BY USING COMPANY'S SERVICES THE SUBSCRIBER AGREES TO BE BOUND BY THE TERMS AND CONDITIONS HEREIN.
1. DEFINITIONS - "The Company" means STARTOUCH INC., located at 454 W Stuart Rd. Bellingham, WA 98226 which provides Microwave, Wireless, IP Transport, Colocation, Internet backbone connectivity, and other related Services. "The Subscriber" refers to an individual, corporation or legal entity who incurs usage charges for the Company Services, for its own use or who incurs such charges on behalf of a third party user. "The User" refers to any individual who uses the Services provided by Company with the permission of both the Subscriber and the Company.
2. BACKGROUND & SERVICE COMPONENTS - 2.1 The Company is in the business of providing Microwave, Wireless, IP Transport, Co-Location, Internet backbone connectivity, and other related Services. 2.2 The Service (“the Service”) to the Subscriber may consist of Internet, Layer2, bridging, or IP transit between its Network-related sites as specified under the Subscriber Agreement (“the Subscriber’s Sites(s)”), including (unless otherwise specified) the Internet Connectivity. Unless otherwise specified in the Service Order, the Company remains the sole owner of all equipment used to provide Services to the Subscriber’s premises and will be removed by Company upon termination of Services. 2.3 Unless otherwise specified in the Service Order, the Service includes the following principal components (“the Service Components”): Connectivity to the Internet using the Company as the Gateway; Port connectivity (upstream and downstream) from the Company’s access devices positioned at the Subscriber’s premises; and, Base Station facilities to backhaul the data from locations as defined in the Service Order.
3. SITE SURVEYS (FOR DESIGNATED “POINT-TO-POINT’ CONNECTIONS ONLY) - All designated “point-to-point” connections require a Site Survey for Service viability, determining equipment requirements and signal path coordination prior to Service Set-up at the sole cost to the Subscriber. All costs associated with a Site Survey will be determined by the Company. The Subscriber must submit a signed Service Order with the non-refundable payment prior to Site Survey being performed. Purchase and performance of a Site Survey is not a guarantee of serviceability. Should a Site Survey reveal the potential to provide Service to the Subscriber, an additional (second) Service Order will be required to commence with the actual Set-up. The Company does not guarantee Service availability upon Set-up, nor does it guarantee that the Service will remain available after a successful connection. Should a Technician determine during the Service Set-up appointment that connectivity is not available to the Subscriber, a refund will be processed for the pre-paid Service Set-up fees and first month’s Service fee only as detailed in the Service Order.
4. THE SERVICE - 4.1 In conjunction with the signed Service Order(s) placed with the Company by Subscriber, Subscriber shall accept the Terms and Conditions herein by signing and submitting to the Company this Subscriber Agreement which is binding to all Service Orders submitted to the Company, an incorporated therein by reference. In the event of any inconsistency between a Service Order and this Subscriber Agreement, the Subscriber Agreement shall take precedence. Unless expressly stated otherwise in a Service Order, activation of a particular Service shall constitute the Company’s acceptance of the relevant Subscriber Agreement. 4.2 In order that it may continue to maintain the level and quality of the Service, the Company reserves the right to change or alter the configuration of the Service Components under the Service Order and this Subscriber Agreement. 4.3 The Service allows the Subscriber to access the Internet (if part of the Service Order). The use of the Internet Service is at risk of the Subscriber and subject to any applicable laws. The Company has no responsibility to any goods, Services, information, software or other materials that the Subscriber obtains when using the Internet. 4.4 Subscriber agrees not to share, or provide Company-owned Services to any third party who is not designated to obtain Services without the consent of the Company. 4.5 All connections will be supplied at half-duplex unless otherwise stated in the Service Order. If the Subscriber requires a full-duplex connection, the Subscriber will be required to commit to pricing for a “point-to-point’ connection provided by the Company’s Sales Department. “Point-to-point” connections are only available to Dedicated Business Connections and are subject to the terms and conditions stated in section three (3) of the Subscriber Agreement.
5. SUBSEQUENT SERVICE ORDERS - All subsequent Service Orders submitted by the Subscriber shall be subject to the Terms and Conditions of this Subscriber Agreement or according to any separate and unique Subscriber Agreement associated with the particular Service Order.
