SWANsat™ Service Terms

What You Can Expect from Us

Please also read our Terms of Email Use as well as our General Terms of Use.

By ordering any product or service through the use of this Internet site, the Subscriber agrees with SWANsat Marketing, LLC, that the Subscriber is bound by the terms set forth below. The terms of this agreement include terms on use of this Internet site, terms on the purchase of products and services, and terms regarding copyright and trademark matters.

IMPORTANT NOTICE #1:

By subscribing to a MySWANmail™ encrypted email account, in addition to entering into a renewable agreement to subscribe to the account, you are also entering into a non-binding agreement with us whereby we extend to you a non-transferable option (hereafter referred to as a "Conversion Warrant") to convert your MySWANmail™ encrypted email account into a 24-month subscription to a full service SWANsat™ account when we announce the roll out of satellite-based SWANsat™ services pursuant to our license to operate the SWANsat™ satellite system. In effect, by purchasing your MySWANmail™ account, and by maintaining your account active until launch of the SWANsat™ constellation of satellites, you are reserving your account number in the SWANsat™ system in case SWANsat™ becomes so popular that the system reaches its maximum capacity. SWANsat™ will report the total number of Conversion Warrants available to various financial institutions with which we are affiliated (or with which we are contemplating entering into affiliation or lending relationships) as one means of obtaining financing for the design, construction, and launch of the SWANsat™ system. At no time will specific information identifying you as a subscriber to our services be reported. Only the total number of Conversion Warrants will be reported. Current as of Thursday, February 25, 2010, the total number of possible Conversion Warrants that we may issue is 100 million. The number of Conversion Warrants that remain unissued and are still available is displayed in a counter placed in the lower right hand corner of this web page, preceded by an identifier that reads "Subscriptions Available". This number is an approximation only, and may not necessarily include all possible SWANsat™ subscriptions that may be offered or operated by SWANsat™.

IMPORTANT NOTICE #2:

Full service SWANsat™ accounts will include a FREE handset, but will require a 24 month contract. Pricing for the SWANsat™ satellite service has not been set at this time, but is expected to be approximately USD$100.00 per month or less. You may subscribe to the MySWANmail™ encrypted email service at this time WITHOUT entering into the 24-month contract. Our MySWANmail™ encrypted email accounts do not carry a 24-month commitment. The minimum subscription to our MySWANmail™ account is one year (USD$20.00), and you can purchase up to 5 years of email services at this time. If you purchase a 5 year subscription to a MySWANmail™ account and if you pay all five years in advance (USD$100), when SWANsat™ satellite services begin, we will waive the USD$100 activation fee, and we will waive the first month of service on the SWANsat™ satellite system. Each of your USD$20 annual service fee payments will be credited toward your activation fee, should you decide to exercise your Conversion Warrant and activate your SWANsat™ satellite account when SWANsat™ satellite services begin. In the event that you decide not to exercise your Conversion Warrant and enter into a 24-month SWANsat™ satellite service contract, your annual MySWANmail™ payments will not be credited to your account, but you may still continue to subscribe to the MySWANmail™ 128-bit encrypted email account at the rates that will be in effect at that time. Note that SWANsat™ satellite services are not being sold at this time as the SWANsat™ satellite services are not expected to begin until early 2011.

IMPORTANT NOTICE #3:

The primary service offered through the SWANsat™ system at this time is the MySWANmail™ 128-bit fully-encrypted email service. All MySWANmail™ accounts are accessible at this time by subscribers through the subscriber's Internet connection via traditional land lines or via the user's Wi-Fi wireless connections. SWANsat™ satellite-linked services are NOT available at this time, and are not expected to be delivered by satellite until 2011. Accordingly, SWANsat™ makes no representation that it is selling satellite services at this time. Note that SWANsat™ only represents that it is offering MySWANmail™ 128-bit encrypted email accounts at this time, that all MySWANmail™ services are distributed, delivered or accessible through traditional Internet land line and/or Wi-Fi systems at this time, and that only emails and their attachments sent from the subscriber's MySWANmail™ account to another subscriber's MySWANmail™ account are guaranteed to be encrypted. No guarantee or representation about encryption is made as to email sent from a subscriber's MySWANmail™ account to other email addresses. Further, although your MySWANmail™ account is POP3 and web accessible, and you can easily access your MySWANmail™ account through Thunderbird™, Eudora™, Outlook™, Outlook Express™, or other popular email programs, encryption is guaranteed for email sent from your MySWANmail™ account to another user's MySWANmail™ account only when your MySWANmail account is accessed through your browser. You will lose any encryption when your emails are transferred from our servers to other email programs, so we do recommend that you only access your MySWANmail™ through your browser for critical, sensitive emails.

IMPORTANT NOTICE #4:

By using the MySWANmail™ 128-bit encrypted email service, the Subscriber hereby agrees to hold SWANsat™ and its affiliates, employees, agents, and assigns harmless from any and all incidental or consequential damages that may occur in the event that the MySWANmail™ encryption algorithms fail or are cracked by the Subscriber, by the Subscriber's message recipient, or by any third party. Further, should any such failure or breach of the MySWANmail™ encryption algorithms compromise any message or attachment sent by the Subscriber or received by the Subscriber's email recipient, the Subscriber does hereby hold SWANsat™ and its affiliates, employees, agents, and assigns harmless from any and all incidental or consequential damages that may occur from any such failure or breach of the MySWANmail™ encryption algorithms.

IMPORTANT NOTICE #5:

You MUST have an active and verified PayPal™ account in order to receive payments under the SWANsat™ Beneficiary Program. Your referral fees will be paid to you monthly, on or about the first day of each month, but no later than the 7th of each month. Further, you must use your MySWANmail™ email address as the primary email address on your PayPal™ account. If the primary email address on your PayPal™ account is not your MySWANmail™ address (i.e., if you do not use [youraccountnumber]@myswanmail.com as your primary PayPal™ email address, or in the event you have registered a MySWANmail™ alias such as [youralias]@myswanmail.com, if you do not use your MySWANmail™ alias as your PayPal™ email address, please go to the PayPal™ website and change your primary PayPal™ email address so that it is the same as your MySWANmail™ address NOW!

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.DEFINITIONS OF TERMS

SWANsat. The term “SWANsat” means Affiliated Entities and Sub-Entities controlled by, under common control with, or controlling the following:

  1. Leading Edge Technologies, a Nevada Limited Liability corporation.

  2. SWANsat Development, LLC, a Wyoming limited liability corporation

  3. SWANsat Information Systems, LLC, a Wyoming limited liability corporation

  4. SWANsat Equity, LLC, a Wyoming limited liability corporation;

  5. Fleet Holdings, LLC, a Wyoming limited liability corporation;

  6. SWANsat Press Club, LLC, a Wyoming limited liability corporation;

  7. Banque de Commerce Internationale, LLC, a Wyoming limited liability corporation;

  8. Fidelis Entertainment, LLC, a Wyoming limited liability corporation;

  9. Any other Affiliated Entity and Sub-Entity that may be established in the future;

  10. Any contractual affiliate of the Affiliated Entities and Sub-Entities that are authorized to use the SWANsat brand name and which either sell wireless services or manage a portion of the global SWANsat satellite W-band wireless network;

  11. Any entity which is a member of the SWANsat Group as defined from time to time by SWANsat Holdings; and,

  12. SWANsat Holdings, LLC, including without limitation:

  1. SWANsat 1, LLC and its SAT partnerships, SWANsat 1A, Ltd. and SWANsat 1-B, Ltd., or any other partnerships under its control

  2. SWANsat 2, LLC and its SAT partnership, SWANsat 2, Ltd., or any other partnerships under its control

  3. SWANsat 3, LLC and its SAT partnerships, SWANsat 3-A, Ltd. and SWANsat 2-B, Ltd., or any other partnerships under its control

  4. SWANsat 4, LLC and its SAT partnership, SWANsat 4, Ltd., or any other partnerships under its control

  5. SWANsat 5, LLC and its SAT partnership, SWANsat 5, Ltd., or any other partnerships under its control

  6. SWANsat 6, LLC and its SAT partnership, SWANsat 6, Ltd., or any other partnerships under its control

  7. SWANsat 7, LLC and its SAT partnership, SWANsat 7, Ltd., or any other partnerships under its control

  8. SWANsat 8, LLC and its SAT partnership, SWANsat 8, Ltd., or any other partnerships under its control

  9. SWANsat 9, LLC and its SAT partnership, SWANsat 9, Ltd., or any other partnerships under its control

  10. Any other Subscriber Account Territory and any SAT partnership that may be established up in the future

Current as of Thursday, February 25, 2010, the Affiliated Entities and Sub-Entities are in various stages of organization and formation, and are tasked with managing growth and development of the SWANsat System. The Company reserves the right to add new or remove existing Affiliated Entities and Sub-Entities as deemed appropriate. In its January 2005 Progress Reports filed before its Host Countries, Leading Edge Technologies transferred to SWANsat Holdings its licenses issued via the SWANsat Grants of Authorizations by the Host Countries. means:

SWANsat™ Services. The term “SWANsat™ Services” shall include, but not be limited to broadband data and voice delivered through the SWANsat constellation of satellites, through the 71-75GHz and 81-85 GHz electro­magnetic frequency bands (which are defined as Band 11 of the Extremely High Frequency 30-300GHz band described in §2.101 Nomenclature of Frequencies contained in Subpart B: Allocation, Assignment, and Use of Radio Frequencies set forth in the Rules of the Federal Communications Commission of the United States of America, and as limited, implemented, granted, and authorized by the government(s) of the Host Country(ies) granting an Authorization to Operate Space Stations to Leading Edge Technologies, LLC, or to SWANsat Holdings or its affiliated companies. “SWANsat™ Services” may also include email accounts based on Subscriber Account Numbers and personal websites which assign a URL based on a Subscriber Account Number or eMail alias (a “SWANsite™”).

