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StarBand.com
Terms of Use
GENERAL
Welcome to the Spacenet Inc. Website ("the StarBand Site" or "Site"). It is owned and operated by Spacenet Inc. ("StarBand"). By using or accessing any area of this Site, users ("User" or "Users") agree to be legally bound and abide by the terms of this Agreement set forth below.
Our services are available only to individuals
who can form legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. If you do not
qualify, please do not use our services. StarBand may refuse its services
to anyone at any time, at its sole discretion.
StarBand offers its goods and services in the
respective jurisdictions where it is qualified to do so. The information
at this Site is not targeted at persons or entities residing or doing
business in any particular country and is not intended for distribution
to, or use by, any person in any jurisdiction where such distribution
or use is contrary to local law or regulation. This Site is for informational
purposes only. Not all products or services described here are available
everywhere. Nothing here is an offer to sell or solicitation of an offer
to buy any product or service in any jurisdiction where such offer or
sale is contrary to local law or regulation. Persons accessing these pages
should inform themselves about and observe any such laws or regulations
and consult a professional adviser if in doubt as to the meaning of any
part of the content of this Site. User agrees to access and use the Site
subject to and in accordance with all applicable federal, state, and local
laws, regulations, and treaties.
TRADEMARKS
STARBAND, and the STARBAND family of marks are trademarks of Spacenet Inc. in the United States and/or other countries. Other trademarks referred to therein are the property of their respective owners. All rights are reserved.
Nothing contained on this Web Site or elsewhere
should be construed as granting, expressly, by implication, estoppel,
or otherwise, any license or right to use any trademark or service mark
without the express written permission of Starband or the owner of such
marks. Starband will aggressively enforce its intellectual property rights
to the fullest extent of the law.
StarBand's marks may not be used in connection
with any product or service that is not StarBand's, in any manner that
is likely to cause confusion, or in any manner that disparages or discredits
StarBand. Trademarks, company names and logos appearing on this Site that
are not the property of StarBand are the property of their respective
owners.
PROPRIETARY RIGHTS
User acknowledges that the StarBand
Site is the copyrighted property of StarBand, and User further acknowledges
that the Site may contain information, data, software, photographs, graphs,
videos, typefaces, graphics, music, sounds, files, and other material
(collectively "Content") that are protected by copyrights, trademarks,
service marks, trade secrets, or other proprietary rights, and that these
rights are valid and protected in all forms, media, modes of distribution,
and technologies existing now or hereinafter developed. All Content is
copyrighted individually or as a collective work under applicable copyright
laws and treaties, and StarBand owns all copyrights in the selection,
coordination, arrangement, and enhancement of such Content and in databases
pursuant to applicable laws and treaties. Except as permitted elsewhere
in this Agreement or by the fair use privilege under applicable copyright
laws or treaties, if any, User may not upload, post, reproduce, or distribute
in any way Content protected by copyright, or other proprietary right,
without obtaining permission of the owner of the copyright or other proprietary
right. In addition to the foregoing, use of any software Content shall
be governed by the software license agreement applicable to such software.
User may not modify, remove, delete, augment, add to, publish, transmit,
participate in the transfer or sale of, create derivative works from,
or in any way exploit any of the Content, in whole or in part.
DISCLAIMERS AND LIMITATION OF LIABILITY
The StarBand Site is provided FOR THE
CONVENIENCE OF ITS USERS on an "as is," "as available"
basis without warranties of any kind, either expressed or implied, including
but not limited to warranties of title, implied warranties of merchantability
or fitness for a particular purpose, non-infringement, security or accuracy.
Neither StarBand, nor its affiliates, directors,
officers, employees or other representatives, warrant that the StarBand
Site will be uninterrupted or error-free; nor do they make any warranty
as to the results that may be obtained from the use of the StarBand Site,
or as to the accuracy, reliability, or currency of any information content,
service, or merchandise provided through the StarBand Site. No oral advice
or written information given by StarBand or its affiliates, directors,
officers, employees, or other representatives, shall create a warranty;
nor shall User rely on any such information or advice.