6. SUBSCRIPTION CHARGES AND PAYMENT OF FEES - 6.1 Prior to the Service Set-up appointment being scheduled, the Subscriber shall pay to the Company the charges associated with any Service Order issued to the Subscriber by the Company, including without limitation, non-recurring Set-up fees, one full month’s Service fee, equipment rental fees, lease fees, related sales tax or regulatory fees that may apply as set forth on the Service Order. 6.2 Set-up Fees All Set-up Fees are due upon receipt of the invoice. If after thirty (30) calendar days from the date of the invoice for Set-up Fees the Subscriber has failed to pay the Set-Up Fees, any and all quoted pricing shall be voided, the invoice shall be credited, and the Subscriber Agreement shall be terminated at no further liability to either party. No Service shall be set-up without payment in advance. Except for the first month of Service, fees are not prorated. 6.3 Usage Based Pricing – The Company shall also have the right to establish incremental Service charges for use of Company's Services exceeding stated Gigabyte thresholds as set forth in the Sales Order. Gigabyte overages, if any, will be billed in arrears. For example, incremental usage above the threshold for the month of January will be billed on February's invoice. 6.4 Changes - All fees are subject to change at Company's discretion upon thirty (30) days advance notice. All designated point-to-point connections are subject to a three percent (3%) annual increase). 6.5 Payment Monthly invoices are generated approximately thirty (30) days in advance of due date. With the exception of usage based fees, which will be billed in arrears, payment of all charges are due, including applicable taxes and/or regulatory fees, on the first (1st) day of the Service month. 6.6 Accounts five (5) days past due will be assessed a $25.00 late fee. Accounts more than ten (10) days overdue may be temporarily disabled until full payment, including late fees, is received. 6.7 A $75.00 reconnect fee will be assessed on all disabled accounts. Returned checks will be charged a fee of $40.00. 6.8 Accounts more than forty-five (45) days overdue are subject to cancellation whereupon all Company-owned equipment must be returned to the Company. 6.9 See Section 24 for law and jurisdiction notices and collection of legal fees.
7. NO-SHOW/APPOINTMENT CANCELLATION FEES - 7.1 Subscribers who are not present when a Technician arrives for a scheduled Service Set-up appointment, thereby causing a need to reschedule, agree to pre-pay an additional Truck Roll fee of $185.00 prior to rescheduling the new Set-up appointment. Subscribers who cancel a scheduled appointment with the intent not to reschedule for any reason, including but not limited to, Subscriber’s disapproval of required dish/equipment location on Subscriber’s building as determined by the on-site the Company Technician, agree to forfeit the entire pre-paid Set-up fee: the pre-paid first month of Service will be refunded in a timely manner, thereby terminating the Subscriber Agreement. 7.2 Refunds - The Company will void the Service Order and refund Service Set-up and first month’s Service fees if (a) Service speed ordered is found NOT to be available, or (b) The Service is not of an acceptable signal strength per Company specifications on the day of connection. Alternatively, while Technicians are on site, the Service Order may be revised between the Subscriber and the Company’s Sales Department with Subscriber agreeing to accept a lesser Service level (slower speeds at a quality level) whereby the Set-up may proceed. Any credits due for a reduced speed will be applied to the Subscriber’s account. Subsequent appointments for a Set-up of Service at a later date will incur a separate Set-up fee. NOTE: All appointments are considered “Intent to Install”, as no Service can be verified for certainty until StarTouch Technicians are on site and/or equipment is installed.
8. TERM AND TERMINATION OF THE SERVICE BY CUSTOMER - 8.1 The Term for Services is as outlined in the Service Order. This Agreement commences upon the Subscriber's ability to receive IP packets or has received proper notification (“Welcome Letter”) from the Company's Contracts Department, and remains in effect for the selected rate plan period or until terminated as herein provided. Only the first month's Service is subject to prorating based upon turn-up date. All further months of Service will be billed in full and not subject to proration in the event of termination. 8.2 Upon the expiration of the Term set forth in the Service Order, or this Subscriber Agreement, this Agreement shall automatically renew on each Term or Anniversary date, for an additional One (1)-year Term. The initial turn-up of service and the corresponding renewal date is documented on the official “Welcome Letter” and will most often NOT be the date the Service Order/Subscriber Agreement was signed. 8.3 The Subscriber may terminate this Agreement upon sixty (60) days advanced emailed notice to , or other written notice mailed to StarTouch, Inc. at 454 W. Stuart Rd., Bellingham, WA 98226 prior to the renewal date. 8.4 Early Termination Buyout: Subscriber shall pay to the Company upon early discontinuance of Service the required monthly Service fee equal to the number of months remaining in the current term, in addition to any past due amounts, outstanding Gig usage fees, unrecovered equipment (at replacement value which shall be solely determined by the Company) or other related fees owing or invoiced on the account. The balance for the buyout shall be paid to the Company within five (5) business days of the final invoice being issued.
