What information do we
collect?
We
collect information from you when you register on our site, place an
order, fill out a form or Technical Support Request.
When
ordering or registering on our site, as appropriate, you may be asked
to enter your: name, e-mail address, mailing address, phone number or
credit card information. You may, however, visit our site
anonymously.
What
do we use your information for?
Any
of the information we collect from you may be used in one of the
following ways:
• To personalize your experience
(your
information helps us to better respond to your individual needs)
•
To improve our website
(we continually strive to improve our
website offerings based on the information and feedback we receive
from you)
• To improve customer service
(your information
helps us to more effectively respond to your customer service
requests and support needs)
• To process transactions
Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
• To send periodic emails
The email address you provide for order processing, will only be used to send you information and updates pertaining to your order.
If you
decide to opt-in to our mailing list, you will receive emails that
may include company news, updates, related product or service
information, etc.
Note: If at any time you would like to
unsubscribe from receiving future emails, we include detailed
unsubscribe instructions at the bottom of each email.
How
do we protect your information?
We
implement a variety of security measures to maintain the safety of
your personal information when you place an order or access your
personal information.
We offer the use of a secure server.
All supplied sensitive/credit information is transmitted via Secure
Socket Layer (SSL) technology and then encrypted into our Payment
gateway providers database only to be accessible by those authorized
with special access rights to such systems, and are required
to�keep the information confidential.
After a
transaction, your private information (credit cards, social security
numbers, financials, etc.) will not be stored on our servers.
Do
we use cookies?
We
do not use cookies.
Do
we disclose any information to outside parties?
We
do not sell, trade, or otherwise transfer to outside parties your
personally identifiable information. This does not include trusted
third parties who assist us in operating our website, conducting our
business, or servicing you, so long as those parties agree to keep
this information confidential. We may also release your information
when we believe release is appropriate to comply with the law,
enforce our site policies, or protect ours or others rights,
property, or safety. However, non-personally identifiable visitor
information may be provided to other parties for marketing,
advertising, or other uses.
California
Online Privacy Protection Act Compliance
Because
we value your privacy we have taken the necessary precautions to be
in compliance with the California Online Privacy Protection Act. We
therefore will not distribute your personal information to outside
parties without your consent.
Childrens
Online Privacy Protection Act Compliance
We
are in compliance with the requirements of COPPA (Childrens Online
Privacy Protection Act), we do not collect any information from
anyone under 13 years of age. Our website, products and services are
all directed to people who are at least 13 years old or older.
Terms
and Conditions
Please read our Terms and Conditions section below establishing the use,
disclaimers, and limitations of liability governing the use of our
website and services.
Your
Consent
By
using our site, you consent to this privacy policy.
Changes
to our Privacy Policy
If
we decide to change our privacy policy, we will update the Privacy
Policy modification date below.
This policy was last modified
on March 11, 2010
Contacting
Us
If there
are any questions regarding this privacy policy you may contact us
using the information below.
www.secursat.com/Contact_Secursat.html or send email to: info@secursat.com
SECURSAT Terms of Service
The following terms and conditions of service (the “Terms”) govern your use of the Services. Any current Secursat document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the “Materials”) together with these Terms constitute our agreement with you (the “Service Agreement”). If there is any inconsistency between the Materials and these Terms, these Terms will prevail. No sales representative, dealer, agent, officer or employee of Secursat has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you.
Throughout this document:
us, we, and our means Secursat;
Service or Services means any or all of the satellite services, Internet services, messaging services or other services that you subscribe to under the Service Agreement or receive from or through Secursat.
Equipment means any device or equipment provided by Secursat for use with the Services.
Your account information may, from time to time, be disclosed to other members of the Secursat organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by Secursat that may interest you. If you do not wish to receive offers or information from Secursat, please contact Secursat customer support at the address set out below.
Unless otherwise specified in the Service Agreement, we may change, at any time, any charges, features, content, programming, structure or any other aspects of the Services, as well as any term or provision of the Service Agreement, upon notice to you. If you do not accept a change to the Services, your sole remedy is to terminate the Service Agreement and the Services provided under the Service Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 31. If you do not accept a change to these Terms, your sole remedy is to retain the existing Terms unchanged for the duration of the Commitment Period (as defined below), upon notice to us within 30 days of your receipt of our notice of change in the Terms.