Neither StarBand nor any other party involved
in creating, producing, or distributing the StarBand Site be liable for
any direct, indirect, incidental, special, or consequential damages that
result from the use of or inability to use the StarBand Site, including
but not limited to reliance by a User on any information obtained from
the StarBand Site or that result from mistakes, omissions, interruptions,
deletion of files or email, errors, defects, viruses, delays in operation
or transmission, or any failure of performance, whether or not resulting
from acts of God, communications failure, theft, destruction, or unauthorized
access to StarBand’s records, programs, or services. User hereby acknowledges
that this paragraph shall apply to all content, merchandise, and services
available through the StarBand Site. Because some jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, in such jurisdictions liability is limited to the fullest extent
permitted by law.
STARBAND’S RIGHTS
StarBand may elect to electronically
monitor the User submit areas and may disclose any Content, records, or
electronic communication of any kind (i) to satisfy any law, regulation,
or government request; (ii) if such disclosure is necessary or appropriate
to operate the StarBand Site; or (iii) to protect the rights or property
of individual Users, StarBand or its affiliates, directors, officers,
employees, or other representatives.
StarBand is not responsible for screening, policing,
editing, or monitoring such Content. If notified of allegedly infringing,
defamatory, damaging, illegal, or offensive Content, StarBand may investigate
the allegation and determine in its sole discretion whether to remove
or request the removal of such Content from the StarBand Site.
StarBand reserves the right to prohibit conduct,
communication, or Content that it deems in its sole discretion to be harmful
to individual Users, StarBand, or its affiliates, directors, officers,
employees or other representatives, persons in the jurisdictions that
may access the StarBand Site, or any rights of StarBand or any third party,
or to violate any applicable law. Notwithstanding the foregoing, neither
StarBand, nor its affiliates, directors, officers, employees or other
representatives can ensure prompt editing or removal of questionable Content
after online posting. Accordingly, neither StarBand, nor any of its affiliates,
directors, officers, employees or other representatives shall assume liability
for any action or inaction with respect to conduct, communication, or
Content on the StarBand Site.
ONLINE CONDUCT
Any conduct by a User that in StarBand’s
sole discretion restricts or inhibits any other User from using or enjoying
the StarBand Site will not be permitted. User agrees to use the StarBand
Site only for lawful purposes. User is prohibited from posting on or transmitting
through the StarBand Site any unlawful, harmful, threatening, abusive,
harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful,
racially, ethnically, or otherwise objectionable material of any kind,
including but not limited to any material that encourages conduct that
would constitute a criminal offense, give rise to civil liability, or
otherwise violate any applicable local, state, national, or international
law.
Users may not use any device, software or routine
to interfere or attempt to interfere with the proper working of the StarBand
Site or any account on the Site. You may not take any action which imposes
an unreasonable or disproportionately large load on our infrastructure.
You may not disclose your password to any third parties or use your password
for any unauthorized purpose.
Users may not use the StarBand Site to send unsolicited
advertising, promotional material, or other forms of solicitation to other
Users, except in those specified areas, if any, that are designated for
such a purpose.
We may immediately issue a warning, temporarily
suspend, indefinitely suspend, or terminate your access to this website
if your breach this Agreement, if we are unable to verify or authenticate
any information you provide to us, or if we believe that your conduct
violates applicable law or is harmful to the interests of StarBand, its
affiliates, or other Users.
Users are responsible for complying with all applicable
laws relevant to their conduct at and usage of this Site. As a condition
of your use of the Site, you agree that you will not: (i) use the Site
to infringe the intellectual property rights of others in any way; (ii)
use the Site, or attempt to penetrate, modify, or manipulate the Site
or services offered through or at the Site or any of the hardware or software
thereof in order to invade the privacy of, obtain the identity of, or
obtain any personal information about (including but not limited to IP
addresses of) any other User of the Site, or to modify, damage, or erase
any information contained at the Site or any other User connected to the
Site; or (iii) reverse engineer any portion of the Site.
CONFIDENTIALITY OF USER COMMUNICATIONS
Except as required by law, StarBand
will maintain the confidentiality of all user communications which contain
personal user information and which are transmitted directly to StarBand.
When visiting the Site, you are doing so anonymously. Supplying your e-mail
address or any other personal information is done so voluntarily when
you register with our website to gain access to our Site’s array of services.