“Host Country” and “Host Countries”. As of Thursday, February 25, 2010, the host country(ies) include(s) only Nauru, an independent island nation in Oceania. India may be approached as a potential host in 2010 (individually, the “Host Country” and jointly the “Host Countries”). The Host Countries are members of the United Nations and either are now signatories to the International Telecommunications Union treaty or are expected to become signatories prior to launch of the SWANsat™ satellites. 

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.SWANsat™ SYSTEM ORIGINATION, USE,
AND GOVERNING AUTHORITY

Because Subscribers to the SWANsat™ system can access the SWANsat™ services from almost anywhere on the planet, for the purposes of use, regulation of Terms of Service, taxation of and payment for all SWANsat™ goods and services, all SWANsat™ services, including purchase of SWANsat™ goods and services, connection to and from a Subscriber via the SWANsat™ handsets, via the SWANsat™ Personal Internet Terminals, and/or via SWANsat™ peripheral accessories, are deemed to be entered into by and between Subscribers under the Rules of the respective Ministries of Telecommunications and the respective Laws of the Host Country(ies) which license the SWANsat™ W-Band satellite service. The frequency allocations of the SWANsat™ system are set aside as the 92-95GHz and 102-105 GHz electro­magnetic frequency bands and are defined as Band 11 of the Extremely High Frequency 30-300GHz band described in §2.101 Nomenclature of Frequencies contained in Subpart B: Allocation, Assignment, and Use of Radio Frequencies set forth in the Rules of the Federal Communications Commission of the United States of America. The Host Country(ies) of the SWANsat™ system DO NOT include the United States of America. In the opinion of SWANsat™, the Host Country(ies) are generally more favorable to the interests of consumers than are the Rules of the Federal Communications Commission of the United States of America.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.COPYRIGHT AND TRADEMARK

Copyright © 1996-2010 by Leading Edge Technologies, Ltd. and/or SWANsat Holdings, LLC and its affiliated companies. All rights reserved internationally. SWANsat™ and the stylized SWAN-globe device are trademarks of SWANsat Holdings, LLC and are used under license. SWANsat™ is a service mark of SWANsat Holdings, LLC. SWANsite™ is claimed as a trademark and service mark of SWANsat Marketing, LLC. MySWANmail™ and SWANmail™ are claimed as a trademark and service mark of SWANsat Marketing, LLC.

This Internet site contains information, data, software, photographs, graphs, videos, graphics, music, sounds and other material (collectively, “Content”) that are protected by copyrights, trademarks, trade secrets or other proprietary rights. These rights are valid and protected in all forms, media and technologies existing now or hereafter developed throughout the world. All Content is copyrighted as a collective work under U.S. copyright laws, and SWANsat™ owns a copyright in the selection, coordination, arrangement, and enhancement of such Content. The Subscriber may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part. All Content is copyrighted and SWANsat™ owns a copyright in the selection, coordination, arrangement and enhancement of the Content, page headers, custom graphics and button icons.

SWANsat™ grants you permission to copy electronically and to print in hard copy portions of the Content for

  1. Personal use if you maintain all copyright notices, trademark legends and other proprietary rights notices,

  2. Using this Internet site as a personal shopping resource,

  3. Communicating with SWANsat™ about a SWANsat™ product or service, or

  4. Placing an order with SWANsat™ .

Any other use of materials on this site, including reproduction for purposes other than permitted above, uploading, modification or distribution, is prohibited without the prior written permission of SWANsat™ .

All other trademarks, product names, and company names and logos appearing on SWANsat™ are the property of their respective owners. The Subscriber must obtain permission from the those owners before copying or using the owner’s trademarks, product names and company names and logos.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.DIGITAL MILLENNIUM COPYRIGHT ACT

SWANsat™ respects the intellectual property rights of others and is committed to complying with U.S. Copyright laws. SWANsat™ policy is to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for owners of copyrighted material who believe their rights under U.S. copyright law have been infringed on the Internet.

If you believe your work has been copied and is accessible on this site in a way that may constitute copyright infringement, please provide notice to the SWANsat™ Designated Agent. The notice must include the following information as provided by the Digital Millennium Copyright Act, 17 U.S.C. 512 (c)(3):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

  4. Information reasonably sufficient to permit SWANsat™ to contact the complaining party, such as address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

  5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;

  6. A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

The Designated Agent for notice of copyright infringement claims may be reached by mail to Copyrights Manager in care of:

SWANsat Holdings, LLC
2424 Pioneer Avenue, Suite 405
Cheyenne, WY 82001

By Fax: +1.208.567.3898
By email: copyrights@swansat.com

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.Counter Notification to Claimed Copyright Infringement

If a copyright infringement notice has been wrongly filed against you as a result of mistake or a misidentification of the material, you may file a counter notification with the SWANsat™ Designated Agent. The counter notification must provide the following information:

  1. Physical or electronic signature of the subscriber;

  2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

  3. A statement under penalty of perjury that the subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification;

  4. The subscribers name, address, telephone number and email address, and a statement that the subscriber consents to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if the subscriber’s address is outside of the United States, for any judicial district in which the service provider may be found, and that the subscriber will accept service of process from the person who provided notification or an agent of such person.

SWANsat™ will terminate all account holders and subscribers who are repeat infringers of intellectual property laws.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.THIRD PARTY CONTENT AND/OR DELIVERY OF SERVICES

SWANsat™ is generally a distributor and not a publisher of Content supplied by third parties and has no more editorial control over that Content than a public library or newsstand. SWANsat™ is not responsible for any opinions, advice, statements, services or other information that constitute Content and is provided by third parties. SWANsat™ does not guarantee the accuracy, completeness or usefulness of that Content. The Subscriber is responsible for evaluating such Content. When SWANsat™ satellite services begin, in certain geographic areas, or under certain conditions, the SWANsat™ handset may utilize carrier or transmission services other than the constellation of SWANsat™ satellites, such as but not limited to, local cellular systems or other carrier technologies (the "alternate delivery methods") that are yet to be developed. Nothing in these Terms of Service shall prohibit SWANsat™ from delivering its services through alternate delivery methods other than the SWANsat™ satellites.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.ON LINE CONDUCT

For the purposes of this Agreement, the term “on line” shall mean the connection to the Internet or the use of any SWANsat™ service, whether said connection or service is made through the SWANsat™ wireless handset, peripherals or accessories, or whether the connection is made through a physical land-based line. Any conduct by a Subscriber that in the sole discretion of SWANsat™ restricts or inhibits any other Subscriber from using or enjoying the SWANsat™ system or this Internet site will not be permitted. The Subscriber will use this Internet site only for lawful purposes. The Subscriber may not post on or transmit through the SWANsat™ system or through this Internet site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, encourage religiously or politically motivated acts of violence, or otherwise violate applicable laws. SWANsat™ may prohibit conduct, communication, or Content that it, in its sole discretion, believes to be harmful or objectionable to individual Subscribers, SWANsat™ or its affiliates, or to any rights of SWANsat™ or any third party, or to violate applicable laws. Notwithstanding the foregoing, SWANsat™ cannot ensure prompt editing or removal of questionable Content after online posting. Accordingly, neither SWANsat™ nor any of its affiliates, nor the officers, directors, employees and other representatives of any of them, assume liability for any action or inaction with respect to conduct, communication, or Content on the SWANsat™ system or on this Internet site.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.WARRANTIES AND LIMITATION OF LIABILITY

Use of the SWANsat™ system or this Internet site is at the Subscriber’s sole risk. Neither SWANsat™, nor its affiliates, nor any of its officers, directors, or employees, agents, third-party content providers, vendors, licensers, or the like, warrant that the SWANsat™ system or this Internet site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the SWANsat™ system or this Internet site, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the SWANsat™ system or through this Internet site. See below regarding product warranties provided by SWANsat™ handset, peripheral accessories and/or Personal Internet Terminal manufacturers.