9. FAULT & FAULT RESOLUTION - Where there is a reported outage, and it has been reported by the Subscriber by creating a trouble ticket with the Company, the Company shall use its best effort to resolve such faults or outages. To open a trouble ticket, please call StarTouch toll-free at 888-733-0203 and select the appropriate extension for the Technical Support Department.
10. SUBSCRIBER-GENERATED SERVICE CALLS –The Service provides for free “basic diagnostic support” during normal business hours Monday through Friday. Subscriber is responsible for and agrees to pay the entire cost of Service calls including labor, materials and equipment for all failures which are not the fault of the Company including without limitation, specialized diagnostic/routing phone support or Truck Rolls to Subscriber’s premises to repair items that include, but are not limited to; damaged cables by animals, re-located dishes after Subscriber’s roofing projects, customer’s failed router or other hardware, customer’s improper internal networking procedures, trees that have grown up to block the StarTouch signal path, Subscriber-generated Radio Frequency interference, etc. Applicable fees are posted on the Support page of the Company website (www.startouch.com) and are subject to change as defined in section six (6) of the Subscriber Agreement. Any specialized transit fees such as airfare or ferry system tolls are extra.
11. VARIATIONS OF SPEED; SERVICE QUALITY DISCLAIMER - The speed and bandwidth available to each computer or device connected to the Company’s network, and hence the quality of the Service, may vary for many reasons, within or beyond the control of the Company, including without limitation: (i) the number of users, computers or devices connected simultaneously to the network, and the types of usage in which they are engaged; (ii) the amount of data being transferred over the network, (iii) network signal quality; (iv) performance capabilities of your equipment and the equipment of third parties; (v) terrain and foliage; (vi) weather and atmospheric conditions; and (vii) building structure and materials. Neither the Company nor its affiliates, agents, or suppliers warrant or represent that the equipment or Service (a) will meet your requirements or (b) will be uninterrupted, without delay, error-free, or free from Service degradation.
12. SERVICE LIMITATIONS - This Section describes certain Service availability limitations, variations on speed and bandwidth, Service coverage, maintenance outages, how the Company manages the network. 12.1 Availability of Service. The Service may not be available at any or all times in all areas, even within designated coverage areas, and for a variety of reasons that may be beyond the Company’s reasonable control. Service availability, quality, signal strength, and network speeds may vary, be lower than advertised, or be insufficient for your desired use of the Service. 12.2 Maintenance. To provide the best possible Service to its customers, the Company periodically performs maintenance on its network. In some cases, this may require the Company to conduct either a planned or unplanned interruption of the Service. The Company will use commercially reasonable efforts to schedule maintenance outages in a way that minimizes the impact on customers, but the Company cannot guarantee that your Service will not be interrupted and cannot always give advance notice of such outages. You acknowledge and agree that the Company shall not be responsible for any losses or damages (of any kind) that may be suffered by you as a result of any Service interruptions due to maintenance outages. 12.3 Network Management. The Company reserves the right to engage in reasonable network management to protect the overall integrity of its network, including detecting malicious traffic patterns and attempting to prevent the distribution of viruses or other malicious code, and through techniques such as reducing the aggregate bandwidth available to excessive bandwidth users during periods of congestion. While the determination of what constitutes excessive use depends on the specific state of the network at a particular location at any given time, excessive use will be determined primarily by resource consumption. For further information, please refer to the Company’s Acceptable Use Policy, posted at www.startouch.com, which forms a material part of, and is incorporated by reference within these Terms.