Your E-mail address will not be shared by us with any individual or company
outside of StarBand unless you elect in the registration form to receive
certain product and service information. Primarily, these e-mail offers
will come from StarBand. If you have elected to receive information from
third party sources, our goal is to target offers that we believe will
be of value to you. All offers are carefully screened to ensure that they
meet our standards.
Each guest’s personal information is carefully
safeguarded to ensure your safety and privacy. Please refer to the StarBand
Privacy Policy for more information regarding
the manner in which we use and protect User information. Please note that
if you choose to take advantage of an offer from a company other than
StarBand and you become their customer by contacting that company's website,
your actions on that site and the treatment of your information will be
subject to the terms and conditions and privacy policy application to
that site.
StarBand reserves the right to cooperate fully
with state, local, federal, and international officials in any investigation
relating to any Content (including personal or private electronic communication
transmitted on the StarBand Site) or purported unlawful activities of
any User.
INTERNATIONAL PRIVACY COMMITMENT
StarBand’s User Agreement and Privacy
Policy are currently applicable to our United States customers and visitors
to our Site. As websites for international audiences are developed, they
will maintain their own rules and practices, to be consistent with this
statement, which they may modify as needed for particular products and
services, or to conform to local laws or customs around the world. If
you have any questions about the StarBand Privacy
Policy or opt out process, you may send an e-mail to info@StarBand.com.
POSTINGS
StarBand does not want to receive confidential
or proprietary information from you through this Site or otherwise. Postings
by a User on any message board or in any chat room will not be protected
as confidential and StarBand may use and provide information contained
in any such postings (including any ideas, concepts, know-how or other
intellectual property) to any of its parent company, subsidiaries, affiliates,
or others for any purpose whatsoever and as deemed appropriate by StarBand.
StarBand is under no obligation to review any
messages, information or content ("Postings") posted on the Site by Users
and assumes no responsibility or liability relating to any such Postings.
Notwithstanding the above, StarBand may from time to time monitor the
Postings on the Site and may decline to accept and/or remove any Postings
that contain any unlawful, harmful, threatening, abusive, harassing, defamatory,
vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable
material of any kind, including, but not limited to, any material which
encourages conduct that would constitute a criminal offense, give rise
to civil liability or otherwise violate any applicable local, state, national
or international law; advertisements or solicitations of any kind; messages
posted by Users impersonating others; personal information such as messages
which state phone numbers, social security numbers, account numbers, addresses,
or employer references; messages by non-spokesperson employees of StarBand
purporting to speak on behalf of StarBand; messages that offer unauthorized
downloads of any copyrighted or private information; multiple messages
placed within individual folders by the same User restating the same point;
and chain letters of any kind.
TRANSMISSION OF PERSONAL DATA
User acknowledges and agrees that by
providing StarBand with any personal or proprietary User information through
the Site, including proprietary credit card/customer account data, User
consents to the transmission of such personal or proprietary User information
over international borders as necessary for processing in accordance with
StarBand's business practices.
USE OF LINKS
Should the User leave this Site via
a link contained herein, and view content that is not provided by StarBand,
the User does so at his or her own risk. The content to which you link
will not have been developed, checked for accuracy, or otherwise reviewed
by StarBand. StarBand is not responsible for damages or losses caused
by any delays, defects or omissions that may exist in the services, information
or other content provided in such Site, whether actual, alleged, consequential
or punitive. StarBand makes no guarantees or representations as to, and
shall have no liability for, any electronic content delivered by any third
party, including, without limitation, electronic content delivered by
any third party, including, without limitation, the accuracy, subject
matter, quality or timeliness of any electronic content. Furthermore,
if you choose to take advantage of an offer from a company other than
StarBand and you become their customer by contacting that company's website,
your actions on that site and the treatment of your information will be
subject to the terms and conditions and privacy policy application to
that site.
TERMINATION OF USAGE
StarBand may terminate User access,
or suspend any User’s access to all or part of the StarBand Site, without
notice, for any conduct that StarBand, in its sole discretion, believes
is in violation of any applicable law or is harmful to the interests of
another User, StarBand, or its affiliates, directors, officers, employees
or other representatives.
