December, 2004
ISAT Communications Member Agreement
Welcome to ISAT Communications. This Member Agreement (the "Agreement") explains the terms and conditions governing your use of the ISAT Communications Service, technology, and any other content available with the ISAT Communications Service. By checking the box and clicking the "I have read and agree to the Member Agreement" button on the purchase page, you accept these terms and conditions and acknowledge that the ISAT Communications Service is subject to certain limitations set forth below. If you do not wish to accept this agreement, do not proceed with the purchase. By registering as a Member of ISAT Communications, you agree to use the ISAT Communications Service in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below.
1. Services
(a) Membership to the ISAT Communications Service provides registered members (each a "Member") with the package of content, tools, and services described below ("ISAT Communications Service(s)"). Among other things, Members may use the technology available throughout the ISAT Communications Service ("Technology") to create their Video Material ("Video Material"). In this way, each Member will be a part of the ISAT Communications network. You understand and agree that ISAT Communications may, at its discretion, add or delete any features included as a part of ISAT Communications Service or Technology at any time.
(b) ISAT Communications Services and Technology: You will be able to use the Technology incorporated in the ISAT Communications Service to build and maintain your Video Materials. ISAT Communications provides the following Standard Service and reserves the right to alter such Standard Service, at its sole discretion. Specifically, ISAT Communications Standard Service allows your use of certain functionalities: recorded and live audio and video (Video Material) via our browser-based application, integrating certain communication tools along with the Video Material, utilizing certain distribution and email services, and gathering information regarding your Video Materials using reporting tools. ISAT Communications may offer other tools and services which are not part of the Standard Service.
(c) Use of the Services and Software License: During the time you receive the Service (the Term) and subject to the provisions of this Agreement, ISAT Communications grants to you a personal, nonsublicensable, nonexclusive license to use the Service, including certain software, documentation and related materials (the Software ) provided. The Software is deemed to be a part of the Service and is subject to all the disclaimers, limitations and restrictions herein relating to the Service.
(d) Equipment: You acknowledge and understand that in order to receive the Service, you must supply certain equipment, including a computer that meets the technical specifications and requirements set forth at system requirements, a web camera, as described at web camera requirements, and any equipment required to enable a high speed Internet connection.
2. Restrictions and Description of Prohibited Acts
(a) You may not use the ISAT Communications Service, the Technology, or the Video Material to, including, but not limited to: (i) Display material containing pornographic material of any kind; (ii) Provide material that is grossly offensive to the ISAT Communications network online community, including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity or post any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content; (iii) Sell or promote any products or services that are unlawful in the location at which the content is posted or received; (iv) Introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (v) Display material that exploits, or otherwise exploit children under 18 years of age; (vi) Post any content or otherwise infringe in any way or violate any copyright, patent, trademark, service mark, trade name, trade secret or other intellectual property right of any third party; (vii) Promote, solicit or participate in pyramid schemes; (viii) Post any content that holds ISAT Communications up to public scorn or ridicule; (ix) Engage in any libelous, defamatory, scandalous, threatening, harassing activity; (x) Post or disclose any personally identifying information or private information about children or any third parties without their consent (or their parents consent in case of a minor); and/or (xi) Post any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence. (xii) rent, sell, lease or use the Software for timesharing or service bureau purposes or for the benefit or any third party. You shall maintain and shall not remove or obscure any proprietary notices on the Software and shall reproduce such notices exactly on all permitted instances of the Software.
(b) You agree that without the express consent of ISAT Communications (and showing proof of the appropriate licenses where necessary or appropriate), you will never provide, sell or offer to sell the following products or content (or services related to the same) on the Video Material you create: pharmaceutical or any other controlled substances, illegal drugs; illegal drug contraband; pirated computer programs; pornography; programs to "nuke" or create attacks against another individual or an Internet service provider; illegal goods; escort services; instructions on how to assemble or otherwise make bombs, grenades or other weapons; information used to circumvent manufacturer-installed copy-protect devices; or computer software viruses or software designed to create a virus.