SWANsat™ IS PROVIDING THE SWANsat SYSTEM AND THIS INTERNET SITE AND ITS CONTENT ON AN “AS IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THE SWANsat™  SYSTEM, THIS INTERNET SITE OR ITS CONTENT. SWANsat™ DISCLAIMS ALL THOSE REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FURTHER, SWANsat™ DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE ON OR THROUGH THE SWANsat™ SYSTEM OR THROUGH THIS INTERNET SITE IS ACCURATE, COMPLETE OR CURRENT, AND ALL INFORMATION, INCLUDING PRICES AND AVAILABILITY, IS SUBJECT TO CHANGE WITHOUT PRIOR NOTICE TO THE SUBSCRIBER .

Except as otherwise specifically stated on this Internet site, neither SWANsat™ nor any of its affiliates, nor the directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of the SWANsat™ system, any of the services offered therein, or this Internet site, including mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, or delays in operation or transmission. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties. Further, the Subscriber expressly releases SWANsat™ and its affiliated companies, agencies, employees and assigns from any liability for any third party interception of any data, information, images, documents, programs, or GPS identifier information that may be transmitted by the Subscriber to any other third party.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.SECURITY POLICY

SWANsat™ uses reasonable precautions to protect the privacy of your credit card and other ordering information by utilizing a Secure Socket Layer (“SSL”) connection. Accordingly, your credit card and other ordering information, such as your name and address, is encrypted using the SSL connection and is not expected to be read in an intelligible form as it travels to the SWANsat™ order processing system. The SWANsat™ order processing system is not directly connected to the Internet and is not generally accessible to the public. Many web browsers support the use of an SSL connection, but if your browser does not support the use of an SSL connection or if you prefer not to send your credit card number over the Internet, you can place your order by calling SWANsat™ toll free at 1-888-SWANSAT (U.S. only). SWANsat™ telesales Representatives are available 7 days a week, Monday through Friday from 6:00 a.m. to 8:00 p.m. (CST) to take your order. SWANsat™ sales offices in the United States are closed on Saturday and Sunday and most U.S. holidays. Sales offices in other countries follow local holidays and customs.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.PRIVACY POLICY

SWANsat™ respects the privacy of its Subscribers, and other individuals and businesses using the Web sites owned and operated by SWANsat™ and its affiliates and members (the “SWANsites™”). This updated Policy effective Thursday, February 25, 2010, is to keep you informed about the types of information collected on the SWANsat™ system or the SWANsat™ and how the information is used and protected. The revised Privacy Policy includes information about advertisements on the SWANsat™ system or on the SWANsites™ and access to your account information. SWANsat™ protects the privacy of its Subscribers consistent with the Rules of the Ministries of Telecommunications of the respective governments of its Host Countries. Click here to access an executive summary of the Privacy Policy for SWANsat™ high speed Internet services. There are two types of information that may be exchanged over the SWANsat™ system between any SWANsite™ and the Subscriber during each visit to a SWANsite™ or to any other Internet site. They are:

  1. General technical data transmitted between your computer and the site that does not identify you personally.

  2. Personally identifiable information that you voluntarily share. The types of personally identifiable information that you might share includes your name, address, phone number, e-mail address, SWANsat™ Subscriber Account Number and your credit card number.

Anonymous Information

In order to provide you with the information and services that you look for from the SWANsites™ or from other Internet sites, SWANsat™ gathers certain types of information from you that are not personally identifiable. This is called anonymous information and includes:

  1. The type of Internet browser you use when you visit

  2. The types of computer operating system you use

  3. The screen resolution of the system you're using (in order to allow our system to configure the HTML code we send you specifically for your computer terminal)

  4. The search engine you use to access the sites (such as “AOL.com,” “Yahoo.com” or “Go.com”)

  5. The specific SWANsites™ or other Internet site that you visit (swansat.com, myswanmail.com, myswansite.com, etc.).

The anonymous information collected is not associated with you personally or your business. We use this anonymous information in the aggregate to improve SWANsat, the SWANsites™, and the services we provide through those sites.

Use of Cookies

Some SWANsites™ may use “cookies” to collect the anonymous information described in this Privacy Policy. Cookies are bits of encrypted data that are loaded by our servers onto your computer when you visit a SWANsite™. The server can retrieve the cookies the next time you visit a site and use them to identify the computer as a return visitor. SWANsat™ uses cookies to collect non-personally identifiable information and generically track usage patterns on the SWANsites™ in order to monitor activity and administer the sites. SWANsat™ also uses information obtained from cookies to improve SWANsites™, and make decisions concerning advertising, product offerings and services. Most Subscribers can disable cookies from their Internet browsers, receive a warning before a cookie is placed on their computer, and erase all cookies from their computer hard drives by following the instructions provided by the browser. Nothing in this Terms and Service Agreement prohibits you from doing so, but the functionality of the SWANsat™ system and your full enjoyment of the Services offered through it may be impaired. Accordingly, SWANsat™ is not responsible for failure to provide Services under this Agreement when you disable cookies from your Internet browser.

Advertisements on SWANsites™

Advertising companies deliver ads on some SWANsites™. You should be aware that when you click on these ads, the advertising companies may also deploy cookies to receive anonymous information about ad viewing by Internet users on SWANsites™ and other Internet sites. This information is associated with your Web browser, but cannot be associated with your name or e-mail address without your permission. Therefore, advertising companies may know where your computer goes on the Web, but they do not know who you are unless you tell them. SWANsat™ does not provide personally identifiable information about its Subscribers or about SWANsite™ visitors to these advertising companies.

Personally Identifiable Information

SWANsat™ may ask you to provide what is often referred to as “personally identifiable information” such as your name, address, telephone number and e-mail address when you use SWANsites™ to:

  1. Purchase a service or product online,

  2. Enter a contest or sweepstakes,

  3. Ask to receive information,

  4. Respond to a survey,

  5. Register with a SWANsite

  6. Access your account,

  7. Ask for a personalized service,

  8. Request customer service online, or

  9. Apply for a job.

You always have the alternative of mailing or calling SWANsat™ with the information requested if you do not wish to provide it online. Our email address is info@swansat.com. Our address for postal delivery is set forth above. Personally identifiable information provided at a SWANsite™ to order SWANsat™ services other than Internet services will be protected in the same manner as when the information is provided by other means, such as over the telephone or by mail. We protect Subscriber information obtained from any SWANsat™ Subscribers consistent with the Laws of the Ministry of Telecommunications of our Host Country(ies) that govern  our services and with regulations issued there by. Click here to review the Privacy Policy for the SWANsat™ system and for all of its Internet-related services.

SWANsat™ uses personally identifiable information provided at a SWANsite™ in the following ways unless otherwise specified:

  1. For its intended purpose (such as to complete an online order for service),

  2. To provide you with information about new SWANsat™ products and services or products and services offered in conjunction with SWANsat™ business partners.

Disclosure to Third Parties

SWANsat™ will not sell or disclose to outside parties any personally identifiable information obtained from a SWANsat™ online service or the registration at a SWANsite™ without your consent except under the following circumstances:

  1. When required by the laws of our Host Country(ies),

  2. When disclosure is necessary to protect the safety of a customer, third party or ’s property of SWANsat™,

  3. If it is required in connection with any sale or transfer of all or a portion of assets belonging to or under the control of SWANsat™.

When SWANsat™ uses agents, contractors or other companies to perform services on its behalf, SWANsat™ will require that they protect your personally identifiable information consistent with this Privacy Policy. SWANsat™ may share the anonymous information described in this Privacy Policy with third parties from time-to-time.

E-Mail Communications

E-mail is an increasingly popular communication tool through which you and your business may communicate with SWANsat™ or with others. Likewise, SWANsat™ may use e-mail to communicate with you, respond to your e-mail, and to tell you about new products and services. If you do not wish to receive e-mail promotions and new products and service announcements from SWANsat™, you agree to follow the instructions that appear at the end of the e-mail communication that you receive from SWANsat™ or its affiliates to have your name removed from the list.

Encryption Security

SWANsat™ utilizes several encryption methods to ensure that the data you submit on any of the sites is secure. Through this “secure session,” information that you input into a SWANsat™ online order form will be sent and will arrive privately and unaltered at a SWANsat™ server. This security prohibits access to your information by other companies and Web users.

Children

SWANsat™ does not intend to collect personally identifiable information from individuals under 18 years of age. If SWANsat™ becomes aware that a Subscriber or user who is under 18 is using a SWANsite™, SWANsat™ will specifically instruct that individual that they are not to submit information on the SWANsat™ system or on SWANsites™ without a parent's or guardian’s consent. If a child has provided us with personally identifiable information without our knowledge, a parent or guardian of the child may contact us at privacy@swansat.com and we will delete the child’s information from our existing files.

