INTERNET TERMS OF SERVICE
1. Overview
These Terms of Service (“Terms”) govern the Starlink Managed Connectivity Service (“Service”) provided by Everest Smart Homes LLC (“Everest,” “we,” or “us”) to you (“Client”). Under this Service, Everest maintains a Starlink satellite internet subscription in its own name and provides connectivity to you at your service address, billed as a recurring monthly subscription through Everest’s website.
Everest is an independent technology services company with no formal reseller, affiliate, or agency relationship with SpaceX Inc. (“SpaceX”). Everest procures Starlink service on a commercial basis and provides it to you as part of a managed service offering.
By subscribing through Everest’s website, you confirm that you have read, understood, and agree to these Terms.
2. Service Description
2.1 What Everest Provides
The Service includes:
• Provisioning and ongoing maintenance of a Starlink satellite internet subscription at your service address, held in Everest’s account;
• A single recurring monthly charge covering the cost of connectivity plus Everest’s management fee, processed automatically through Everest’s website;
• First-line support for service inquiries and account changes;
• Coordination with SpaceX customer support for outages and equipment issues on your behalf;
• Proactive notification of any SpaceX changes that materially affect your connectivity or pricing.
2.2 What Is Not Included
Unless separately contracted under an Everest MSP or Smart Home service agreement, the following are not included and will be quoted and billed separately:
• On-site installation, mounting, or cabling of Starlink hardware;
• Local network design, router configuration, or Wi-Fi setup;
• Hardware repair or replacement beyond what SpaceX covers under its own warranty.
2.3 SpaceX Network and Acceptable Use
Connectivity is delivered over the Starlink satellite network operated by SpaceX. Everest has no control over SpaceX’s network infrastructure, routing, or performance. Because the Starlink subscription is held in Everest’s name, your use of the Service must comply with SpaceX’s Acceptable Use Policy (available at starlink.com). Violations of SpaceX’s policy that result in SpaceX taking action against Everest’s account may result in immediate suspension or termination of your Service.
3. Billing and Subscription
3.1 Subscription and Monthly Charge
The Service is offered as a recurring monthly subscription processed through Everest’s website. Your monthly charge consists of two components:
• Connectivity cost: Everest’s cost to maintain the Starlink subscription at your service address, passed through at cost;
• Management fee: $10.00 per month, covering account administration and first-line support.
Your total monthly charge is displayed at checkout and on your subscription confirmation. By completing checkout, you authorize Everest to charge your payment method on file on a recurring monthly basis until the subscription is cancelled.
3.2 Billing Cycle
Your subscription renews automatically each month on the anniversary of your activation date. Charges are processed on the renewal date using the payment method provided at checkout. You will receive an electronic receipt for each successful charge.
3.3 Failed Payments
If a scheduled payment fails, Everest’s billing platform will attempt to retry the charge in accordance with standard retry logic. If payment cannot be collected within seven (7) days of the original charge date, Everest reserves the right to suspend your connectivity immediately. Service will be restored upon successful payment. If payment is not resolved within thirty (30) days of the original charge date, Everest may terminate the Service pursuant to Section 6.3.
3.4 Price Changes
Everest’s $10.00 management fee will not increase without at least thirty (30) days written notice to you via the email address on file. The connectivity cost component may change if SpaceX adjusts its pricing; Everest will provide as much advance notice as SpaceX makes available. Continued use of the Service after a price change takes effect constitutes acceptance of the new rate. If you do not accept a price change, your remedy is to cancel pursuant to Section 6.
3.5 No Refunds
All subscription fees are non-refundable. Because cancellation takes effect immediately upon request (see Section 6.2), no partial-month credits or prorated refunds will be issued for any unused portion of a billing period.
4. Minimum Commitment
Each subscription is subject to a minimum term of thirty (30) days from the activation date (“Minimum Term”). You may not cancel the Service during the Minimum Term. This period reflects the time and cost Everest incurs to provision, activate, and configure your Starlink subscription.
Following the Minimum Term, the subscription continues on a month-to-month basis and may be cancelled at any time in accordance with Section 6.
5. Equipment
5.1 Hardware Procurement
Starlink hardware (dish, router, and associated mounting hardware) may be purchased through Everest, purchased directly by you from SpaceX, or provided under a separate arrangement documented at the time of enrollment. Everest will coordinate hardware procurement and activation as part of the onboarding process.
5.2 Ownership
Hardware purchased and paid for by Client is Client’s property. Hardware procured by Everest and not yet fully paid for, or provided on a loaner basis, remains Everest’s property until full payment is received.
5.3 Client Responsibility
You are responsible for maintaining hardware at your location in good working condition and for notifying Everest promptly of any failure or damage. Damage caused by misuse, unauthorized modification, power surges, or neglect is not covered by any Everest or SpaceX warranty and may result in replacement costs billed to you.
