AGREEMENT BETWEEN USER AND dssohio.com (Digital
Satellite Solutions)
Digital Satellite Solutions Web Site is comprised of various Web sites and Web pages operated by
Digital Satellite Solutions or its
affiliates (collectively, the "Digital Satellite Solutions Web Sites").
Digital Satellite Solutions Web Sites are offered to you conditioned on your acceptance without modification of the terms,
conditions, and notices contained herein. Your use of the Digital
Satellite Solutions Web Sites constitutes your agreement to all such
terms, conditions, and notices. Your use of a particular Digital
Satellite Solutions Web Site included within the Digital Satellite
Solutions
Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms"). To go
directly to any of the Additional Terms, click on the link below:
Additionally, the Digital Satellite Solutions Web Sites may themselves contain additional terms, codes of conduct or guidelines that
govern use of those sites, including without limitation, particular features or offers (for example, sweepstakes or chat
areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms
and guidelines contained within any particular Digital Satellite
Solutions Web Site, then these terms shall control.
Click on the link below for the terms and conditions which govern these additional
Digital Satellite Solutions web sites and/or
services:
PRIVACY AND PROTECTION OF PERSONAL INFORMATION
See the Privacy Statement for disclosures relating to the collection and use of your
information.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
If a particular Digital Satellite Solutions Site/Service requires you to open an account, you must complete the registration process
by providing us with current, complete and accurate information as prompted by the applicable registration form. You then will
choose a password and an user name. You are entirely responsible for maintaining the confidentiality of your password and
account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to
notify Digital Satellite Solutions immediately of any unauthorized use of your account or any other breach of security.
Digital Satellite Solutions will not be liable for any loss that you may incur as a result of someone else using your password or account,
either with or without your knowledge. However, you could be held liable for losses incurred by
Digital Satellite Solutions or another
party due to someone else using your account or password. You may not use anyone else's account at any time, without the
permission of the account holder.
MODIFICATION OF THESE TERMS OF USE
Digital Satellite Solutions reserves the right to change the terms, conditions, and notices under which the
Digital Satellite Solutions
Sites/Services are offered, including but not limited to the charges associated with the use of the
Digital Satellite Solutions
Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on
particular websites. Your continued use of the Digital Satellite
Solutions Sites/Services constitutes your agreement to all such
terms, conditions, and notices.
PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, the Digital Satellite Solutions Sites/Services are for your personal and non-commercial use. You may not
modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or
sell any information, software, products or services obtained from the
Digital Satellite Solutions Sites/Services.
LINKS TO THIRD PARTY SITES
The Digital Satellite Solutions Sites/Services may contain links to third party Web sites ("Linked Sites"). The Linked Sites are not
under the control of Digital Satellite Solutions, CCV Media and
dssohio.com
are not responsible for the contents of any Linked Site,
including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.
Digital Satellite Solutions is not responsible for web casting or any other form of transmission received from any Linked Site nor is
Digital Satellite Solutions responsible if the Linked Site is not working appropriately.
Digital Satellite Solutions is providing these links to you
only as a convenience, and the inclusion of any link does not imply endorsement by
Digital Satellite Solutions of the site or any
association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted
at the Linked Sites.
Any dealings with third parties (including advertisers) included within the
Digital Satellite Solutions Sites/Services or
participation in promotions, including the delivery of and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with such dealings or promotions, are solely between you and the
advertiser or other third party. Digital Satellite Solutions shall not be responsible or liable for any part of any such dealings or
promotions.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Digital Satellite Solutions Sites/Services, you will not use the
Digital Satellite Solutions Sites/Services
for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the
Digital Satellite Solutions Sites/Services in any manner which could damage, disable, overburden, or impair any
Digital Satellite Solutions Site/Service(s)
(or the network(s) connected to any Digital Satellite Solutions Site/Service(s)) or interfere with any other party's use and enjoyment
of any Digital Satellite Solutions Site/Service(s). You may not attempt to gain unauthorized access to any
Digital Satellite Solutions
Site/Service, other accounts, computer systems or networks connected to any
Digital Satellite Solutions Site/Service, through hacking,
password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available through the Digital Satellite Solutions Sites/Services.
USE OF SERVICES
Digital Satellite Solutions Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums,
communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities
designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication
Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular
Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will
not:
Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or
any duplicative or unsolicited messages (commercial or otherwise).
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of
others.
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or
unlawful topic, name, material or information.
Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
Upload files that contain viruses, Trojan horses, worms, time bombs,
cancel bots, corrupted files, or any other similar
software or programs that may damage the operation of another's computer or property of another.
Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service
specifically allows such messages.
Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be
legally distributed in such manner.
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin
or source of software or other material contained in a file that is uploaded.