Links

Some SWANsites™ may contain links to other Internet sites that are owned and operated by parties other than SWANsat™.This Privacy Policy does not extend to any Internet sites other than those owned and controlled by SWANsat™.

Account Information

You may always contact us at privacy@swansat.com or by telephone or mail to verify your name, address, e-mail address, telephone number and/or billing information. SWANsat™ will correct any information that is inaccurate.

Questions

If you have questions or comments regarding this Privacy Policy, you may contact us at privacy@swansat.com. If you have submitted personally identifiable information, and would like that information deleted from our records, please contact us at our e-mail address, privacy@swansat.com. We will use reasonable efforts to delete that information from our files.

Updates

SWANsat™ may amend this Privacy Policy from time-to-time. These changes will be posted online.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.PURCHASES

General.

The Subscriber agrees to purchase the products and services ordered on the various order screens when the Subscriber clicks on the “SUBMIT” or similar button on the product or service order screens. The terms of the purchase agreement include the information included on the various order screens, the terms of this PURCHASES Section, and these SWANsat™ Terms and Conditions of Service. Such agreement is in addition to and not in lieu of the agreement with the Subscriber formed by Subscriber’s use of the Internet site.

No Warranties by SWANsat.

SWANsat™ MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES ABOUT ITS SERVICES AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SWANsat™ DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND THE SUBSCRIBER MAY NOT RELY ON ANY STATEMENT OF WARRANTY. SWANsat™ IS NOT THE MANUFACTURER OF THE PRODUCTS AND THE ONLY WARRANTY APPLICABLE TO THE PRODUCTS USED IN CONNECTION WITH THE SERVICES IS THAT PROVIDED BY THE PRODUCT MANUFACTURERS. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Product warranty by Manufacturer.

Each SWANsat™ product comes with a limited warranty provided by the manufacturer. The warranty for the products that you ordered can be viewed on this Internet site. It also is included with the product itself.

Limitation of Liability.

Neither SWANsat™ nor any of its affiliates, nor the agents, directors, employees or other representatives of any of them, is liable for damages arising out of or in connection with the use of the products or services obtained through SWANsat™ or through this Internet site. This is a comprehensive limitation of liability that applies to all damages of any kind, including compensatory, direct, indirect or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

Shipping and Billing to US Addresses Only; Availability.

SWANsat™ does not process orders to foreign shipping or billing addresses. Order to foreign shipping or billing addresses will be processed through a third party affiliate. SWANsat™ tries to give product availability information on this Internet site, but sometimes products are unexpectedly unavailable. In addition, SWANsat™ updates and improves its products and services on a continuous basis. SWANsat™ will inform you if any SWANsat™ products that you ordered turn out to be unavailable or if any service that you ordered has been changed. SWANsat™ may use email to so inform you. This paragraph may not be applicable to citizens of the Host Country(ies).

Email Receipt.

After you place an order with SWANsat™, you should receive an email acknowledgment within one business day to confirm that SWANsat™ has accepted your order and is processing it. The email will contain the details of your order, the itemized and total amounts that will be billed to your credit card, including all applicable taxes and charges. A receipt will also be included with your purchase. Be sure to keep your receipt. You will need it if you require any warranty service.

Charging Your Credit Card.

SWANsat™ charges your credit card immediately after it receives your order and performs the credit check. If a product cannot be shipped within 3 business days of your order, SWANsat™ will credit your credit card and cancel your order, unless you instruct us otherwise. If your credit card is rejected when SWANsat™ charges it, SWANsat™ is not obligated to ship any products or activate any service for your account. SWANsat™ will contact you by email or any other reasonable means to advise you of the situation and will request you to call SWANsat™ at 1-888-SWANSAT.

Prices, Taxes and Shipping & Handling.

All prices are stated and payable in US dollars. The prices for products and services quoted on this Internet site generally, but not always, include taxes. SWANsat™ charges all applicable taxes on products and services. SWANsat™ does not charge shipping and handling on any order that includes a handset that is activated on the swansat.com website. A shipping and handling charge may be applied to other orders.

Return Policy.

SWANsat™ products may be returned within 14 days of purchase for a refund of the purchase price (but not charges for wireless service). Note the return policy, including the number of days for return, may be changed without notice and the policy may not apply to certain products. If you are not satisfied with your purchase of your SWANsat™ product, you may return it to SWANsat™ by calling 1-888-SWANSAT for a return kit. In order to obtain a full refund of the original purchase price of the SWANsat™ product, you must return the product at your expense in an undamaged condition and complete with all accessories that came with the product in the original box with all materials and package inserts within 14 days of your purchasing the handset. A copy of your receipt (which was enclosed when SWANsat™ shipped the products to your) must accompany the return. This paragraph may not be applicable to citizens of the Host Country(ies).

Upon receipt of the returned product, SWANsat™ will credit your credit card account number used for the original purchase, and, in the case of a returned SWANsat™ handset, peripheral or accessory, net of any outstanding balance on the account associated with the returned phone or pager. This paragraph may not be applicable to citizens of the Host Country(ies).

SWANsat™ cannot exchange products through the Internet site; rather, the Subscriber should return the product for a refund within the appropriate time period and purchase a new product over the Internet site.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.TERMS AND CONDITIONS OF SERVICES

Effective as of Thursday, February 25, 2010, until replaced.

Thank you for choosing SWANsat™ as your gateway to the Internet. These terms and conditions are part of your agreement with SWANsat™ for SWANsat™ services. The terms and conditions included with your SWANsat™ handset may not be the most current version. For the most current version of the terms and conditions, please visit our website at www.swansat.com or call SWANsat™ Customer Service Solutions at 1-888-SWANSAT. If you activated your SWANsat™ Services before the effective date of these terms and conditions, these terms and conditions replace and supersede any previous terms and conditions. If you have questions about your SWANsat™ Services, please visit our website at swansat.com or call SWANsat™ Customer Care at 1-888-SWANSAT.

Agreement.

Your agreement (the “Agreement”) with SWANsat Holdings, LLC. and any of its affiliates doing business as SWANsat™ providing SWANsat™ Services (the “Services”) to you is made up of these Terms and Conditions of Service (the “Terms”) and the Service Plan that we agree to provide to you. Your “Service Plan” is described in our marketing materials, and includes the terms, rates and features we set for that Service Plan. In the agreement, we use the words “we,” “us,” “our” or “SWANsat” to refer to SWANsat Holdings, LLC and its affiliates doing business as SWANsat™. You accept the agreement when you activate SWANsat Services or make any attempt to use our SWANsat™ Services (for example, attempting to place any connect while on the SWANsat™ satellite system, using data services, etc.). We may change the Agreement at any time by giving you prior notice. Any changes to the Agreement are effective when we publish them. If you use our SWANsat™ Services or make any payment to us on or after the effective date of the changes, you accept the changes. If we change a material term of the Agreement and that change has a material adverse effect on you, you may terminate the Agreement without an early termination fee by calling 1-888-SWANsat within 30 days after the invoice date of the first invoice your receive after the changes go into effect. You understand and agree that taxes, fees of any kind, and other charges imposed by the government of the Host Country(ies) or based on any government calculations may increase or decrease on a monthly basis, and that this paragraph does not apply to any increases in such taxes, fees and other charges. This paragraph may not be applicable to citizens of the Host Country(ies).

Provision of Service.

Your purchase of a SWANsat™ handset, peripherals, accessories other equipment does not mean that we must provide Services to you. We may decide not to provide Services to you for any lawful reason. We may request that you provide us with any information we reasonably require to determine whether you qualify for SWANsat™ Services. SWANsat™ Services in some Subscriber Account Territories (the “SATs”) are managed and provided under contract with SWANsat™ by partially- or wholly-owned, or independent affiliates with access to the SWANsat™ worldwide satellite network. Some SWANsat™ Services may not be available or may operate differently in certain SATs.

Credit Verification.

You must have and maintain satisfactory credit to receive and continue to receive SWANsat™ Services. We will verify your credit before agreeing to provide SWANsat™ Services to you and we may verify your credit at any time while we provide SWANsat™ Services to you. Credit verification may include a review of credit reports that we receive from credit bureaus. If at any time we determine, in our sole discretion, that payment for SWANsat™ Services may not be made when due, we may suspend SWANsat™ Services and require that you provide payment on account or a guarantee of payment before we resume SWANsat™ Services. These terms of Credit Verification do not apply to citizens of the Host Country(ies), who must provide a valid and current passport issued by the Host Country as proof of citizenship upon request by SWANsat™ or its sales agents .

Service Plan.