By entering into the Service Agreement, you:
authorize Secursat to obtain information about your credit history and agree that Secursat may provide information to others about your credit experience with Secursat;
accept all provisions of the Service Agreement, including those set forth in the Materials and these Terms;
agree to cause all persons who use Services under your account or with your authorization to comply with the Service Agreement;
acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
acknowledge that you have received and had the opportunity to review a copy of the Service Agreement, including the Materials and these Terms;
confirm that the information you have provided to us is up-to-date and accurate; and
agree to notify us of any change in your information.
Charges; Account and Payment Information
1. Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier (the “Activation Date”).
2. Unless otherwise agreed to by you and us, we will bill you monthly. We may bill you, however, for a charge up to six months from the date the charge was incurred.
3. You are liable for all charges to your account. Charges to your account are due and payable in full from the date of your invoice or statement.
4. If payment of an amount due on your account is not received by us by the required payment date specified by us, it will be considered a delinquent amount and will be subject to a late payment charge of 2% per month, calculated and compounded monthly on the delinquent amount (26.82% per year) from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges, on your account to your credit card, bank account or any other payment method pre-authorized by you for payment of our charges.
5. Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the following:
collection efforts due to non-payment or having a balance over your credit limit, including unbilled usage and pending charges, fees and adjustments;
returned or rejected payments;
change of any identifier (e.g., phone number); and
restoration of the Service.
6. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date of our invoice or other statement. Failure to notify us within this time period will constitute your acceptance of such charges.
7. Unless otherwise set out in the Materials, if you agree to subscribe to one of our plans or Services for a committed period of time (the “Commitment Period”), you may be subject to an early cancellation fee (“ECF”) for each Service. Any decrease in your Commitment Period may be subject to a fee. If your Service is terminated prior to the end of the Commitment Period, you will pay us an ECF as specified in the Service Agreement, plus taxes.
8. Changes to your account (e.g., price plan, features or identifiers) will not take effect until after your next billing date.
Deposit; Credit Requirements
9. We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. You will not earn any interest on any deposits or other payments held by us. If your Service is terminated, we will apply any deposits or other payments against the outstanding final balance on your account.
10. Upon notice to you, we may assign, change or remove a credit limit on your account at any time. Service may be suspended, at any time, to any and all of your accounts, if your balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit. Recurring service charges continue to apply during any suspension of Services.
Identifiers
11. You do not own any identifier (e.g., account name, IP or Web page address; ESN, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.
Acceptable Use
12. You may not resell the Services, receive any charge or benefit for the use of the Services or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.
13. From time to time, we may establish policies, rules and limits (together, the “Policies”) concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies. We will provide you with notice of the Policies and of changes to the Policies. A copy of this Terms of Service Policy is available on this page (www.secursat.com/Privacy_and_Service.html)
14. When using the Services, the Equipment or any products, content, applications or services used in conjunction with the Services or Equipment, you must comply with all applicable laws and our Policies.
We may suspend or terminate your Services, and the Service Agreement, without notice to you, if you engage in one or more of the activities prohibited by our Policies. In addition, you may be charged for any costs incurred by us in connection with your breach of the terms of this Section, including costs incurred to enforce your compliance.
15. We reserve the right to restrict, change, suspend or terminate your Service by any means if your access, use or connection to the Services, Equipment or our facilities is impairing or adversely affecting our operation or the use of our Services or facilities by others.
Content
16. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services or the Equipment. We may also access or preserve content or information to comply with legal process in the U.S.A., Canada or foreign jurisdictions, operate the Services, ensure compliance with the Service Agreement or any Policies, or protect ourselves, our customers or the public.
Equipment
17. Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:
you will take reasonable care with such Equipment;
you may not sell, lease, mortgage, transfer, assign or encumber such Equipment;
you may not re-locate such Equipment without our knowledge and permission; and
you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment related.