Restrict or inhibit any other user from using and enjoying the Communication Services.
Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
Harvest or otherwise collect information about others, including e-mail addresses.
Violate any applicable laws or regulations.
Create a false identity for the purpose of misleading others.
Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an
Digital Satellite Solutions Site/Service(s) or other user or usage information or any portion thereof.
Digital Satellite Solutions has no obligation to monitor the Communication Services. However,
Digital Satellite Solutions reserves the right
to review materials posted to a Communication Service and to remove any materials in its sole discretion.
Digital Satellite Solutions
may at any time monitor, record, or store any activity of any user or member while using the
Digital Satellite Solutions
Site/Services, without their knowledge or consent. Digital
Satellite Solutions reserves the right to terminate your access to
any or all of the Communication Services at any time, without notice, for any reason whatsoever.
Digital Satellite Solutions reserves the right at all times to disclose any information as
Digital Satellite Solutions deems necessary to
satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any
information or materials, in whole or in part, is Digital Satellite
Solutions's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication
Service. Digital Satellite Solutions does not control or endorse the content, messages or information found in any Communication
Service and, therefore, Digital Satellite Solutions specifically disclaims any liability with regard to the Communication Services and
any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized
Digital Satellite Solutions spokespersons, and their views do not necessarily reflect those of
Digital Satellite Solutions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or
dissemination, you are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO dssohio.com OR POSTED AT ANY DSS WEB SITE
Digital Satellite Solutions does not claim ownership of the materials you provide to
Digital Satellite Solutions (including feedback and
suggestions) or post, upload, input or submit to any Digital Satellite
Solutions Site/Service or its associated services for review by
the general public (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing
or submitting your Submission you are granting Digital Satellite
Solutions, its affiliated companies and necessary
sub licensees
permission to use your Submission in connection with the operation of their Internet businesses including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your
Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
Digital Satellite Solutions is under no
obligation to post or use any Submission you may provide and Digital
Satellite Solutions may remove any Submission at any time in its
sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise
control all of the rights to your Submission as described in this section including, without limitation, all the rights
necessary for you to provide, post, upload, input or submit the Submissions.
SOFTWARE AND CONTENT AVAILABLE THROUGH THE Digital Satellite
Solutions SITES/SERVICES
All content and software (if any) that is made available to view and/or download in connection with
Digital Satellite Solutions
Sites/Services, excluding content and/or software that may be made available by end-users through a Communication Service,
("Software") is owned by and is the copyrighted work of
Digital Satellite Solutions Corporation and/or its suppliers and is protected
by copyright laws and international treaty provisions. Your use of the Software is governed by the terms of the end user
license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or
use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.
For any Software not accompanied by a license agreement, Digital
Satellite Solutions Corporation hereby grants to you, the user, a
revocable personal, non-transferable license to use the Software for viewing and otherwise using the particular
Digital Satellite Solutions Site/Service in accordance with these Terms of Use, and for no other purpose provided that you keep intact all
copyright and other proprietary notices. Any reproduction or redistribution of the content and/or Software is expressly
prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent
possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE CONTENT OR SOFTWARE TO ANY OTHER SERVER OR LOCATION
FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. You acknowledge that the Software, and any accompanying
documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree
not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH
Digital Satellite Solutions SITES/SERVICES MAY
INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE
Digital Satellite Solutions SITES/SERVICES AND TO
THE INFORMATION THEREIN. Digital Satellite Solutions AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN
Digital Satellite Solutions SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA
Digital Satellite Solutions SITES/SERVICES SHOULD NOT BE RELIED UPON FOR
PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE
TAILORED TO YOUR SITUATION.
Digital Satellite Solutions CORPORATION AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED WITHIN Digital Satellite
Solutions SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND.
Digital Satellite Solutions
AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.
YOU SPECIFICALLY AGREE THAT Digital Satellite Solutions SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH
AN Digital Satellite Solutions SITE/SERVICE. YOU SPECIFICALLY AGREE THAT
Digital Satellite Solutions IS NOT RESPONSIBLE OR LIABLE FOR ANY
THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S
RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT
Digital Satellite Solutions IS NOT RESPONSIBLE FOR ANY
CONTENT SENT USING AND/OR INCLUDED IN AN Digital Satellite Solutions SITE/SERVICE BY ANY THIRD PARTY.
IN NO EVENT SHALL Digital Satellite Solutions AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF
Digital Satellite Solutions SITES/SERVICES, WITH THE DELAY OR
INABILITY TO USE Digital Satellite Solutions SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH
Digital Satellite Solutions SITES/SERVICES, OR
OTHERWISE ARISING OUT OF THE USE OF Digital Satellite Solutions SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Digital Satellite Solutions OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF
Digital Satellite Solutions
SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING
Digital Satellite Solutions
SITES/SERVICES.