You may be eligible for a fixed length Service Plan (“Term Service Plan”) or for a month-to-month Service Plan (“Non-Term Service Plan”). We determine the SWANsat™ Service Plan for which you qualify. Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term associated with that Term Service Plan. We may offer non-identical Service Plans to different individuals or entities. Services and coverage under some Service Plans may be more limited than available under other Service Plans. Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your SWANsat™ Services terminate. Based on your credit rating or other factors, we may require that you make a deposit, prepayment, or a series of deposits or prepayments, or be subject to an account spending limit, before SWANsat™ Services are activated or maintained.

Changing Service Plans.

If you are on a Non-Term Service Plan, you may change to a different Service Plan for which you qualify. Any change is effective at the start of your next full invoicing cycle unless otherwise specified by us at the time that you place your change order. If you change or add a different Service Plan or service feature and the change is effective prior to the start of your next full invoicing cycle, you will be invoiced a prorated amount. We may require a service charge for implementing any change directed by you in addition to the charges associated with the Service Plan or optional service features you select. If you are on a Term Service Plan and you want to change your service plan, you may be required to accept a new Term Service Plan and we may require you to pay the early termination fee set out in your Service Plan or other fee. This paragraph may not be applicable to citizens of the Host Country(ies).

Termination of Non-Term Service Plan.

If you are on a Non-Term Service Plan, you may terminate SWANsat™ Services at any time by giving us notice. Subject to the terms of this Agreement, we may terminate SWANsat™ Services at any time, with or without notice. If your SWANsat™ Service has been suspended due to non-payment, you may be charged a reactivation fee. We may deactivate any SWANsat™ Subscriber Account Number before you receive notice of termination without liability to you. Termination by either of us may be with or without cause. This paragraph may not be applicable to citizens of the Host Country(ies).

Termination of Term Service Plan.

EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR CAUSE BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY THE EARLY TERMINATION FEE ASSOCIATED WITH YOUR TERM SERVICE PLAN. No early termination fee is charged if you terminate a Term Service Plan in accordance with the return policy associated with your Term Service Plan. After the expiration of the term, the Terms relating to Non-Term Service Plans apply. These terms of Termination of Term Service Plan do not apply to citizens of the Host Country(ies).

Termination (General).

Regardless of whether you have a Non-Term or a Term Service Plan, we may terminate or suspend SWANsat™ Services to you without liability if: (1) you breach any provision of this Agreement (including if you fail to pay any charges for SWANsat™ Services); or (2) you fail to pay any charges due us for equipment or otherwise. If SWANsat™ Services are terminated before the end of your current invoicing cycle, we will not prorate the monthly recurring charge to the date of termination, and you will not receive a credit or refund for any unused minutes in your Service Plan.

Use of Services and Equipment; Availability.

You must be at least 18 years old to subscribe to SWANsat™ Services. We may require you to provide proof of your age and identity. If you are under 18 years old, you may be eligible for certain SWANsat™ Services that have Account Spending Limits if a person 18 years or older is also named as a subscriber on the Account. SWANsat™ Services and equipment may not be used for any unlawful, fraudulent or abusive purpose. By requesting SWANsat™ Services, you agree that you will not use SWANsat™ Services and equipment in any unlawful, fraudulent or abusive manner. You may not transfer, resell or lease your SWANsat™ account or SWANsat™ Services or equipment to anyone; if you do so, we reserve the right to terminate your account at any time .

Use of Your Existing Cellular Services with SWANsat™.

Your SWANsat™ handset will not accept the satellite-delivered services of any provider other than SWANsat™. Some models of SWANsat™ handsets may also accept cellular and roaming services of terrestrial-based mobile providers, such as SPRINT PCS, Verizon, AT&T Wireless, T-Mobile, or other similar terrestrially-based cellular service providers , who may charge you ROAMING rates for interfacing your existing cellular phone service to the SWANsat™ system if you transfer your cell phone's memory chip to your SWANsat™ handset. SWANsat™ has no control over any charges made by your cellular services provider to your cellular service account for using your cellular services with a SWANsat™ handset.

Coverage.

Most satellite-delivered SWANsat™ Services are available within the operating range of the SWANsat™ constellation of satellites. Coverage may not available everywhere. Coverage and quality of SWANsat™ Services may be affected by conditions within or beyond our control, including network problems, signal strength, your equipment, and atmospheric, geographic, or topographic conditions. We do not guarantee service availability or that there will be no interruptions or delays in SWANsat™ Services (e.g., dropped or blocked connections, etc.). SWANsat™ Services that are not delivered by satellite may only be available through wired, terrestrial, or land-based services.

Account Numbers.

We assign a Subscriber Account Number (the “Number”) to identify you as an individual, and we will associate the Number to any SWANsat™ handset or other equipment used by you on the SWANsat™ System. We may change the Number without compensation by giving you prior notice. You do not own the Number; it remains the property of SWANsat Holdings, but will be used only to identify you. Upon your decease, the Number will be deactivated; it will not be re-assigned to anyone. You may not modify the Number we assign to you, nor may you program it into any cellular telephone or other equipment, transfer or duplicate the Number to any phone or other equipment other than that authorized by us, or transfer the Number to any other individual or entity.

Service Activation Fee.

You may be required to pay a non-refundable activation fee when you activate a new Number, when you have us switch a Number to a different SWANsat™ handset, peripheral or accessory, when you have your current Number changed, or when we activate a different phone on your existing account, or when your Service Plan says so. The Service Activation Fee does not apply to citizens of the Host Country(ies).

Charges.

For most forms of your SWANsat™ Service, your usage will be charged not on a time basis, but on the amount of data transferred as measured in kilobytes. Your basic service includes Voice Over Internet Protocol (“VOIP”) transfer services sufficient to include voice communications covering 24 hours per day, seven days per week (“24/7”). If a connection is later broken or dropped, you should attempt to reconnect. For all other data transfers, you are not charged for connections that are not completed. In addition to these SWANsat™ Service charges, you may be charged for recurring monthly service charges, applicable local and long-distance toll charges that occur outside of the SWANsat™ system, other usage charges. You may be charged any fees for connections or for roaming charges for such SWANsat™ services that may be connected through terrestrial cellular systems. Further, you may be charged for on-line directory assistance, or connection completion charges, or account review and management charges. You may be charged for optional features you select at an extra cost, surcharges related to government programs, and some state, federal or country taxes not covered by the Host Country(ies) Grant of License. You must pay, by each invoice due date, all charges for SWANsat™ Services provided to the Number for each handset or other peripheral or accessory equipment that our records show you activated, no matter who actually uses or has possession of the handset, peripheral or accessory equipment or other equipment at the time SWANsat™ Services are provided , except where such charges were incurred as a result of demonstrable fraud, by identify theft or misrepresentation of identity, or as a result of theft of your SWANsat™ equipment. This paragraph may not be applicable to citizens of the Host Country(ies).

SWANsat™ Data Charges.

For SWANsat™ Data Services, you will be charged, on a per kilobyte basis, for data used, whether sent or received by your SWANsat™ handset, peripheral or accessory or other wireless device, rather than for airtime used, even for certain third generation voice services. As long as your SWANsat™ handset, peripheral or accessory or other wireless device is connected to the SWANsat™ system, you will be incurring data usage charges. Data usage will be measured in kilobytes and will be rounded up to the next whole kilobyte. Kilobyte usage will be rounded up to the next full cent. Rounding up will occur at the end of each separate session or each clock hour (at the top of each hour), if the session spans more than 1 clock hour. When traveling on the SWANsat™ system, a session may be ended and new session initiated, although no interruption to the actual data session will occur. The amount of data used and charged to you will vary widely, depending upon the specific SWANsat™ application or other service you use, the amount of data used in the specific application or service, and network congestion. You will be charged for data exchanges initiated by other Internet users as well as those you initiate. Estimates of data usage, for example, the size of downloadable files, will vary from what you actually use. You will be charged for additional data used in transporting and routing on the network. If you use a Premium Service (including services provided by third parties but for which you are billed on your SWANsat™ Invoice), you will be charged for data used in transport and routing in addition to the charge for the Premium Service. You will be charged for partial and interrupted data downloads or other use, including re-sent data, and for unsuccessful attempts to reach websites and use other applications and services, including those resulting from dropped network connections. Your invoice may not separately identify the number of kilobytes attributable to your use of specific sites, sessions or services used. This paragraph may not be applicable to citizens of the Host Country(ies).

SWANsat™ Premium Services.