13. CREDITS - In the event of a reported interruption of the Service that continues for a consecutive period of twenty-four (24) hours or more, the Company will credit your account for an amount equal to the prorated charges (including any applicable taxes) for your Service during the affected period, provided that you must request the credit within fifteen (15) days of the commencement of the reported Service interruption or degradation. Such request must be made in writing to email@example.com. Alternatively, the Company may elect in its sole discretion to issue credits to customers for Service problems. No credit will be available if the interruption or degradation period results from any "Excluded Causes", (Failed Equipment). Any credit that the Company issues to you pursuant to this Section may be used by you for/toward future Service that you order or purchase from the Company; provided, however, that you specifically acknowledge and understand that such credit shall not be refundable to you, in whole or in part, under any circumstances. THIS SECTION 13, AND SECTION 17.3, SET FORTH YOUR SOLE AND EXCLUSIVE REMEDIES FOR ANY INTERRUPTION OR DEGRADATION OF THE SERVICE UNLESS A SEPARATE SERVICE LEVEL AGREEMENT (SLA) IS ORDERED AS REFERENCED IN SECTION 14. The StarTouch Billing Department may be reached at 888-733-0203, ext. 100.
14. SERVICE LEVEL AGREEMENTS (SLA) – For an additional fee, a Service Level Agreement (SLA) guarantees Dedicated Business Internet Access Subscribers with specific levels of network performance associated with Service Availability and Mean Time To Repair (MTTR). SLA’s are available under a separate Service Order, and are NOT incorporated herein by reference. Limitations apply and minimum Service ordered must be met. For further details, please contact the StarTouch Sales Department by calling 360-543-5679, ext. 223.
15. ACCEPTABLE USE - 15.1 Subscriber shall insure that the Users shall comply with the terms and conditions of this Subscriber Agreement.15.2 Subscriber shall not use or permit its Users to use the Services in ways that violate laws, infringe the rights of others, interfere with users of Company's Service or other Service networks. Subscriber is responsible for the knowledge of and adherence to any and all laws, statutes and regulations pertaining to or in any way connected with the Services provided by the Company and all use of any information, data, material or Service in violation of any such law, etc., is strictly prohibited. 15.3 By posting information in or otherwise using any communications Service, chat room, message board, news group, software library, or other interactive Service that may be available to the Subscriber and the User on or through this site, the Subscriber agrees that the Subscriber and the User will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that: (i.) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates Company's rules or policies; (ii.) Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; (iii.) Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling. (iv.) Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or other information of any third party; or (v.) Impersonates any person or entity, including any employee or representative of the Company. You further agree that you will not knowingly solicit or collect personal information from a minor without appropriate prior verifiable parental consent. Company generally does not pre-screen, monitor, or edit the content posted by users of communications Services, chat rooms, message boards, news groups, software libraries, or other interactive Services that may be available on or through Company’s Services unless requested to do so by Customer or any authoritative, legal or government agency. However, Company and its agents have the right at their sole discretion to remove any content that, in Company's judgment, does not comply with these rules or is otherwise harmful, objectionable, or inaccurate. Company is not responsible for any failure or delay in removing such content. 15.4 Subscriber shall not nor shall it permit or assist others to: (I) use Products and Services for any purpose other than that for which they are intended or entitled to, (ii) fail to maintain a suitable environment as specified by Company, or (iii) alter, tamper with, adjust or repair the Products and Services. Subscriber agrees to abide by the terms of the Acceptable Use Policy posted on Company’s Web site (www.startouch.com). Upon the occurrence of any of the above, Company shall be completely released from any liability or obligation (Including any warranty or indemnity obligation) to Subscriber relative to the Products and Services; and Subscriber shall be liable to Company for costs or damages Incurred by Company resulting there from. Subscriber shall not nor shall it permit or assist others to abuse or fraudulently use Products and Services, Including but not limited to the following: Obtaining or attempting to obtain Service by any means or device with intent to avoid payment; or unauthorized access, alteration, destruction, or any attempt thereof, of any information of another Company subscriber by any means or device; or using Products and Services in violation of the law or in aid of any unlawful act; or using Products and Services so as to interfere with the use of similar products or Services by other Company, Subscribers or authorized users or in a manner which, in the sole opinion of the Company is not in accordance with generally accepted standards of Internet access and bandwidth usage. Upon the occurrence of any of the above, the Company may suspend its performance and/or terminate the Service Order and Subscriber Agreement with no further obligation to Subscriber. Subscriber will still be liable for payment of any remaining term stated on the Service Order or Subscriber Agreement.