TERMINATION POLICY FOR VIOLATION OF COPYRIGHT
Users of this Site are responsible
for compliance with all copyright laws pertaining to information that
they place on the Internet using StarBand's facilities. Use of StarBand's
online services will be terminated for anyone who violates the copyright
provisions of the United States Code on the second notice of violation
by StarBand. Information about the Copyright Act and copyright law can
be found at http://lcweb.loc.gov/copyright.
StarBand will respond to complaints
of copyright infringement as provided for in the Digital Millennium Copyright
Act ("DMCA"). In accordance with the DCMA, StarBand has designated
the following individual (the "Designated Agent") to receive
notification of possible violations of copyrights:
Mark Bresnahan
Copyright Designated Agent
Spacenet Inc.
1750 Old Meadow Road, 7th Floor
McLean, VA 22102
Tel: 703-848-1431
Fax: 703-848-1012
E-mail: copyrightagent@starband.com
StarBand will expeditiously remove and/or block
access to material posted by a User upon notice of infringement of copyright
provided to the Designated Agent by the copyright owner. The individual
responsible for posting material suspected of copyright infringement will
be promptly notified by the Designated Agent and will be provided with
the following information:
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Name and address of the complaining party;
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Sufficient information to identify the copyrighted work or works; and
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A statement from the copyright owner that it has a good faith belief that there is no legal basis for the use of the materials complained of.
If the individual receiving notice of improper use
believes that the material in question is being used lawfully, a
"Counter Notice" should be provided to the Designated Agent, and StarBand
will restore access within 14 days of the Counter Notice, unless the matter
has been referred to a court. The Counter Notice must contain the following:
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The individual’s name, address, phone number
and signature;
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Identification of the material and its location before removal;
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A statement, under penalty of perjury, that the material was removed by mistake or misidentification on the part of the complainant; and
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Consent to local Federal court jurisdiction.
Under the DMCA, StarBand may be
obligated to provide names of individuals using its online services upon
the order of a federal court. StarBand will safeguard the privacy of a
User’s identity on the Internet to the full extent of the law. Questions
about compliance with the DMCA at StarBand may be addressed to the Designated
Agent listed above.
MISCELLANEOUS
This Agreement shall be governed in
all respects by the laws of the Commonwealth of Virginia as such laws
are applied to agreements entered into and to be performed entirely within
Virginia between Virginia residents. We do not guarantee continuous, uninterrupted
or secure access to our services, and operation of our Site may be interfered
with by numerous factors outside our control. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be struck and the remaining provisions shall be enforced. Headings are
for reference purposes only and in no way define, limit, construe, or
describe the scope or extent of such section. Our failure to act with
respect to a breach by you or other Users does not waive our right to
act with respect to subsequent or similar breaches.
NO AGENCY
Users and StarBand are independent contractors,
and no agency, partnership, joint venture, employee-employer or franchiser-franchisee
relationship is intended or created by this Agreement.
ARBITRATION
Any controversy or claim arising out
of or relating to this Agreement shall be settled by binding arbitration
in accordance with the commercial arbitration rules of the American Arbitration
Association. Any such controversy or claim shall be arbitrated on an individual
basis, and shall not be consolidated in any arbitration with any claim
or controversy of any other party. The arbitration shall be conducted
in New York, New York, and judgment on the arbitration award may be entered
into any court having jurisdiction thereof. Either you or StarBand may
seek any interim or preliminary relief from a court of competent jurisdiction
in New York, New York necessary to protect the rights or property of you
or StarBand pending the completion of the arbitration.
CHANGES TO AGREEMENT
StarBand may amend this Agreement or
any other notices, terms, policies, and conditions on this Site at any
time by updating this posting. Accordingly, you should visit this Site
from time to time to review the then-current and effective terms and conditions
because all Users are bound by them. Certain provisions of this Agreement
may be superseded by expressly designated legal notices or terms located
on particular pages of this Site. No delay or failure to take action under
such terms and conditions will constitute a waiver by StarBand, unless
expressly waived in writing by a duly authorized officer of StarBand.
ACKNOWLEDGMENT
This Agreement represents the entire
understanding between you and StarBand regarding your relationship with
StarBand with regard to your use of this site and supersedes any prior
statements or representations.
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