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 Companyâ€™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:
Your privacy is very important to National Satellite and we want you to fully understand our privacy practices.
The term "Company", "we", "us" or "our" refers to National Satellite, Inc. and its affiliates and partners. The term "You", "your" and "yours" refers to the web surfer and consumer utilizing our Site.
1. Information Collection
Our primary purpose in collecting Personal Information and Anonymous Information (collectively, "Information") is to allow us to provide services and features that most likely meet your needs, and to customize our service to make your experience safer, easier and efficient. We only collect Information about you that we consider necessary for achieving this purpose.
"Personal Information" means any information that may be used to identify an individual, including first and last name, physical address, email address, telephone number, as well as an individual's financial information, including billing, bank account and/or credit card information.
"Anonymous Information" means information that cannot, by itself, be used to identify a particular person or entity.
1.1 Collection of Personal Information
(a) User Direct Information. In general, you can browse the Site without telling us who you are or revealing any personal information about yourself. However, once you give us your Personal Information, you are not anonymous to us. For example, if you apply to become a publisher or advertiser, choose to use our Site and/or services or otherwise enter into a business relationship with us, we may require you to provide certain Personal Information. Where possible, we indicate which fields are required and which fields are optional. You always have the option to not provide Personal Information by choosing not to use a particular service or feature.
(b) Correspondence. If you send us personal correspondence, such as emails or letters, or if other users or third parties send us correspondence about your activities on the Site, we may collect, gather and store such Personal Information into a file specific to you.
1.2 Collection of Anonymous Information
(a) Site Behavior. We automatically track, record and store certain information based upon your behavior on the Site to gather Anonymous Information. Such Anonymous Information may include your IP host address, click-throughs, pages viewed, content delivery, browser type, Internet browsing and usage habits, Internet Service Provider, domain name, the time/date of your visit to our Site, your computer's operating system and URL information, such as the URL that you just came from (whether this URL is on the Site or not), and which URL you next go to (whether this URL is on the Site or not).
(c) Web Beacons. Anonymous Information may also be obtained through web beacons (also known as "action tags", 1x1 pixels or clear GIFs). A web beacon is a programming code that can be used to display an image on a web page or email message for the purpose of transferring data. This information allows us to track certain websites you visit or emails that you read. As such, web beacons are also used to track online behavioral habits for marketing purposes to determine products or services you may be interested in.
2. No Collection of Information from Children
We will never knowingly collect any Personal Information about children under the age of 18. If we obtain actual knowledge that we have collected Personal Information about a child under the age of 18, that information will be immediately deleted from its database. Because we do not collect such information, we have no such information to use or to disclose to third parties.
3. Use and Sharing of Personal Information and Anonymous Information
The following paragraphs describe how we currently use and share Information, but we reserve the right to amend, broaden or otherwise change our use of Information at any time.
3.1 Business Reason. Anonymous Information may be used by us for business reasons, such as to research our users' demographics, interests, and behavior to better understand, protect and serve you and our community. For example, Anonymous Information allows us to better target advertisements on our Site, to provide aggregate reporting to publishers and advertisers, and to improve our advertising systems and products. We also use Anonymous Information to analyze site usage, administer the site, understand usage and navigation trends in aggregate, and determine the relevance of content.
3.3 Joint Venturers. We reserve the right at our sole discretion to share, disclose and transfer our data, including Information, with our joint ventures. To the extent that these entities have access to your Personal Information, they will treat it at least as protectively as they treat Information they obtain from their other users.
3.4 Communications. On rare occasions it is necessary to send out a strictly service related announcement and we reserve the right to use Personal Information for this purpose. For instance, if our service is temporarily suspended for maintenance we might send users an email using Personal Information. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature. We communicate with users on a regular basis to provide requested services and in regards to issues relating to their account we reply via email or phone, in accordance with the users wishes.