If such Equipment is lost, stolen, damaged, sold, leased, mortgaged, transferred, assigned, encumbered or not returned, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us in seeking possession of such Equipment.
18. You authorize us and our representatives to enter or have access to your premises as necessary at mutually agreed upon times to install, maintain, inspect, repair or remove the Equipment or to maintain, investigate, protect, modify or improve the operation of our Services or our facilities.
19. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services. Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
20. You must immediately notify us, at the point of contact specified below, if your Equipment is lost, stolen or destroyed. Should you then wish to terminate your Services, your obligations under the Service Agreement, including the ECF, will apply.
Software
21. Any software and accompanying documentation we provide to you remains our property or that of our licensors. You will take reasonable steps to protect such software or documentation from theft, loss or damage. You must review and agree to the applicable end user license agreement before installing or using the software or documentation. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of the Service Agreement.
No Warranties; Limitations on our Liability
22. You acknowledge and understand that the Services or access to the Services, may not function correctly, or at all, in the following circumstances:
if your Equipment fails, is not configured correctly or does not meet Secursat's requirements;
in the event of a network outage or extended power failure;
if you tamper with or, in some cases, move the Equipment; or
following suspension or termination of your Services or account.
23. To the maximum extent permitted by applicable law:
neither Secursat nor any of its suppliers or partners guarantees or warrants the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering connections or networks; and
neither Secursat nor any of its suppliers or partners makes any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from Secursat, our agents, dealers or representatives, creates any term, condition, representation or warranty not expressly stated in the Service Agreement.
You are solely responsible for the following matters:
any access to the Equipment;
maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or network; and
protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
24. Unless otherwise specifically set out in the Service Agreement, to the maximum extent permitted by applicable law, neither Secursat nor any of its suppliers or partners will be liable to you or to any third party for:
• any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue; financial loss; loss of business opportunities; property loss; breach of privacy or security; personal injury; death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
the denial, restriction, blocking, disruption or inaccessibility of any Services, Equipment or identifiers (including telephone numbers);
any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on Secursat's liability set out elsewhere in the Service Agreement and apply to any act or omission of Secursat, its suppliers, partners, and their respective employees, officers, directors, agents and representatives, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.
Term; Suspension; Termination
25. The term of the Service Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of the Service Agreement or applicable law.
26. Unless otherwise permitted by applicable law:
you may terminate all or any part of your Services upon no less than 30 days advance notice by contacting Secursat at the appropriate points of contact specified in these Terms; and
Secursat may terminate all or any part of your Services or accounts upon no less than 30 days advance notice to you at your billing address.
Applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later. An ECF may apply as set out in Section 8.
27. We may restrict, block, suspend or terminate any or all of your Services or accounts, or identifiers in any way, without notice or liability to you, if:
you are in breach of the Service Agreement, including non-payment of your charges or non-compliance with any Policies;
you exceed reasonable usage limits, as determined by us;
you have given us false, misleading or outdated information;
we reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services or facilities by others;
you harass, threaten or abuse us or our employees or agents;
you fraudulently or improperly seek to avoid payment to us;
bankruptcy or insolvency proceedings are instituted by or against you;
any account or service on which your Services depend is terminated for any reason; or
we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
28. If we restrict, suspend, block or terminate your Services or accounts:
you must pay any amounts owing;
we may also suspend, block or terminate, without notice or liability, your Services under any other agreement or account that you may have with us (including accounts that may be in good standing);
Intellectual Property
29. All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by Secursat. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of Secursat.
General
30. The Service Agreement, as amended from time to time, constitutes the entire agreement between you and Secursat for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. The respective obligations of Secursat, its suppliers, and partners are several and not joint. If any portion of the Service Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Service Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Service Agreement. The Service Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Secursat’s respective successors and assigns. You may not assign or transfer the Service Agreement without our prior consent. We may assign or transfer the Service Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 7, 22, 23, 24, 26, 27, 28, 29, 30, 31, and 33 survive termination of the Service Agreement.
Governing Law
31. The Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario.
How to Contact Us
32. To contact Secursat regarding our Services: call 1-877-225-2555, send email to info@secursat.com or go online at www.secursat.com/Contact_Secursat.html.
33. Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.