1. Description of Service
2. General Use of the Site and Services; Prohibitions; Modifications
(b) Prohibitions. You agree that:
(1) You will not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, frame in another web page, use on any other web site, transfer, or sell any information, software, lists of users, databases or other lists, products or services provided through or obtained from the Site. This means, among other activities, that you agree not to engage in the practices of screen scraping, database scraping, or any other activity with the purpose of obtaining lists of users or other information.
(2) You will not use the Service or the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
(3) You will not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
(4) Except with the written permission of the Company, you agree that you will not access or attempt to access password protected, secure or non-public areas of the Site.
(c) Modifications to Site or Services. We reserve the right at anytime, and from time to time, to add to, modify, change, suspend or discontinue (temporarily or permanently) the Site and/or the Services (or any part thereof) without notice to you. You agree that the Company shall not be liable to you or to any third party for any modification, change, suspension or discontinuance of the Site and/or Service.
4. Third Party Content; Disclaimers
(b) Disclaimers. We are not and will not be responsible for (i) the terms and conditions of any transaction between you and any third party, (ii) any insufficiency of or problems with any such third party's background, insurance, credit or licensing, or (iii) the quality of services performed by any such third party or any other legal liability arising out of or related to the performance of such services. In the event that you have a dispute with any such third party, you hereby release the Company (and its affiliates, suppliers, agents and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
5. Software; Licenses; Trade Secrets
(b) Trade Secret. The Company's software (including its structure, sequence and organization and source code) is considered proprietary and a trade secret of the Company and its suppliers, and is protected by trade secret laws. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCING THE COMPANY'S SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. YOU MAY NOT DECOMPILE OR DISASSEMBLE, REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DISCOVER ANY SOURCE CODE CONTAINED IN ANY SOFTWARE PROVIDED HEREUNDER.
6. Copyright and Trademark Notices
(a) Copyright. All materials on our Site (including, the Site design, text, graphics, as well as the arrangement, the selection and the organization and layout of the Site) are owned or licensed by the Company or its affiliates. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials at the Site is permitted without the written permission of the Company. Any rights not expressly granted herein are reserved.
(b) Trademark. This Site, and the Company's Trademarks (registered and unregistered) and any and all other content provided in this Site (including, without limitation, graphic images, audio, video, html code, buttons, and text) may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of the Company; except that you may download, display, and print one copy of the materials on any single computer solely for your personal, non-commercial use, provided that you do not modify the material in any way and you keep intact all copyright, trademark, and other proprietary notices. Nothing contained in this Site shall be construed as conferring by implication or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of the Company or any third party.
7. Intellectual Property Definition; Rights; Prohibitions; Infringement Claims
(a) Definition. "Intellectual Property" means all of the following owned or licensed by a party: (i) trademarks and service marks (registered and unregistered) and trade names, and goodwill associated therewith ("Trademarks"); (ii) patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names. The rights owned or licensed by a party in its Intellectual Property shall be defined, collectively, as "Intellectual Property Rights."
The Company (and not you) shall have the sole right, but not the obligation, in its sole discretion, to pursue any copyright, patent or other protection for any Intellectual Property Rights. You will cooperate with us in pursuing such protection, including without limitation executing and delivering to us such instruments as may be required to register or perfect the Company's interests in any Intellectual Property Rights and any assignments thereof.
(c) Prohibitions. You agree not to: (a) remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation received from the Company; (b) modify, alter, or deface any of the Company’s Intellectual Property Rights; (c) hold yourself out as in any way sponsored by, affiliated with, or endorsed by us, or any of our service providers; (d) use any of the Trademarks or other or content accessible through the Site for any purpose other than the purpose for which we have made it available to you; (e) defame or disparage us, our Trademarks, or any aspect of the Site; and (f) adapt, translate, modify, decompile, disassemble, or reverse engineer the Site or any Software or programs used in connection with Company Services.
You further agree not to provide links to the Site without the Company's prior, express written consent, and acknowledge that the framing, mirroring, scraping or data mining of the Site or any of its content in any form and by any method is expressly prohibited.
(d) Infringement Claims. It is our policy to respond expeditiously to claims of Intellectual Property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act ("DMCA") and other applicable intellectual property laws. Notices of claimed infringement should be directed to us at the address provided below.
9. DISCLAIMER OF WARRANTIES
9. Termination and Cancellation
10. Charges and Billing
(a) Charges and Billing. If there are fees or charges incurred by you in connection with your use of our Service and/or our Site , you hereby authorize us to charge your credit card or banking account in advance for such fees in accordance with the type service account service you choose (the "Account"). You also agree to pay any outstanding balance due on your Account if you cancel the Service.
(b) Modifications. We reserve the right to charge a fee for the Service or to change our fees or billing methods at any time, provided, however, that such modifications shall not take effect earlier than thirty (30) days after the Company has either notified you or posted such information on the Site.
(c) Additional Fees and Charges. We also have the right to collect applicable taxes and impose premium surcharges for certain Services. We expect you to pay your Account balance on time and amounts not paid by you when due will be assessed an additional 1.5% (or the highest amount allowed by law, whichever is lower) per month if your payment is more than thirty (30) days past due.
12. General Terms
(h) Place of Performance. This Site is controlled, operated and administered by the Company from its offices in California. We make no representation that materials at this Site are appropriate or available for use at other locations outside of the United States and access to them from territories where their contents are illegal is prohibited. If you access this Site from a location outside of the United States, you are responsible for compliance with all local laws.
13. Contact Information
If you have any questions or suggestions, please contact us at:
National Satellite Center
2750 East Spring Street
Long Beach, CA 90806