16. LIABILITY - 16.1 The Company's obligation under the Subscriber Agreement is to use its best effort to put the Service at the disposal of the Subscriber in accordance with the terms of the Service Order. 16.2 The Company shall not be liable for direct or indirect; incidental; special; consequential exemplary or punitive damage; non-pecuniary damage or damage arising without limitation from loss of time, Subscriber’s goodwill, profits, data, content and information or income lost, or damage caused by disruption to business activities under any theory of tort, contract indemnity, warranty strict liability or negligence, even if the Company knew or should have known of the possibility of such damages, irrespective of how such damage may occur. For the purposes of this clause, indirect damage shall also be taken to mean any damage arising from the negative effects on the Subscriber of an error committed or negligence demonstrated by the Company by the calling into question of the Subscriber’s contractual or extra-contractual liability in respect of third parties, such as its officers, staff, subcontractors, Subscribers and suppliers, following this fault or negligence. 16.3 The Company shall not be liable for the acts or omissions of other providers of telecommunication Services and / or interferences by other telecommunications and / or any radio equipment or for faults or failures of network and equipment. 16.4 The Company may never be declared liable for damage caused by Force Majeure or a fortuitous incident or through the fault of the Subscriber or third parties. The same shall be applicable in case of link degradation or a total decrease in transmission quality - however the interruption or quality decrease that harmed or caused any loss to the Subscriber may arise.
17. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES – 17.1 The only warranty being made about the Service and equipment is the manufacturer's express limited warranty if a router or other hardware device is “sold” to the customer. The Company disclaims any and all other representations and warranties of any kind, express, implied or statutory, including but not limited to any warranties of merchantability, fitness for a particular purpose or use, availability, non-interference with your enjoyment of the Service or equipment, or non-infringement. 17.2 Any statements made in any packaging, manuals, or other documents not expressly incorporated herein, and any statements made by any the Company employees or representatives, are provided for informational purposes only and not as representations or warranties of any kind by any Company parties. The Company does not authorize anyone to make a warranty of any kind on the Company’s behalf, and you should not rely on any such statement. You assume all responsibility and risk for use of the Service and the equipment. Some states do not allow the disclaimer of implied warranties, so the exclusions in this section may not apply to you, in whole or in part. 17.3 Limitation of liability. The Company shall not be liable or obligated in connection with these terms, under any theory, whether in contract, tort, negligence, privacy, security, strict or product liability, breach of warranty, or other legal or equitable theory, for any amount including but not limited to: any cost of procurement of substitute goods, technology, Service, products, or rights; any loss or corruption of data; delayed, degraded or interrupted use of the Service or access to the Internet or between any two or more locations; inability to make, complete or receive calls using internet phone Service; or damage to any hardware, software, or the Service location; any indirect, consequential, incidental, punitive, exemplary, or special damages and/or lost profits of any kind or amount. 17.4 If you have any other dispute with the Company or claim against the Company apart from specific, limited credits available to you under Section 13 of this Agreement, your sole and exclusive remedy is to discontinue using the Service by submitting your cancellation in writing to: , and make the Company’s equipment readily available for retrieval by a Company Technician at a mutually arranged time (subject to your obligation to pay any early termination fee applicable to your Service plan and any other charges theretofore incurred in connection with your use of the Service as referenced in Section 8 of this Agreement).
18. WARRANTIES OF THE COMPANY - Provided that the Subscriber performs its obligations under the Subscriber Agreement, the Company warrants subject to fair practice that it shall use reasonable skill and care to establish that the Service, including all the relevant Service segments under its control, Service specifications when these have been delivered.
19. INDEMNITY - The Subscriber shall indemnify and hold the Company harmless against loss, damage or expenses resulting from: Breaches or alleged breaches on intellectual property rights, arising from the signals transmitted by the Subscriber, the Subscriber’s subscribers and/or end users or third parties working for the Subscriber.