Your SWANsat™ Service Plan may allow you to access or download premium content for an additional charge. Certain SWANsat™ services (e.g., games, ringers and screen savers) primarily contain premium services content. Access to and downloading of premium content may not be included with a basic SWANsat™ Service Plan. The additional charges for this premium content will be billed to you on your SWANsat™ e-Invoice. You will be charged for this content (at rates and charges specified at the time of access or download) that will be in addition to data usage charges you will incur while connected to the SWANsat™ system. We provide no warranties and make no representations or claims with regard to third-party Premium Services. In certain instances, subject to the terms of the content purchased, we may delete premium and non-premium items downloaded to available storage areas (e.g., your personal SWANsite™ URL vault), including any pictures, games and other content. We may limit the amount of Premium Services you may purchase in a specific timeframe (month, week, day, or other time period). We may suspend your use of Premium Services without prior consent or notice if we have reason to suspect fraudulent or unauthorized use of your Premium Services account, and we make no assurances that we will not suspend your account. This paragraph may not be applicable to citizens of the Host Country(ies).

Other Terms Applicable to SWANsat™ System or Satellite Usage.

Use of SWANsat™ satellite services requires the lease or purchase of a separate fourth generation wireless compatible handset or other device and is subject to any software, memory, storage or other limitation in the phone or other equipment. Not all applications and services work, or work the same, on all fourth generation wireless handsets , peripherals, and accessories , and they will generally not work on any third generation wireless handset, peripheral, accessory or device. You must check the materials accompanying your handset, peripheral, accessory or device to determine which applications and services it will support. SWANsat™ wireless services are not available while off the SWANsat™ network. Generally, all SWANsat™ email and personal SWANsite™ URLs may be accessed from any Internet terminal, whether wired or wireless. This paragraph may not be applicable to citizens of the Host Country(ies).

SWANsat™ is not responsible for any opinions, advice, statements, services applications or other information provided by third parties and accessible through the SWANsat™ system. Neither SWANsat™ nor its vendors or licensors guarantees the accuracy, completeness or usefulness of information that is obtained through the SWANsat™ wireless services. You are responsible for evaluating such content. Use of certain SWANsat™ wireless services, including some messaging services, may result in the disclosure to others of your email address and other information about you in connection with your internet usage. Your accessing of, or use of, third party sites or services accessible SWANsat™ wireless services may require the disclosure of information about you, subject to the policies of those sites and services. You consent to receiving advertising, warnings, alerts and other messages, including broadcast messages. Your access to SWANsat™ satellite services is controlled by a password.

SWANsat™ Voice.

SWANsat™ Voice is an optional service that allows you to initiate voice or data connections by using speech recognition technology. Calls to e911 or similar emergency numbers cannot be placed through the SWANsat™ Voice feature. Access for connections from your Number using the SWANsat™ Voice feature begin s when you press or activate the CONNECT or similar key(s) and end when your call is terminated by hitting the END key or by returning to the SWANsat™ Voice platform. Using Directory Assistance to input names into your SWANsat™ Voice address book may incur additional charges.

Invoicing.

Invoicing cycles are approximately 30 days in length. Invoicing cycles and dates may change from time to time. Except as otherwise provided in your Service Plan, monthly recurring charges (MRCs) are invoiced one invoicing cycle in advance. Charges for SWANsat™ Services are usually invoiced as soon as possible after the charges accrue. We may, however, invoice you for usage and charges occurring before the invoicing cycle being invoiced, if they were not previously invoiced. If you are invoiced for usage incurred during a prior invoicing cycle, those charges will be applied to your Service Plan for the current invoicing cycle. However, if you change your SWANsat™ Service Plan between the time the usage was incurred and the beginning of the current invoicing cycle, those charges from the prior invoicing cycle will be applied at the rate provided in the Service Plan in effect at the time the usage was incurred. Invoices are delivered by email to your SWANmail™ address only; invoices for SWANsat™ services will not be "snail mailed". This paragraph may not be applicable to citizens of the Host Country(ies).

Payment.

If you have authorized payment for Services or equipment by credit card or by debiting a bank account, no additional notice or consent is required before we invoice the credit card or debit the bank account for all amounts due to us or billed by us on behalf of a third party. You must promptly notify us of any change in your invoicing address or of the credit card or bank account used for payment. We reserve the right to require payment by money order, cashier’s check or other secured form of payment. If we take action to receive payment beyond invoicing you for charges for SWANsat™ Services or equipment, you must pay our costs and expenses of collection, including attorneys’ fees and expenses, the fees of any collection agency and court costs. If we act as an invoicing agent for a third-party service provider, payments received are first applied to amounts due and owing to us and any remaining amounts are applied to sums due and owing to the third-party service provider. We may immediately charge an additional fee for any check or other negotiable instrument endorsed by you and returned unpaid by a financial institution for any reason. You may be charged fees for certain methods of payment , not to exceed three percent (3%) of the billing amount . This paragraph may not be applicable to citizens of the Host Country(ies).

Late Payment Charges.

Payment is past due if we do not receive it by the due date shown on your invoice. Any payment for SWANsat™ Services and equipment not made when due accrues late charges until paid at the rate of 5% per month or at the highest rate allowed by law. Acceptance of late or partial payments (even if marked “paid in full”) does not waive our right to collect all amounts that you owe us. If your SWANsat™ Service has been suspended due to non-payment, you may be charged a reactivation fee. This paragraph may not be applicable to citizens of the Host Country(ies).

Disputed Charges.

You must raise any dispute that you have about any charges invoiced to you within 15 days of the date of the invoice or you have accepted the invoice. You may notify us of any dispute by notifying SWANsat Customer Service Solutions in writing by email to accountdisputes@swansat.com) or by postal delivery to the address set forth above. Telephone calls to our sales or general business offices are not notice of a dispute. If disputed invoice procedures are described on the invoice, you agree to follow them.

Account Spending Limit.

If we agree to provide SWANsat™ Services to you on an Account Spending Limit basis, we will tell you your Account Spending Limit before we start SWANsat™ Services to your Number, or as reasonably practicable after the limit is imposed. If we require a deposit for you to establish or keep SWANsat™ Services on an Account Spending Limit basis, we will hold the deposit as partial guarantee of payment for Services (see Deposits). Charges for Services accrue against your Account Spending Limit (ASL) as they are incurred. We may charge an initial ASL start up fee. We may charge a monthly ASL service fee, in addition to your recurring monthly service charge. We may suspend SWANsat™ Services to your Number without prior notice to you when your account balance reaches your Account Spending Limit. Services are restored when you have paid any past due balance and pay a specified minimum amount to reduce your account balance below your Account Spending Limit. We may change this minimum amount at any time upon notice to you. You may pay any past due balance and the minimum amount by any method authorized by SWANsat™. Contact SWANsat™ Customer Service Solutions at http://swansat.com for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services (1-888-SWANSAT) or live online chats with our customer care services. If we provide SWANsat™ Services to you on an Account Spending Limit basis, SWANsat™ Services and coverage may be limited in certain ways. You must pay all charges for SWANsat™ Services even if they exceed the amount of your Account Spending Limit. This paragraph may not be applicable to citizens of the Host Country(ies).

Clear Pay.

If we agree to provide SWANsat™ Services to you as a Clear Pay customer, we may suspend SWANsat™ Services to your Number without prior notice to you immediately when your bill becomes past due. Even if your bill is not past due, we may suspend services if your unpaid usage exceeds USD$200 or another amount to be determined by your past credit or usage history. If we require a deposit for you to establish or keep Services as a Clear Pay customer, we will hold the deposit as partial guarantee of payment for SWANsat™ Services (see Deposits, below). Contact SWANsat™ Customer Care for information about authorized methods of making these payments. We may charge you a fee for calls that involve our live customer care services. If we provide SWANsat™ Services to you on as a Clear Pay basis, SWANsat™ Services and coverage may be limited in certain ways. You must pay all charges for Services whether or not your SWANsat™ Services are suspended or terminated. This paragraph may not be applicable to citizens of the Host Country(ies).

Deposits.

If we require a deposit for you to establish or keep SWANsat™ Services, we will hold the deposit as partial guarantee of payment for SWANsat™ Services. We may change the deposit amount at any time to reflect revised estimated monthly charges based upon your usage. A deposit may not be used to pay any invoice (unless it is used to pay a final invoice) or delay payment. The deposit amount, the length of time we hold the deposit and changes to the deposit amount are determined based on your credit and payment history. The rate of interest, if any, on the deposit is subject to change. We may mix deposits with our other funds. If SWANsat™ Services are terminated for any reason, we may, without notice to you, apply your deposit toward payment of outstanding charges and return any excess to you at your last known address within 75 days after termination of SWANsat™ Services. If the postal service of the country or area in which your SAT code is located cannot deliver the money to you and returns it to us, we will hold it for you for one year from the date of return and, during that period, we may charge a servicing fee against the deposit balance. Any money held during this one-year period will not accrue interest for your benefit. You forfeit any portion of the money left after the one-year period, and SWANsat™ reserves the right to donate the proceeds to any charitable organization at the discretion of SWANsat™, including but not limited to, credits to any charitable organization for its use of SWANsat™ services or equipment. In short, if you abandon your deposit or overpayments, after holding them for one year with out being claimed by you, we reserve the right to donate them to charitable causes and you agree that we may do so. This paragraph may not be applicable to citizens of the Host Country(ies).

