Terms of Service

Revised:  March 28, 2024

These Terms of Service (“Terms“) govern your use of the Eutelsat America Corp. website (“Site“) and the Eutelsat America Corp. services (“Services“).  These Terms apply to all users of the Site and Services.  By accessing or using the Site or Services, you agree to these Terms.

1. Eligibility

You must be at least 18 years old to use the Site or the Services.

2. Acceptable Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account.  When you use the Site or Services, you shall not:

• violate any law or regulation;
• violate or infringe other people’s intellectual property, privacy, publicity, or other legal rights;
• use our Site or Services to transmit, distribute, post, or submit any information concerning any other person or entity, including without limitation, photographs or personal contact information of others, without their permission;
• transmit anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• transmit any malicious code or computer viruses;
• stalk, harass, or harm another individual;
• impersonate or misrepresent your affiliation with someone else;
• use automated methods to use the Site or Services in a manner that sends more requests to the Eutelsat America Corp. servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser;
• interfere with or damage the Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, malicious code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology;
• recruit or otherwise solicit any user to join third party services or websites that are competitive to Eutelsat America Corp., without Eutelsat America Corp.’s prior written approval;
• use, display, mirror, or frame the Site or any individual element within the Site or Services, Eutelsat America Corp.’s name, any Eutelsat America Corp. trademark, logo, or other proprietary information, or the layout and design of any page or form contained on a page, without Eutelsat America Corp.’s express written consent;
• access, tamper with, or use non-public areas of the Site, Eutelsat America Corp.’s computer systems, or the technical delivery systems of Eutelsat America Corp.’s providers;
• attempt to probe, scan, or test the vulnerability of any Eutelsat America Corp. system or network or breach any security or authentication measures;
• avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Eutelsat America Corp. or any of Eutelsat America Corp.’s providers or any other third party (including another user) to protect the Site or Services;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Services; or
• advocate, encourage, or assist any third party in doing any of the foregoing.

Eutelsat America Corp. will investigate and prosecute violations of any of the above to the fullest extent of the law. Eutelsat America Corp. may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Eutelsat America Corp. has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content, but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Eutelsat America Corp. reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Eutelsat America Corp., at its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.

3. Ownership

We own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content“) and Eutelsat America Corp.’s trademarks, logos, and brand elements (collectively, the “Marks“).  The Content and Marks are protected under U.S. and international laws.  We reserve all rights not expressly granted to you.

4. Privacy

Eutelsat America Corp. respects your privacy.  Please read our Privacy Policy to learn how we collect, use, and disclose information about you.

5. Third Party Content and Interactions

The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Eutelsat America Corp., including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general.  Your interactions with organizations or individuals found on or through the Site and Services are solely between you and such organizations or individuals.  You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties.  You agree that Eutelsat America Corp. is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings.  If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Eutelsat America Corp. is under no obligation to become involved.  In the event that you have a dispute with any other user of the Site or Services, you hereby release Eutelsat America Corp. and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services.  If you are a California resident, you waive California Civil Code Section 1542, which provides:  A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.

6. Links

The Site and Services may contain links to other websites, or allow others to send you such links.  A link to a third party’s website does not mean that we endorse it or that we are affiliated with it.  We are not responsible or liable for any damage or loss related to the use of any third-party website.  You should always read the terms and conditions and privacy policy of a third-party website before using it.

7. Changes to the Site or Services

Eutelsat America Corp. enhances and updates the Site and Services often.  We may change or discontinue the Site or any Services, with or without notice to you.

8. Termination

We reserve the right not to provide the Site or Services to any user.  We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion.  If you violate any of these Terms, your permission to use the Site and Services automatically terminates.

9. Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.  THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, EUTELSAT AMERICA CORP. AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES“) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT).

IN PARTICULAR, EUTELSAT AMERICA CORP. AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, any recommendations or other content available on or through the Site or Services), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES.  EUTELSAT AMERICA CORP. AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY:  (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EUTELSAT AMERICA CORP. OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER EUTELSAT AMERICA CORP. NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages.  Accordingly, some of the above limitations and disclaimers may not apply to you.  To the extent Eutelsat America Corp. may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Eutelsat America Corp.’s liability will be the minimum permitted under such law.

10. Indemnification

You agree to indemnify, defend, and hold Eutelsat America Corp. and its Affiliates harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information that you submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you; (c) the violation of these Terms by you; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you.  Eutelsat America Corp. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.  If we do assume the defense of such a matter, you will reasonably cooperate with Eutelsat America Corp. in such defense.

11. Arbitration

By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against Eutelsat America Corp. or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”).  The arbitration will be heard and determined by a single arbitrator.  The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction.  The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.

If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Eutelsat America Corp. will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive.  In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.

This arbitration agreement does not preclude you from seeking action by federal, state, or local government agencies.  You and Eutelsat America Corp. also have the right to bring qualifying claims in small claims court.  In addition, you and Eutelsat America Corp. retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.

Neither you nor Eutelsat America Corp. may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim.  Claims may not be arbitrated on a class or representative basis.  The arbitrator can decide only your and/or Eutelsat America Corp.’s individual Claims.  The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.  If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF.  OTHER RIGHTS THAT YOU OR EUTELSAT AMERICA CORP. WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.   If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect.  This Section of these Terms will survive the termination of your relationship with Eutelsat America Corp..

12. Other Provisions

Under no circumstances will Eutelsat America Corp. be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.

These Terms will be governed by and construed in accordance with the laws of the District of Columbia, without giving effect to any conflict of laws rules or provisions.

You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the local or federal courts located in Washington, D.C.  You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.

If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.

The failure of Eutelsat America Corp. to enforce any right or provision of these Terms will not prevent Eutelsat America Corp. from enforcing such right or provision in the future.

We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.

13. Changes to these Terms

We may change these Terms from time to time.  If we change these Terms, we will inform you by posting the revised Terms on the Site.  Those changes will go into effect on the “Revised” date shown in the revised Terms.  By continuing to access or use the Site or Services, you agree to the revised Terms.