20. FORCE MAJEURE - 20.1 No failure or omission by either Party to carry out or to perform any of the terms or conditions of the Subscriber Agreement shall give the other Party a claim against such Party, or be deemed a breach of the Subscriber Agreement, if and to the extent that such failure of omission arises from Force Majeure. 20.2 The term “Force Majeure” as used in the Subscriber Agreement shall include events beyond the commercially reasonable control and without the fault of negligence of the Party and includes (without limitation): acts of God, natural or manmade catastrophe; earthquake; fire; flood; solar disturbances; sun outages; acts of any government in their sovereign or contractual capacity including acts of government controlled companies or any acts that may impinge on or affect the RF frequencies; national emergencies; riots; act of war whether declared or not; strikes; epidemic; labor disputes; externally caused interferences; blockade, insurrection or other causes beyond the reasonable control of either of the Parties.
21. CONFIDENTIALITY - Each party agrees to maintain in strict confidence all trade secrets, business and other proprietary information of the other Party that is disclosed pursuant to the Subscriber Agreement. Neither Party shall disclose to any third party such confidential information without the express written consent of the other.
22. NO PARTNERSHIP OR LICENSE - Nothing in the Subscriber Agreement and no action taken by the parties pursuant to the Service Order shall constitute or be deemed to constitute between the parties a partnership, association, joint venture, or other cooperative entity. No license, express or implied, is granted by either party pursuant to the Subscriber Agreement.
23. SEVERABILITY - If any provision of the Subscriber Agreement is held by a court or any governmental agency or authority to be invalid, void, or unenforceable, the remainder of the Subscriber Agreement shall nevertheless remain legal, valid and enforceable, providing always that if such a provision is of a fundamental nature to the Service Order and/or Subscriber Agreement either party may terminate the Subscriber Agreement forthwith.
24. NO WAIVER - Failure by either party to exercise or enforce any right conferred by the Subscriber Agreement shall not be deemed to be a waiver of any such right, nor operate so as to bar the exercise or enforcement thereof or to any other right on a later occasion.
25. VARIATION - This Agreement may be changed or modified from time to time by Company. Notice of such changes or modifications will be provided on-line and by mail or email to the address(es) provided herein. Such changes or modification shall be effective as stated in the notice or as limited in this Agreement. The Subscriber's continued use of the Services provided by Company following the notices and implementation of any such changes, modifications shall constitute Subscriber's acceptance of any such changes and/or modifications. An Agreement Number may be added to this Agreement by StarTouch Inc. without effecting the validity or enforceability of this Contract.
26. TERMINATION OF SERVICE BY THE COMPANY - THE COMPANY MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR ANY AGREEMENT BETWEEN THE COMPANY AND THE SUBSCRIBER FOR ANY REASON OR CAUSE, including but not limited to, if you or any user on your account: (i) breaches these Terms; (ii) pays late; (iii) provides credit information that the Company is unable to verify; (iv) provides the Company with any inaccurate or incomplete information; (v) damages or tampers with, or allows anyone else to damage or tamper with, any Equipment; (vi) incurs charges greater than any billing or credit limitation on your account (even if the Company has not yet billed for those charges); (vii) transfers Service to another person without the Company’s advance written consent; (viii) becomes insolvent, goes bankrupt, or threatens bankruptcy (except as prohibited by law); (ix) uses the Service in a way that violates StarTouch's Acceptable Use Policy, any other agreement you may have with StarTouch, or (x) otherwise acts in a malicious or unsavory manner. The Company may terminate or revise available Services based on changes in policy, network revisions, or other circumstances affecting your Service that StarTouch may choose, or may have cause to develop and implement, with or without notice.
27. LAW & JURISDICTION, NOTICES - This Agreement shall be governed by Washington law. Exclusive jurisdiction and venue for any dispute arising under this Subscriber Agreement shall be the Whatcom County Superior Court. Without limiting the foregoing, the Subscriber specifically waives any jurisdiction of the federal district court or the right to seek removal to the federal district court. In the event the Company is required to engage the Services of an attorney because of a breach by the Subscriber of any of the terms herein contained, or arising out of the Subscriber's use of the Services provided by the Company, the Subscriber agrees to pay all of the Company's reasonable attorney’s fees and court costs. Upon breach of this Subscriber Agreement, all of Subscriber’s rights and privileges shall be immediately terminated. And, upon any such termination for breach of the provisions of this Agreement, or the breach of any applicable law or statute governing the use of the Services provided, all Subscriber fees shall be forfeited as liquidated damages to the Company. Notices to either party shall be sent by registered mail and by fax to the Subscriber and to the Company at their respective addresses and fax numbers provided herein.