6. Acceptable Use
Because the Starlink subscription is held in Everest’s name, your activity on the Service reflects directly on Everest’s account standing with SpaceX. You agree not to use the Service for any purpose that:
• Violates SpaceX’s Acceptable Use Policy or any applicable law or regulation;
• Involves unauthorized access to any network, system, or device;
• Involves transmission of unlawful, harmful, abusive, or defamatory content;
• Involves excessive or abusive bandwidth consumption inconsistent with SpaceX’s fair use policies;
• Could expose Everest to legal liability or jeopardize Everest’s account standing with SpaceX.
Everest reserves the right to immediately suspend your connectivity without prior notice if it reasonably believes a violation is occurring or has occurred.
7. Cancellation and Termination
7.1 Client Cancellation
After the Minimum Term, you may cancel your subscription at any time through your account on Everest’s website or by contacting Everest directly. Cancellation takes effect immediately upon confirmation. You will not be charged for any subsequent billing period, and no refund will be issued for the current billing period.
Because the Starlink subscription is held in Everest’s name, Everest will determine the appropriate disposition of the underlying subscription following your cancellation. Everest has no obligation to transfer the Starlink account to you, but will make reasonable efforts to assist with a transition to a direct SpaceX account if requested and if SpaceX permits.
7.2 Cancellation During Minimum Term
Cancellation requests submitted during the Minimum Term will be honored at the end of the 30-day Minimum Term, not immediately. You will be charged for the full Minimum Term regardless of when during that period the cancellation request is submitted.
7.3 Everest-Initiated Suspension or Termination
Everest may suspend or terminate the Service immediately and without prior notice in the event of:
• Payment failure not resolved within seven (7) days (suspension) or thirty (30) days (termination);
• Violation of Section 6 (Acceptable Use);
• Any Client conduct that creates legal or regulatory liability for Everest;
• SpaceX suspending or terminating Everest’s account due to activity at your service address;
• Everest discontinuing this service offering generally, with thirty (30) days notice where practicable.
7.4 Effect of Termination
Upon termination, your connectivity ceases immediately. All outstanding balances become immediately due. Everest has no obligation to maintain or transfer the underlying Starlink subscription.
8. Service Availability and Performance
Starlink satellite internet performance and availability are subject to factors entirely outside Everest’s control, including:
• Weather conditions and atmospheric interference;
• Physical obstructions within the dish’s field of view;
• SpaceX network congestion, maintenance, or outages;
• Geographic limitations of satellite coverage at your location.
Everest makes no warranty regarding minimum speeds, latency, or uptime. No credit or refund will be issued for outages or degraded performance attributable to the Starlink network, SpaceX, or factors outside Everest’s control.
9. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEREST’S TOTAL LIABILITY TO YOU IS LIMITED TO THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM. EVEREST IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF BUSINESS, LOST REVENUE, DATA LOSS, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Everest is not liable for any interruption, degradation, or failure of service caused by SpaceX, the Starlink network, or any factor outside Everest’s direct control.
10. Indemnification
You agree to indemnify, defend, and hold harmless Everest Smart Homes LLC and its members, employees, and contractors from and against any claims, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising from: (a) your use of the Service; (b) your violation of Section 6 (Acceptable Use); (c) your violation of any applicable law; or (d) your breach of these Terms. This obligation specifically includes any costs Everest incurs with SpaceX as a result of activity at your service address.
11. Privacy
Everest collects billing, contact, and account information necessary to provide and administer the Service, processed through Squarespace’s payment infrastructure. Everest does not monitor or log your internet traffic or browsing activity. SpaceX may collect usage and network data per its own Privacy Policy. Your information is handled in accordance with Everest’s Privacy Policy.
12. Governing Law and Disputes
These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. Any dispute arising under or related to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, conducted in Broward County, Florida. Either party may seek injunctive or equitable relief in any court of competent jurisdiction without waiving this arbitration provision.
13. Amendments
Everest may amend these Terms at any time. Updated Terms will be posted to Everest’s website and subscribers will be notified via email at least thirty (30) days before the amended Terms take effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept amended Terms, you may cancel pursuant to Section 7.1 before the effective date.
14. Entire Agreement
These Terms constitute the entire agreement between you and Everest regarding the Starlink Managed Connectivity Service and supersede all prior representations or understandings. If you also hold a separate Everest Master Services Agreement, that agreement controls in the event of a conflict with these Terms.
Acceptance
By completing checkout and subscribing to this Service through Everest’s website, you acknowledge that you have read, understood, and agree to these Terms of Service. No physical signature is required; your subscription confirmation serves as your electronic acceptance.