SWANsat™ Satellite and Voice Connections. SWANsat™ Satellite Services are part of the Services that can be obtained through SWANsat™. SWANsat™ Satellite Services may not be available everywhere. Use of SWANsat™ Satellite Services requires a SWANsat™ certified handset, peripheral, accessory or certain other equipment and is subject to any memory, storage or other limitation in the device. SWANsat™ Satellite Services are not available on standard cellular telephones or devices. The Caller ID blocking feature may not be available when using SWANsat™ Satellite Services. Any use of SWANsat™ Satellite Services may be deducted from your Service Plan. For data connections (including SWANsat™ Satellite Services and voice connections) that are attempted, but not completed, you are not charged for the connection attempt. You are charged for data sent while you are connected to the SWANsat™ Satellite Services or to voice connections, including data sent while browsing on the Internet or Voice Portal and reviewing or scrolling through Internet information on-line while still connected to the SWANsat™ system. Not all Internet sites can be accessed and you may receive an error message if you attempt to access a site that cannot be accessed through SWANsat™ Satellite Services. You are not charged for SWANsat™ Satellite Services connections to review your SWANsat™ account information. SWANsat™ Satellite Services are not available with all Service Plans. SWANsat™ is not responsible for any opinions, advice, statements, services or other information provided by third-parties and accessible through SWANsat™ Satellite Services or voice connections. Neither SWANsat™ nor its vendors or licensors guarantees the accuracy, completeness or usefulness of information that is obtained through the SWANsat™ Satellite Services or voice connections. You are responsible for evaluating such content.

Taxes and Surcharges.

We invoice you for taxes, fees and other charges levied by or remitted directly to federal, state or local authorities, or foreign governments on SWANsat™ Services including, without limitation, sales, gross receipts, use, and excise taxes. If you claim any tax exemption, you must provide us with a valid tax-exempt document. Any tax exemption applies only from the date we receive a valid tax-exempt document. This paragraph may not be applicable to citizens of the Host Country(ies).

We also invoice you for fees that we collect and remit to the government or the Host Country(ies), and for surcharges that we collect and keep to pay for the costs of complying with government mandates such as number pooling and portability, and Enhanced 911 service. These charges may be taxes or government imposed assessments. This paragraph may not be applicable to citizens of the Host Country(ies).

Roaming.

Some models of the SWANsat™ handset may include an integrated cellular telephone capability. Voice or data connections made through a cell system while you are not connected to the SWANsat™ Satellite system are “roaming” calls. Your cell phone capability, if present, is specifically designed and engineered to work only on a SWANsat™ approved cellular service provider. It may work on another CDMA provider’s system only when a roaming agreement is in place between our SWANsat™ cellular service provider and the other providers. Your SWANsat™ handset, if it includes an integrated cellular telephone capability, is a dual-mode device; it works on both a CDMA provider’s system and a wireless analog telecommunications provider’s system, and then only when roaming agreements are in place between SWANsat™ and the other providers. If we do not have a roaming agreement in place, connections made through a cellular service are NOT INCLUDED in your SWANsat™ Service Plan. You may be able to place roaming calls “manually” by using a valid credit card. If there is a gap or other interruption of coverage within a cellular coverage area that prevents connection with the SWANsat™ system and if your dual-band phone is set to roam automatically when outside SWANsat™ coverage, you may incur roaming fees within a cellular coverage area. Certain features and services may not be available when you are off the SWANsat™ system while roaming (including sending photos, voicemail, call waiting, call forwarding, etc.).

SWANsat™ Handsets and Other Equipment.

Your SWANsat™ handset is not a telephone. It is a Personal Internet Terminal with its own IP address which may be assigned or reassigned dynamically hundreds of times per hour during your connection as the needs of our SWANsat™ security system dictates. Strictly speaking, SWANsat™ does not provide voice telephony services as such are defined by applicable Rules of the Federal Communications Commission or of the International Telecommunications Union. Instead, SWANsat™ provides VOIP network connections. SWANsat™ handsets, peripheral devices, accessories and other equipment may be purchased and returned as provided in the purchase documents. SWANsat™ is not the manufacturer of the handsets, peripheral devices, accessories and other equipment. The only warranties on the handsets, peripheral devices, accessories and other equipment are any limited warranties extended by the manufacturers. We have no liability in connection with the handsets, peripheral devices, accessories and other equipment or for the manufacturers’ acts or omissions.

Lost or Stolen Equipment.

If your SWANsat™ handset is lost or stolen, you must notify us by calling SWANsat™ Customer Service Solutions at 1-888-SWANSAT or by emailing us at lossnotice@swansat.com. You are responsible for all charges for SWANsat™ Services provided to the Number for the lost or stolen equipment before you notify us of the loss or theft. We may activate the GPS tracking capability of your SWANsat™ handset in order to pinpoint the location of the device. If we inform you of the location of the device, you agree to hold us harmless from the consequences of your attempt to regain your device. We reserve the right not to inform you of the location of your device and, instead, we may inform the local police department on your behalf in lieu of informing you. If we do so, you agree that we may provide the local police department with your contact information. We may deactivate SWANsat™ Services to the Number upon notification to us of any loss or theft. You may be required to provide evidence of the loss or theft (for example, a police report or sworn statement). If the equipment is later found, we may require that you exchange it for another SWANsat™ handset or other equipment before we reactivate SWANsat™ Services (if we do reactivate Services), as well as require you to pay a reactivation fee. We will deactivate SWANsat™ Services to any Number without prior notice to you if we suspect any unlawful or fraudulent use of the Number. You agree to cooperate reasonably with us in investigating suspected unlawful or fraudulent use.

Messages.

You may incur data usage charges when accessing your voicemail from your SWANsat™ handset. You may also incur charges in accessing text messages from your SWANsat™ handset. At present, there is no way that you may access your voicemail from a land line telephone. We may impose limits on the number of voicemail or text message that can be retained through your SWANsat™ account. Audible or visual indicators of text or voicemail messages, including mailbox icons on your SWANsat™ handset, may not always provide an up to date indication of new messages. In certain instances, you may be required to manually reset or clear your mailbox indicator.

Caller ID.

If you do not want people you are contacting to receive the Number assigned to your SWANsat™ handset, you must contact SWANsat™ Customer Care for information about automatic SWANsat™ Connection ID blocking. The Number assigned to your SWANsat™ handset can be blocked on a per-call basis by dialing *67 + Destination Number + TALK (or similar key), but Caller ID delivery resumes on the next call you make. Caller ID display on incoming voice connections to your Number depends on receiving the information from the calling party.

TTY Access.

A TTY (also known as TDD or Text Telephone) is a telecommunications device that allows people who are deaf or hard of hearing, or who have speech or language disabilities, to communicate by telephone. TTY may not work with all SWANsat™ handsets. If you have a SWANsat™ TTY-capable phone, it may not function effectively, or at all, when attempting 911 or e911 connections due to the equipment or software of the answering agency. Therefore, a TTY device should not be relied on for 911 or e911 connections.

Pay-Per-Call Service.

SWANsat™ will not complete voice or data connections from your Subscriber Account Number to 900, 976 and similar numbers for pay-per-call services.

International Calling.

You may be limited in the international destinations that you can connect with SWANsat™ Services. You should contact SWANsat™ Customer Care for information about international destinations with which you are having trouble connecting .

Limitation of Liability.

Except as otherwise provided in this section, our sole liability to you for any loss or damage arising out of providing or failing to provide SWANsat™ Services (including mistakes, omissions, interruptions, delays, errors, or defects) does not exceed:

  1. In cases related to a specific piece of equipment, the prorated MRC for Services to the piece of equipment during the affected period, or

  2. In cases not related to a specific piece of equipment, the prorated MRCs for Services to you during the affected period.

Neither we nor our vendors, suppliers or licensors are liable for any damage arising out of or in connection with:

  1. Any act or omission of any telecommunications service or other service provider other than us;

  2. Any directory listing;

  3. Any dropped connections or inability to place or receive connections;

  4. Any interruption of Services, including interruptions caused by equipment or facilities failure or shortages, transmission limitations or system capacity limitations;

  5. Traffic or other accidents, or any health-related claims allegedly arising from the use of Services, handsets, peripherals, accessories or equipment used in connection with the Services;

  6. The use of SWANsat™ Services and its applications and services, including the accuracy or reliability of any information obtained from the Internet using SWANsat™ Services or from any other services, or Internet services, content or applications not supported by SWANsat™;

  7. Any late or failed message delivery;

  8. Any interruption or failure of 911 or E911 emergency services or identification of the Number, address or name associated with any person accessing or attempting to access emergency services from your phone;

  9. The installation or repair of any products or equipment by parties who are not our authorized employees or agents;

  10. Events due to factors beyond our control, including acts of God (including, without limitation, weather-related phenomena, fire or earthquake), war, terrorism, riot, strike, or orders of governmental authority;

  11. Any act or omission of any third party or independent contractor that offers products or services in conjunction with or through the Services; or

  12. Your negligent or intentional act or omission.

No Consequential or Other Damages. UNDER NO CIRCUMSTANCES IS SWANsat™ LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH PROVIDING OR FAILING TO PROVIDE SERVICES, HANDSETS OR OTHER EQUIPMENT USED IN CONNECTION WITH THE SERVICES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. THIS SECTION SURVIVES TERMINATION OF THIS AGREEMENT.