(c) You also agree that you will never promote or provide instructional information about: illegal activities, activities which can lead to physical harm to any group or individual, or any activities which lead to cruelty to animals. You may not use the ISAT Communications Service, Technology, or Video Material in any high-risk activities where damage or injury to persons, property, environment or business may result if an error occurs.
YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE.
(d) You agree that you will not (and you will not allow any third party to) partake in the following actions: reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of the Technology; deleting or altering author attributes or copyright notices, unless expressly permitted in writing by the author or owner; and/or fail to obtain all required permissions when using the ISAT Communications Service or Technology to receive, upload, download, display, distribute, or execute programs or perform other works protected by intellectual property laws including copyright and patent laws.
3. Payment Terms
(a) ISAT Communications reserves the right at its sole discretion and as it deems appropriate to add or remove certain services it offers and change its fees for any services in accordance with Section 4. However, charges may apply for certain commerce capabilities, and Value Added Services (VAS). For access to and use of such merchant services and VAS, you agree to pay all fees and charges specified. ISAT Communications asks that you provide us with your credit card information for payment, and all charges you incur for use of the ISAT Communications Service will be charged to the credit card number you provide. If ISAT Communications does not receive payment from the card issuer, you agree to pay ISAT Communications all amounts due upon demand.
(b) You agree to notify ISAT Communications immediately if you suspect unauthorized use of the ISAT Communications Services, your credit card or your password. Under the fair Credit Billing Act, your credit card provider cannot hold you liable for more than $50.00 of fraudulent charges. Subject to the following, if your credit card provider holds you liable for any of this $50.00, ISAT Communications will cover your entire liability up to the full $50.00. ISAT Communications will only cover this liability if the unauthorized use of your credit card is solely a result of a negligent act or omission by ISAT Communications, and only for purchases made at ISAT Communications while using the secure server. In the event of an unauthorized use of your credit card, you must notify your credit card provider in accordance with its reporting rules and procedures.
(c) You agree to pay any taxes, including personal property taxes or sales taxes, resulting from your use of the ISAT Communications Services. You agree to pay all attorney and collection fees arising from our efforts to collect any past due amounts from you to the extent allowed by law.
4. Changes to the Terms and Conditions
ISAT Communications may at any time, with notice of not less than thirty (30) days, change its fees and change the terms of this Agreement. Except for the addition of new tools and services, ISAT Communications will also give reasonable notice before any modification of the then current ISAT Communications Service which could change your Video Material. ISAT Communications may, in its discretion, supplement such notice by sending you an e-mail or by putting a pop-up notice on your screen when you access the ISAT Communications Service, or by sending you a letter. If you find any change to be unacceptable, you are free to terminate this agreement by following the steps described in Section 8. Your use of the ISAT Communications Service after the effective date of a change constitutes your continued acceptance of the terms of this agreement, the ISAT Communications Service and its fee schedule.
5. Advertising
ISAT Communications may rely on the support of its sponsors and advertisers to help fund the services it offers its Members. Accordingly, ISAT Communications reserves the right to serve ads as it deems appropriate on and along side the ISAT Communications Service where Members will administer their Video Material, but ISAT Communications shall not place third party advertising on Video Materials.
6. Information About You and Your Business
(a) ISAT Communications is committed to protecting your privacy. ISAT Communications will never willfully sell for consideration personally identifiable information about you or your business to any third party other than as specified in section 6(c) without first receiving your permission and all uses of any personally identifiable information about you or your business will be subject to our Privacy Policy available at http://www.ISATCommunications.com/privacy
(b) In order to protect you, ISAT Communications uses state of the art technology to protect your data from unauthorized third parties. Currently ISAT Communications uses Secure Socket Layer Software (SSL) to protect your data and secure your transactions. SSL encrypts all your personal information, including your credit card number, name, and address as it is transmitted over the Internet.
(c) IMPORTANT!!! Notwithstanding the forgoing, by clicking the "Yes, I have read and agree to the terms and conditions" button, you hereby expressly agree that ISAT Communications may use for promotion Member product and service information and personally identifiable information publicly available on the public Video Material to our web services partners, and create a database of publicly available information about you or your business to our partners. Public information means information available to the public via your public Video Material or website, and may include the following: information about the products or services you offer through your Video Material, your operating hours, your business address, your URL, your business contact information, and other similar information. In no event, however, will ISAT Communications disclose certain information such as usage data, your credit card number or bank account number.
