TERMS OF SERVICES AND ACCCEPTABLE USE POLICY
IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT ACCESS THE SITE OR USE ANY OF THE SERVICES.
Eligible Users. The Services are available only to individuals and legal entities that can form legally binding contracts under applicable law. By using any of the Services, you expressly represent that you have the capacity under applicable law to enter into a legally binding contract. You and Intelsat are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Login ID and Account Password(s). If applicable, you will be able to access certain portions of this Site only as a registered user of the Services. As a registered user of the Services, you will receive or establish one password and account. Maintaining the confidentiality and security of your password and account is solely your responsibility. You are entirely responsible for all activities that occur on or through your account(s). You agree that Intelsat will not be responsible for any losses incurred in connection with any misuse of passwords. Notify Intelsat immediately if your password has been stolen or its security has been otherwise compromised.
Deep Links. You shall not “deep-link” to this Site, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of this Site for any purpose, unless specifically authorized by Intelsat to do so.
Framing and In-lining. You shall not frame or in-line (framing without a border around the framed content) this Site, meaning that you will not display the contents of this Site on another web page without Intelsat’s express permission
Security. You shall not violate or attempt to violate the security of the Services. Accordingly, you shall not: (i) access data or materials not intended for you; (ii) log into a server or account which you are not authorized to access; or (iii) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization. Violations of system or network security may result in civil or criminal liability. You agree that it is your responsibility to install anti-virus software and related protections against viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, destroy, disrupt or otherwise impair a computer’s functionality or operation which may be transferred to your computer via the Services.
Intellectual Property. This Site, including, without limitation, all content and software related to the Site and the Services is the property of Intelsat or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Intelsat and protected by United States and international copyright laws. The Intelsat logo, and all other trademarks, service marks, and trade names of Intelsat appearing on this Site are owned by Intelsat (“Trademarks”). You may not use the Trademarks without the prior written consent of Intelsat, and Trademarks may not be used in a manner that is likely to cause confusion, or in any manner that disparages or discredits Intelsat. All other trademarks, product or service names, brand names, company names and/or logos that may appear on this Site are the property of their respective owners.
Unacceptable Use of the Site. You shall not restrict or inhibit any other user from using and enjoying the Services. You shall not use the Services to: (i) engage in or encourage fraudulent conduct or conduct that would constitute any other criminal offense or give rise to civil liability; (ii) distribute in any manner any harmful, obscene or otherwise illegal or objectionable material of any kind; (iii) spoof or otherwise impersonate any individual or entity, or forge, delete or alter any part of TCP/IP packet header information in any e-mail or other posting; (iv) violate or attempt to violate, the security of the Services; or (v) assist or permit any persons in engaging in any of the activities described above. We reserve the right to investigate and to involve and cooperate with law enforcement authorities, and to pursue a civil lawsuit or criminal prosecution for any alleged or actual illegal activities involving this Site or any of the Services.
Warranty Disclaimer. YOUR ACCESS AND USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, TITLE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION. INTELSAT DOES NOT WARRANT THAT THE SITE AND ANY SERVICES WILL BE AVAILABLE OR OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. IN ADDITION, INTELSAT DOES NOT WARRANT THAT INFORMATION AVAILABLE ON OR THROUGH THE SITE ARE APPROPRIATE, ACCURATE OR AVAILABLE FOR USE IN ANY PARTICULAR JURISDICTION, AND ACCESSING THEM FROM JURISDICTIONS WHERE THEIR CONTENTS ARE ILLEGAL IS EXPRESSLY PROHIBITED. Some jurisdictions do not allow exclusion of implied warranties, so the above exclusions may not apply to you.
Limitation of Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT INTELSAT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THIS AGREEMENT OR THE USE OF ANY OR ALL OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF INTELSAT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). TO THE EXTENT THE FOREGOING LIMITATION OF LIABILITY IS, IN WHOLE OR IN PART, HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF INTELSAT FOR ANY REASON AND UPON ANY CAUSE OF ACTION (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, STRICT LIABILITY AND OTHER ACTIONS IN CONTRACT OR TORT) ARISING OUT OF OR IN ANY WAY RELATED TO THE SITE, THE SERVICES OR THIS AGREEMENT SHALL BE LIMITED TO YOUR DIRECT DAMAGES ACTUALLY INCURRED UP TO ONE HUNDRED DOLLARS ($100). BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Indemnification. You agree to indemnify, defend and hold harmless Intelsat from and against any claim, demand, cause of action, debt, loss or liability, including reasonable attorneys’ fees, to the extent that such action is based upon, arises out of, or relates to: (i) your activities on the Site or your use of (or inability to use) the Services; (ii) your violation of the terms and conditions of this Agreement; (iii) the infringement by you, or any other person using your password and account, of any right of any person or entity; or (iv) any other activities of yours accomplished using the Services. This indemnity shall be in addition to and not limited by any other indemnity.
Applicable Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Virginia, without regard for principles of conflict of laws. Subject to the dispute resolution terms above, any legal action or proceeding between Intelsat and you related to this Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in McLean, Virginia.
Dispute Resolution. Except with respect to violations of Intelsat’s intellectual property or proprietary rights, and except with respect to suits brought against Intelsat by third parties, you acknowledge and agree that any dispute involving Intelsat shall be settled by arbitration in the State of Virginia 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. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that Intelsat may seek interim or preliminary relief from a court of competent jurisdiction necessary to protect the rights or property of Intelsat pending the completion of arbitration.
General. No delay or failure to take action under such terms and conditions will constitute a waiver by Intelsat. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the court shall endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement remain in full force and effect. The section headings used in this Agreement are for convenience only and have no legal effect. Any cause of action brought against Intelsat arising out of this Agreement or the Services must commence within one (1) year after the cause of action arose.
Intelsat Reserves the Right to Revise this Agreement. Intelsat reserves the right, at any time and from time to time, to update, revise, supplement and to otherwise modify this Agreement and to impose new or additional rules, policies, terms or conditions on your use of the Services. Such updates, revisions, supplements, modifications and additional rules, polices, terms and conditions (collectively referred to in this Agreement as “Additional Terms”) shall be effective immediately and incorporated into this Agreement upon notice thereof, which may be given by any reasonable means including by posting to this Site. Your continued use of the Services following such notice shall be deemed to conclusively indicate your acceptance of any and all such Additional Terms.
Intelsat May Revise or Terminate Any Part of the Services at Any Time. Intelsat reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, any or all of the Services, with or without notice and at its sole discretion. You agree that Intelsat, its partners, and its affiliates shall not be liable to you for any modification, suspension or discontinuance of any Services. Intelsat may, in its sole discretion, refuse or restrict anyone from access to any or all of the Services at any time.
Termination. If you no longer agree to the terms and conditions of this Agreement, please notify Intelsat by sending an email stating your desire to withdraw from this Agreement to Intelsat at info(at)epsilonregistration.com. This Agreement will continue to apply to all past use of the Services by you, even if you are no longer using them.
Notices. Intelsat may deliver notice to you under this Agreement by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. Mail to your address you provide to Intelsat at registration. You may give notice to Intelsat anytime via electronic mail to [email protected]; write to us at Intelsat, 7900 Tysons One Place, McLean, VA 22102-5972, USA; or call us at Customer Assistance (24-hour): +1 (703) 559-6800.