GENERAL TERMS REGARDING USE AND STORAGE
You agree that Digital Satellite Solutions may establish limits concerning use of any service offered on an
Digital Satellite Solutions
Website, including without limitation, the maximum number of days that e-mail messages will be retained by the service, the
maximum number of e-mail messages that may be sent from or received by an account on the service, the maximum size of an
e-mail message that may be sent from or received by an account on the service, the maximum disk space that will be allotted on
Digital Satellite Solutions servers on your behalf, and the maximum number of times and duration you may access the service in a
given period of time.
You agree that Digital Satellite Solutions has no responsibility or liability for the deletion, corruption or failure to store any
messages or other content maintained or transmitted by the service. You acknowledge that
Digital Satellite Solutions reserves the
right to delete accounts or email addresses that are inactive for an extended period of time.
Digital Satellite Solutions & CCV Media MAKES NO WARRANTY THAT ANY SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
SERVICE CONTACT: SupportTeam@ccvmedia.com
TERMINATION/ACCESS RESTRICTION
Digital Satellite Solutions reserves the right, in its sole discretion, to terminate your access to any or all
Digital Satellite Solutions
Sites/Services and the related services or any portion thereof at any time, without notice.
Digital Satellite Solutions may also terminate or suspend your access to
Digital Satellite Solutions Site/Service(s) for inactivity, which is
defined as failing to log into a particular service for an extended period of time, as determined by
Digital Satellite Solutions. The
amount of time that Digital Satellite Solutions currently considers as an "extended" period of time may be viewed in the FAQ relating
to the particular service. Upon termination of Digital Satellite
Solutions Site/Service, your right to use Digital Satellite Solutions
Site/Service immediately ceases.
Digital Satellite Solutions shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any
third party.
NO SPAM; DAMAGES
Digital Satellite Solutions will immediately terminate any account which it believes, in its sole discretion, is transmitting or is
otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to
quantify, if actual damages cannot be reasonably calculated then you agree to pay
CCV Media liquidated damages of $10
(US Currency) for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account,
otherwise you agree to pay Digital Satellite Solutions' actual damages, to the extent such actual damages can be reasonably
calculated.
LANGUAGE
It is the express will of the parties that this agreement and all related documents have been drawn up in English. C'est la
volonté expresse des parties que la présente convention ainsi que les documents qui s'y rattachent soient rédigés en anglais.
GENERAL
This agreement is governed by the laws of the State of Ohio, U.S.A. You hereby irrevocably consent to the exclusive
jurisdiction and venue of courts in Summit County, Ohio, U.S.A. in all disputes arising out of or relating to the use
of Digital Satellite Solutions Sites/Services. Use of Digital Satellite
Solutions Sites/Services is unauthorized in any jurisdiction that does
not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that
no joint venture, partnership, employment, or agency relationship exists between you and
Digital Satellite Solutions as a result of
this agreement or use of Digital Satellite Solutions Sites/Services. You agree to indemnify and hold
Digital Satellite Solutions, its parents,
subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys'
fees, asserted by any third party due to or arising out of your use of or conduct on
Digital Satellite Solutions Sites/Services. Digital Satellite Solutions reserves the right to disclose any personal information about you or your use of
Digital Satellite Solutions
Sites/Services, including its contents, without your prior permission if
Digital Satellite Solutions has a good faith belief that such
action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or
property of Digital Satellite Solutions or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests
of its members or others. Digital Satellite Solutions performance of this agreement is subject to existing laws and legal process,
and nothing contained in this agreement is in derogation of Digital
Satellite Solutions' right to comply with governmental, court and
law enforcement requests or requirements relating to your use of
Digital Satellite Solutions Sites/Services or information provided to
or gathered by Digital Satellite Solutions with respect to such use. If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set
forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most
closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless
otherwise specified herein, this agreement constitutes the entire agreement between the user and
Digital Satellite Solutions with
respect to Digital Satellite Solutions Sites/Services and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between the user and Digital
Satellite Solutions with respect to Digital Satellite Solutions
Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial
or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions
as other business documents and records originally generated and maintained in printed form.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real
company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to
Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
FOR INFORMATION REGARDING OUR PRIVACY STATEMENTCLICK HERE.
ADDITIONAL TERMS
You are responsible for maintaining the confidentiality of your password and account. You are fully responsible for all
activities that occur using your password or account. Please notify
Digital Satellite Solutions immediately of any unauthorized use of
your password or account or any other breach of security. Digital
Satellite Solutions will not be liable for any loss that you may
incur as a result of someone else using your password or account, either with or without your knowledge. You may not use
anyone else's password at any time.