7. ISAT Communications rights
Video Material Content Changes. ISAT Communications reserves the right to make changes to Member Video Material upon written request to Customer Support to do so, such as through email, or upon breach of any of the provisions of this Agreement by providing you notice of such breach and reasonable time, determined by ISAT Communications at its sole discretion, to rectify infringing provisions. If after such time has expired the Member's Video Material does not conform to ISAT Communications's satisfaction, ISAT Communications may make changes to the content of Member Video Material to bring it to compliance with this Agreement. Member agrees not to hold ISAT Communications liable for any foreseeable, unforeseeable, direct, or indirect consequences that may result from changes made by Customer Support to Member's Video Material in response to the Member request to do so or in response to a Video Material that breaches this Agreement. ISAT Communications's decisions are final and binding. Notwithstanding the above, ISAT Communications also reserves the right to discontinue any or all aspects of the ISAT Communications Service for any breach of this Agreement.
8. Term/Termination/Refunds
Due to the nature of our product, ISAT Communications considers all sales final. Refunds (if any) for purchases made through ISAT Communications may be made at the sole discretion of ISAT Communications. Refunds are considered ONLY for cases in which a service or product of ISAT Communications fails to perform according to its explicitly stated specifications.
(a) Term. This agreement shall be effective upon when you choose the "Yes, I have read and agree to the Member Agreement" button and shall continue unless and until terminated under this Section 8.
(b) Termination by ISAT Communications. (i) ISAT Communications may at any time without notice to you discontinue any or all aspects of the ISAT Communications Service or restrict your use of the ISAT Communications Service in whole or in part for any breach of this Agreement by you; or if ISAT Communications determines in its sole and exclusive judgment that terminating your use of the ISAT Communications Service is necessary for security reasons or for proper continued operation of the ISAT Communications Service; or your use of ISAT Communications Service or Technology is not for legitimate business purposes, or your use of the ISAT Communications Service violates any laws or regulation; or if ISAT Communications receives information that the ISAT Communications Service or your use of the ISAT Communications Service (or any part thereof) may violate any third party right.
(ii) ISAT Communications may at any time with thirty (30) days notice to you, modify or discontinue any or all aspects of the ISAT Communications Service or restrict your use of the ISAT Communications Service in whole or in part for ISAT Communications's convenience.
(iii) ISAT Communications may at any time with notice to you, modify or discontinue any or all aspects of the ISAT Communications Service if the credit card number you provide ISAT Communications expires, or if ISAT Communications is unable to charge valid charges to that credit card number, or you otherwise fail to make payments due to ISAT Communications hereunder.
(iv) Upon termination of this Agreement, all rights granted to you under this Agreement shall terminate immediately. If ISAT Communications
terminates this Agreement or suspends your access to the ISAT Communications Service, you will remain liable for the full membership charge for the term during which we terminate or suspend your ISAT Communications Service. Following such termination or suspension, you agree not to re-register for, or otherwise access, the ISAT Communications Services without ISAT Communications's prior written approval. ISAT Communications reserves the right to delete any data files associated with your use of the ISAT Communications Service upon termination of this Agreement.
(c) Termination by You. You may terminate this Agreement immediately for any reason at any time by terminating your account within the ISAT Communications Account Manager Feature or by sending an email to support@ISATCommunications.com. You will remain liable for the full purchase price of your ISAT Communications Membership, and for any and all usage based fees through the effective date for termination of this Agreement.
9. Indemnification
You agree to indemnify ISAT Communications and hold ISAT Communications harmless against any and all liabilities, cost and expenses, including attorney's fees related to or arising from: (i) your use of the ISAT Communications Service in a way that is prohibited or restricted under this agreement; (ii) infringement of any copyright, trademark, intellectual property or other right or patent by any material you post or use on your Video Material; (iii) any breach by you of this agreement; and/or (iv) any indecent obscene, or libelous material posted in your Video Material.
