any cause from date of installation on the vessel until the Terminal Equipment is received
by KVH following its de-installation pursuant to Section 85 (Termination and Terminal 99. Availability
Equipment Return) below. The occurrence of any such loss or damage shall not relieve KVH shall devote such resources that it deems necessary, in its reasonable discretion, to
Subscriber of any obligation hereunder. Subscriber shall immediately notify KVH of any provide the OneCare Global Support Program, including the number and identity of KVH
damage to or destruction of the Terminal Equipment. In the event of loss or damage, employees, Service Providers, contractors, or agents for the purposes of providing the
Subscriber, at KVH’s sole option, shall (a) pay KVH to repair the damaged Terminal OneCare Global Support Program. Although the KVH OneCare Support Center is in
Equipment, or (b) replace lost or unrepairable damaged Terminal Equipment with a operation 24/7/365, Subscriber’s telephonic, online and email access to the KVH OneCare
purchase of equal or greater value Terminal Equipment from KVH. Support Center is provided fully or in part by third-party telecommunications networks, the
availability of which is not under the control of KVH. Subscriber’s ability to contact the KVH
90. Insurance. Subscriber shall keep the Terminal Equipment insured against all risks of loss or OneCare Support Center may therefore vary by time and geographic location.
damage from every cause whatsoever during the Term for the Terminal Equipment for not
less than the full replacement value thereof. 100. Remote Port Repair Coverage
The OneCare Remote Port Repair service is available only to subscribers of KVH’s
91. Termination and Terminal Equipment Return. Within thirty (30) working days of termination OneCare Premier, AgilePlans and for Covered Terminal Equipment within the
of this Agreement or the Firewall service subscription by either party, Subscriber shall de- manufacturer’s warranty period, and is also available to subscribers of KVH’s OneCare

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Premier+ service both during and following the manufacturer’s warranty period. OneCare
Remote Port Repair services are subject to and limited by KVH-established allowance per
service event for technical travel and lodging, work time, wait time, two-way economy air
freight, import duties, rigging, tender or crane as required as set forth on the applicable
OneCare Premier+ and AgilePlans pricing plans. OneCare Remote Port Repair shall only
be available (i) in ports designated by KVH, the locations of which are subject to change at
KVH’s sole discretion and (ii) in locations or conditions that KVH deems safe and that KVH
has lawful authority to provide such services. OneCare Remote Port Repair services shall
be subject to and governed by the terms of the KVH’s Professional Services Terms and
Conditions.

ADDITIONAL TERMS FOR COMMBOX SOFTWARE MAINTENANCE AND SUPPORT

The following terms and conditions apply solely to CommBox Support.

101. Maintained Software.

CommBox Support covers only the embedded or associated CommBox Software provided
as a part of the CommBox, including any Add-on Software Modules purchased with the
CommBox. (“Maintained Software”).

102. Subscription Requirement.

An individual subscription is required for each CommBox to be covered under CommBox
Support. A subscription to CommBox Support is automatically included for all subscriptions
to Maintained Software and in such cases, all references herein to CommBox Support shall
also be deemed to refer to Maintained Software.

103. Subscription Interruption.

An interruption in the CommBox Support subscription will terminate CommBox software
maintenance and terminate Subscriber’s access to Maintained Software

104. Support Exclusions.

The following are excluded from the support provided under CommBox Support: (a) altered
or modified Maintained Software unless altered or modified pursuant to this Agreement; (b)
any combination of Maintained Software and other software not covered by this Agreement;
(c) a release or version of Maintained Software for which maintenance services have been
discontinued by KVH; (d) a product release or version that has been withdrawn by KVH
from the market or is otherwise not generally available; (e) defects caused by Subscriber’s
negligence or fault; (f) defects resulting from hardware malfunction or malfunction of
software not covered by this Agreement; (g) defects that do not significantly impair or affect
the operation of the Maintained Software; (h) Maintained Software used on an unsupported
computer or operating system; (i) other software products sold separately by KVH; (j)
options, extensions, releases, versions, updates or upgrades to the Maintained Software
sold separately by KVH, unless generally made available to CommBox customers for the
applicable Maintained Software at no additional charge; and (k) changes associated with
Subscriber accessing the Internet. KVH reserves the right, upon prior notice, to charge for
services that are not the result of defects in the Maintained Software.

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© 2006-2024, KVH Industries, Inc. Subject to change without notice
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