3.5 Legal Reasons. We may need to disclose Information (including Personal Information) for legal reasons. For example, we may be required to disclose your Information in response to subpoenas, court orders, warrants, or legal process, or to otherwise establish or exercise our legal rights or defend against legal claims or in the event you violate or breach an agreement with us. We reserve the right to use and disclose your Information to protect the Company from liability and if we believe you may harm the property or rights of the Company, its owners, or those of publishers, advertisers or other customers. Finally, we reserve the right to use or disclose your Information if we believe it is necessary to share such Information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of our acceptable use policy, or as otherwise required by law and other legal processes.
3.6 Third Parties.
(a) Conduct Business. We will transfer your Personal Information to third parties when necessary to conduct business, such as invoicing, collecting payments or making payments to publishers and advertisers. Additionally, we may hire other companies or third parties to provide limited services on our behalf, such as to send email, to perform statistical analysis of our services, to provide Company, publisher and advertiser support, to carry out invoicing, or to make payments. These service providers will be permitted to obtain Information to the extent needed to perform their functions. They are required to maintain the confidentiality of the Information and are prohibited from using it for any other purpose.
(b) Sharing Information. We reserve the right to share Anonymous Information, such as summary or aggregated anonymous information, with third parties.
3.7 Merger, Sale or Reorganization. In the event, we are involved in a business transition, such as a merger, sale, acquisition, reorganization, bankruptcy or other change of business status, we reserve the right to assign or otherwise transfer the right to your Information.
4. Third Parties' Privacy Practices
4.1. Third Party Cookies and Web Beacons. Advertising agencies, advertising networks, and other companies who place advertisements on the Site and on the internet generally may use their own cookies, web beacons, and other technology to collect Information about individuals. We do not control the use of such technology and we have no responsibility for the use of such technology to gather Information about you.
Our users are given the opportunity to "opt-out" of having their Information used for purposes not directly related to our Site at the point where we ask for information. Users who no longer wish to receive communications may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at remove@National Satellite.com.
This Site employs commercially reasonable efforts to protect our users' Information. We comply with all applicable data security laws and we will comply with all applicable notification requirements required under the law.
When our registration/order form asks users to enter sensitive Personal Information such as credit card number and/or social security number that information is encrypted and is protected with the best encryption software in the industry - SSL. While on a secure page, such as our order form, the lock icon on the bottom of Web browsers such as Netscape Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked, or open, when users are just 'surfing'.
While we use SSL encryption to protect sensitive information online, we also employ commercially reasonable efforts to protect user-information off-line.
We store your Personal Information in a database on our computers. Our computers have security measures (such as a firewall and password protections) in place to protect against the loss, misuse, and alteration of the information under our control. Not withstanding such measures, we do not guarantee that these security measures will prevent our computers from being illegally accessed, and the Information on them stolen or altered.
Please be advised that, although we take reasonable technological precautions to protect your Information, no transmission over the internet can be guaranteed to be 100% secure and we cannot warrant that your Information will be absolutely secure or free from unauthorized access by third parties, such as hackers. Any transmission of Information at or through our Site is at your own risk and your use of the Site demonstrates your assumption of this risk.
If users have any questions about the security at our Site, users can contact us at: firstname.lastname@example.org.
7. Correcting/Updating/Deleting/Deactivating Personal Information
If a user's Personal Information changes (such as zip code, phone, email or postal address), or if a user no longer desires our service, we provide a way to correct, update or delete/deactivate users' Personal Information. This can usually be done by contacting us at: email@example.com
8. Notification of Changes
9. Foreign use of the Site
To the extent that you are accessing the Site while domiciled outside of the United States, you acknowledge that the Information you are providing us is collected and stored in the United States and therefore consent to the transfer of information to and storage of the Information outside of your domiciled country and in the United States.
10. California User Consumer Rights
In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to firstname.lastname@example.org. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov.
11. CAN-SPAM Act
We are committed to proper Internet practices and full compliance with the CAN-SPAM Act of 2003 codified at 15 U.S.C. Sec. 7701 (the "Spam Act").
12. Contact Information