10. Reporting Violations
ISAT Communications does randomly monitor the content of Video Materials, and will investigate complaints of a violation of a third party rights. Violations or infringement of a third party copyright, other intellectual property right or other right will be dealt with in accordance with the ISAT Communications Policy. ISAT Communications random monitoring is initiated with the purpose of understanding and improving member use of the ISAT Communications Service(s).
11. Proprietary Rights
As between the parties, ISAT Communications acknowledges that it claims no proprietary rights in Member's content or any intellectual property right contained therein. Your content can include but is not limited to text, music, sound, photographs, and graphics supplied by you to ISAT Communications for use on your Video Material. As between the parties, you acknowledge and agree that ISAT Communications and its licensors own all right, title, and interest in: (a) the ISAT Communications Service; (b) the Technology available on the ISAT Communications Service; (c) and, except for content supplied by you for use in your Video Material, all content, including but not limited to text, music, sound, photographs, graphics or other material contained or maintained on the ISAT Communications Service (collectively "Content"). In addition, you agree that the Content and Technology available on the ISAT Communications Service is protected by US and international copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, you are only permitted to use this Content and Technology as expressly authorized by ISAT Communications or its Licensors. You also understand and agree that the compilation, collection, selection, arrangement, assembly, and coordination of all Content available on the ISAT Communications Service is the exclusive property of ISAT Communications and its licensors and protected by US and international copyright laws. You agree that, except as expressly authorized by ISAT Communications, all the Content and Technology available on the ISAT Communications Service may only be used by you for your internal business and data gathering purposes. You may not make, use, sell, copy, reproduce, distribute, transmit, or create derivative works from this Content or Technology without expressly being authorized to do so by ISAT Communications.
12. Trademarks and Servicemarks
ISAT Communications and other pending and/or registered trademarks and servicemarks, and other graphics, logos and service names used by ISAT Communications on the ISAT Communications Service to identify the products or services of ISAT Communications (collectively the "ISAT Communications Trademarks") are the trademarks of ISAT Communications. You agree not to use the ISAT Communications Trademarks in connection with your products or services or any third party products or services or in any manner that disparages or discredits ISAT Communications. All other brands and names (including third party product names) used on the ISAT Communications Service are the property of their respective owners.
13. Limitation on Liability
(a) YOU ARE SOLELY RESPONSIBLE FOR THE PROPER CONDUCT OF YOUR BUSINESS AND ALL OTHER MATTERS UNDER YOUR CONTROL. REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, YOU AGREE THAT IN NO EVENT WILL ISAT COMMUNICATIONS, OUR AFFILIATES, CONTRACTORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OR LICENSORS, OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING ISAT COMMUNICATIONS SERVICE, TECHNOLOGY, OR CONTENT AVAILABLE ON THE ISAT COMMUNICATIONS SITE ("ISAT COMMUNICATIONS AFFILIATES"), BE LIABLE TO YOU IN ANY MANNER WHATSOEVER: (I) FOR ANY DECISION MADE OR ACTION OR NON-ACTION TAKEN BY YOU IN RELIANCE UPON THE INFORMATION PROVIDED THROUGH THE ISAT COMMUNICATIONS SERVICE; (II) FOR LOSS OR INACCURACY OF DATA OR, COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; (III) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES AND LOSS OF PROFITS, EVEN IF ISAT COMMUNICATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(b) THE AGGREGATE LIABILITY OF ISAT COMMUNICATIONS AND THE ISAT COMMUNICATIONS AFFILIATES, ARISING FROM OR RELATING TO THIS AGREEMENT (REGARDLESS OF THE FORM OF ACTION OR CLAIM) IS LIMITED TO ANY AMOUNTS YOU HAVE PAID TO ISAT COMMUNICATIONS DURING THE TERM OF THIS AGREEMENT FOR ANY ISAT COMMUNICATIONS SERVICE OR TECHNOLOGY.
(c) SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS OUR LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
(d) IN NO EVENT IS ISAT COMMUNICATIONS OR ANY ISAT COMMUNICATIONS AFFILIATE LIABLE FOR ANY DAMAGES ARISING FROM YOUR FAILURE TO PERFORM YOUR RESPONSIBILITIES IN CONNECTION WITH THIS AGREEMENT, OR ARISING FROM ANY CAUSE BEYOND ISAT COMMUNICATIONS'S CONTROL.
(e) THIS SECTION APPLIES TO ALL CLAIMS BY YOU IRRESPECTIVE OF THE CAUSE OF ACTION UNDERLYING YOUR CLAIM, INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT (EVEN IF IN THE NATURE OF A BREACH OF CONDITION OR A FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH), OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, STRICT LIABILITY, FRAUD, MISREPRESENTATION AND/OR OTHERWISE.
14. Warranties/Disclaimers
(a) ISAT Communications warrants that, if a member is dissatisfied in any way with the ISAT Communications Service, Technology or Content provided on or through the ISAT Communications Service, upon notice from you we will terminate the agreement, and upon your request, refund any unused portion of any fees you have paid for any current month or future services, when applicable, less any balances otherwise due to ISAT Communications. This is your sole and exclusive remedy for any breach of the above warranty.
(b) THE OPINIONS AND VIEWS EXPRESSED IN ANY MEMBER'S VIDEO MATERIAL DO NOT REFLECT THOSE OF ISAT COMMUNICATIONS AND ISAT COMMUNICATIONS DOES NOT REVIEW, VERIFY, ENDORSE OR OTHERWISE VOUCH FOR THE CONTENT OF ANY MEMBER'S VIDEO MATERIAL. ISAT COMMUNICATIONS IS NOT RESPONSIBLE FOR THE CONTENT OF ANY MEMBER'S HOME PAGE. MEMBERS ARE SOLELY RESPONSIBLE FOR EVERYTHING CONTAINED IN THEIR OWN VIDEO MATERIAL AND VIDEO MATERIAL. MEMBERS MAY BE HELD LEGALLY LIABLE FOR THE CONTENTS OF THEIR MEMBER VIDEO MATERIAL AND MAY BE HELD LEGALLY ACCOUNTABLE IF THEIR MEMBER VIDEO MATERIAL INCLUDES, FOR EXAMPLE, ANY DEFAMATORY COMMENTS OR MATERIAL PROTECTED BY COPYRIGHT, TRADEMARK, PATENT OR TRADE SECRET OR OTHER LAWS, WITHOUT THE EXPRESS PERMISSION OF THE AUTHOR OR OWNER.
(c) ISAT COMMUNICATIONS IS NOT RESPONSIBLE FOR THE DELIVERY OR QUALITY OF ANY GOODS OR SERVICES SOLD OR ADVERTISED THROUGH THE ISAT COMMUNICATIONS NETWORK OR THROUGH ANY ISAT COMMUNICATIONS AFFILIATES PROGRAM OR THROUGH THE MEMBER
VIDEO MATERIAL.
(d) EXCEPT FOR 14(a), ALL ISAT COMMUNICATIONS SERVICE, CONTENT, TECHNOLOGY PROVIDED IN ASSOCIATION WITH THE ISAT COMMUNICATIONS
SERVICE ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW AND EXCEPT AS SPECIFICALLY SET FORTH HEREIN, NEITHER ISAT COMMUNICATIONS NOR ISAT COMMUNICATIONS'S LICENSORS MAKE ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND WITH RESPECT TO THE ISAT COMMUNICATIONS SERVICE, CONTENT, TECHNOLOGY OR PRODUCTS THAT ISAT COMMUNICATIONS OR ITS LICENSORS OR ANY OTHER THIRD PARTY PROVIDES, AND ISAT COMMUNICATIONS AND ITS LICENSORS EXPRESSLY DISCLAIM ALL IMPLIED AND EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT WITH RESPECT TO THE SAME. WITHOUT LIMITING THE FORGOING, NO WARRANTY IS GIVEN THAT THE ISAT COMMUNICATIONS SERVICE OR TECHNOLOGY IS ERROR-FREE. ISAT COMMUNICATIONS AND ITS LICENSORS DISCLAIM ANY WARRANTY OF TITLE OR ANY OTHER WARRANTIES FOR ANY THIRD PARTY'S OFFERING(S) OR PRODUCT(S).
(e) ISAT COMMUNICATIONS DOES NOT GUARANTEE THAT ITS SECURITY PROCEDURES WILL PREVENT THE LOSS OF, ALTERATION OF, OR IMPROPER ACCESS TO, YOUR INFORMATION. ISAT COMMUNICATIONS AND ITS LICENSORS ARE NOT RESPONSIBLE FOR INVALID DESTINATIONS AND TRANSMISSION ERRORS IN, CORRUPTION OF, OR THE SECURITY OF YOUR INFORMATION CARRIED OVER INTEREXCHANGE CARRIERS', LOCAL EXCHANGE CARRIERS', OR OTHER PROVIDERS' FACILITIES.
(f) THE DOCUMENTS AND GRAPHICS APPEARING ON THE ISAT COMMUNICATIONS SERVICE MAY INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, AND OUT OF DATE INFORMATION, THEREFORE YOU EXPRESSLY ASSUME ALL RISK FOR SUCH USE OF THE ISAT COMMUNICATIONS SERVICE.
(g) ISAT COMMUNICATIONS MAY PROVIDE LINKS TO OTHER WEBSITES OR RESOURCES. YOU ACKNOWLEDGE AND AGREE THAT ISAT COMMUNICATIONS IS NOT RESPONSIBLE FOR THE AVAILABILITY OF SUCH EXTERNAL SITES OR RESOURCES, AND DOES NOT ENDORSE AND IS NOT RESPONSIBLE OR LIABLE FOR ANY CONTENT, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE FROM SUCH SITES OR RESOURCES. YOU ALSO AGREE THAT ISAT COMMUNICATIONS SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON SUCH EXTERNAL THIRD PARTY SITES.
15. Miscellaneous
(a) This Agreement shall be governed by and construed in accordance with US Federal and Illinois laws, excluding its conflict of law provisions. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. Any law or regulation that provides that the language of a contract shall be construed against the drafter shall not apply to this Agreement. You agree to submit to the exclusive jurisdiction of the Federal and State courts of the state of Illinois, which are located in Chicago, Illinois. If local laws prohibit your participation in any part of the ISAT Communications Service, or use of them, then you are responsible for complying with such laws, and the terms of this Agreement.
(b) Any and all disputes between you and ISAT Communications will be settled by arbitration in Chicago, Illinois in accordance with the regulations of the American Arbitration Association then in force, and you agree that all negotiations, discussions, and settlements shall be subject to obligations of confidentiality and shall not be disclosed to any third party.
(c) If any provision(s) of this Agreement is held to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
(d) All notices to you shall be in writing and shall be made either via email or conventional mail, or by posting such notices on the ISAT Communications Service. ISAT Communications may broadcast notices or messages through the ISAT Communications Service to inform you of changes to this Agreement, the ISAT Communications Service, or other matters of importance; such broadcasts shall constitute notice to you. All notices to ISAT Communications from you must be made in writing via e-mail addressed to support@ISAT Communications.
(e) ISAT Communications's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by ISAT Communications in writing.
(f) This Agreement comprises the entire agreement between you and ISAT Communications and supersedes all prior agreements between the parties regarding the subject matter contained herein.
(g) Your membership in the ISAT Communications Service and any of your rights hereunder may not be assigned or transferred to any third party. ISAT Communications reserves the right to assign this agreement to any third party that acquires all or substantially all of its relevant business or assets.
(h) The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
(i) You represent and warrant that you are over the age of 18 years, have read this Agreement, and agree to be bound by its terms and conditions.
(j) Export Controls: You shall comply with all export laws and restrictions and regulations of the Department of Commerce, the U.S. Department of Treasury Office of Foreign Assets Control ( OFAC ) or other U.S. or foreign agency or authority, and you shall not export or allow the export or re-export of the Software in violation of any such restrictions, laws or regulations. By downloadinig or using the Software or Service, you agree to the foregoing and represent and warrant that you are not located in, under the control of or a national or resident of any restricted country.