Indemnification.

You indemnify and defend SWANsat™, our partners, affiliated companies, directors, officers, employees and agents from and against any claim, action, damage, liability and expense arising out of or in connection with:

  1. Your acts or omissions that occur in connection with your use of the Services or equipment used in connection with the Services, and

  2. Any communications you make or receive using the Services.

This indemnification extends to and includes any attorney’s fees and costs incurred by us arising from any actions or claims to which this indemnification applies, or from the contesting of the applicability of this provision. This section survives termination of this Agreement.

MANDATORY ARBITRATION OF DISPUTES.

ANY CLAIM, CONTROVERSY OR DISPUTE OF ANY KIND BETWEEN THE SWANsat™ SUBSCRIBER AND THE COMPANY AND/OR ANY OF ITS EMPLOYEES, AGENTS, AFFILIATES OR OTHER REPRESENTATIVES, WHETHER SOUNDING IN CONTRACT, STATUTE, OR TORT, INCLUDING FRAUD, MISREPRESENTATION, FRAUDULENT INDUCEMENT, OR ANY OTHER LEGAL OR EQUITABLE THEORY AND REGARDLESS OF THE DATE OF ACCRUAL OF SUCH CLAIM, CONTROVERSY OR DISPUTE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION AS PRESCRIBED IN THIS SECTION. THE U.S. FEDERAL ARBITRATION ACT, NOT STATE LAW, GOVERNS THE QUESTION OF WHETHER A CLAIM IS SUBJECT TO ARBITRATION. HOWEVER, NOTHING CONTAINED IN THIS ARBITRATION PROVISION SHALL PRECLUDE THE CUSTOMER FROM RESOLVING ANY CLAIM, CONTROVERSY OR DISPUTE IN SMALL CLAIMS COURT HE OR SHE OTHERWISE WOULD HAVE THE RIGHT TO PURSUE, PROVIDED, HOWEVER, THE JURISDICTION OF THE SMALL CLAIMS COURT SHALL BE FILED IN THE CITY OF CHEYENNE IN THE STATE OF WYOMING IN THE UNITED STATES OF AMERICA.

A single arbitrator engaged in the practice of law will conduct the arbitration. The arbitrator will be selected according to the rules of CPR or, alternatively, may be selected by agreement of the parties, who shall cooperate in good faith to select the arbitrator. The arbitration will be conducted by, and under the then-applicable rules of the CPR Institute for Dispute Resolution. All expedited procedures prescribed by the applicable rules will apply. Any required hearing fees and costs shall be paid by the parties as required by the applicable rules or as required by applicable law, but the arbitrator shall have the power to apportion such costs as the arbitrator deems appropriate. The arbitration proceeding may be conducted by telephone, by teleconference, or over the SWANsat™ system, as deemed appropriate by the arbitrator.

The arbitrator’s decision and award will be final and binding (subject to the appeal clause below). Judgment on the award rendered by the arbitrator against SWANsat™ must be entered in the court of jurisdiction in Cheyenne, Wyoming. Judgment against a Subscriber may be entered in the court of jurisdiction in the county, state or country of the Subscriber.

An appeal may be taken under the CPR Arbitration Appeal Procedure from any final award of any arbitral panel in any arbitration arising out of or related to this agreement that is conducted in accordance with the requirements of such Appeal Procedure. Unless otherwise agreed by the parties and the appeal tribunal, the appeal shall be conducted at the place of the original arbitration. The appeal proceeding may be conducted by telephone, by teleconference, or over the SWANsat™ system, as deemed appropriate by the arbitrator.

If any party files a judicial or administrative action asserting a claim that is subject to arbitration and another party successfully stays such action or compels arbitration, the party filing that action must pay the other party’s costs and expenses incurred in seeking such stay or compelling arbitration, including attorney’s fees.

Notices.

Our address for written notice is set forth above. Written notice to you is sent to your last known address in our invoicing records. Written notice is effective three days after deposit in the U.S. mail, postage prepaid, and properly addressed. Unless required by this Agreement or Applicable Laws:

  1. You may notify us by calling SWANsat™ Customer Care at 1-888-SWANSAT or by emailing us at accountdisputes@swansat.com and

  2. We may notify you by leaving a message for you on your SWANsat™ voice mail, on your answering machine (if you have one on any telephone number you have provided to us) or with your answering service (if you have an answering service).

  3. Notice addresses may be changed by giving notice as provided in this section.

Choice of Law and Jurisdiction.

This Agreement is governed by and must be construed under federal law and the laws of the State of Wyoming, without regard to choice of law principles.

General.

If either of us does not enforce any right or remedy available under this Agreement, that failure is not a waiver of the right or remedy for any other breach or failure by the other party. Our waiver of any requirement in any one instance is not a general waiver of that requirement and does not amend this Agreement. This Agreement is subject to any applicable international, federal, and state law (collectively, “Applicable Laws”), with the terms of law of the International Telecommunications Union treaty taking precedence over U.S. federal, state or local law AND the Rules of the Ministries of Telecommunications for the Host Country(ies) taking precedence over U.S. federal, state,  or local law and ITU treaties. If any part of this Agreement is held invalid or unenforceable, that part is interpreted consistent with Applicable Laws as nearly as possible to reflect the original intentions of the parties and the rest of this Agreement remains in full force and effect. Section headings are for descriptive purposes only and are not used to interpret this Agreement. You may not assign this Agreement to any other person or entity without our prior written approval. This Agreement (including any referenced documents and attachments) makes up the entire agreement between you and us and replaces all prior written or spoken agreements, representations, promises or understandings between you and us. The provisions of this Agreement that are contemplated to be enforceable after the termination of this Agreement survive termination of this Agreement. If there is a conflict, the Service Plan (including any Term Service Plan) controls over the Terms.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.TERMINATION OF ACCESS

SWANsat™ may terminate your access to all or part of this Internet site without notice, for any conduct that SWANsat™, in its sole discretion, believes to be harmful to individual Subscribers, SWANsat™ or any of its affiliates, or any rights of SWANsat™ or any third party, or to violate applicable laws.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.CHANGE IN INTERNET SITE OR
IN SUBSCRIBER AGREEMENT

This Internet site is subject to change without prior notice and your use of this site after a change means that you have agreed to that change. SWANsat™ may modify this Subscriber Agreement at any time by posting the revised agreement on the Internet site. Any revised Subscriber Agreement is effective upon the Subscriber accessing this Internet site.

Back to top     How do I sign up?    Back to SWANsat™ Home Page

Go to top.SWANsat™ eMAIL and MySWANmail™ Services

The following are the terms and conditions for use of the SWANsat™ eMail services ("SWANmail™") including without limitation email and other services which may be offered from time to time by SWANsat™ for use with your SWANsat™ Subscriber Account Number or username (each feature individually and collectively referred to as the “Service”). Please read them carefully. This Service is provided to individuals who are at least 18 years old or minors who have parental permission to open and maintain an account. BY CLICKING THE “I ACCEPT” BUTTON AND COMPLETING THE REGISTRATION PROCESS, YOU ARE STATING THAT YOU ARE ELIGIBLE FOR AN ACCOUNT AND THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (the “Terms”). The SWANsat™ Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.

Member account, password, and security.

To open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form. You then will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and username. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify SWANsat™ immediately of any unauthorized use of your account or any other breach of security.

Member privacy.

It is the policy of SWANsat™ to respect the privacy of its members. SWANsat™ will not monitor, edit, or disclose any personal information about you or your use of the SWANsat™ Service, including its contents, without your prior permission unless SWANsat™ 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 SWANsat™;

  3. Enforce the Terms of Service; or

  4. Act to protect the interests of its members or others.

SWANsat™ does provide certain Subscriber information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account. For more information, see the SWANsat™ Privacy Statement. You agree that SWANsat™ may access your account, including its contents, as stated above or to respond to service or technical issues.

Message storage, outbound messages and other limitations.

The amount of email storage space per member is limited. Please visit our FAQs for more information. Some email messages may not be processed due to space constraints or outbound message limitations. You agree that SWANsat™ is not responsible or liable for the deletion or failure to store messages or other information.

Member conduct.

As a condition of your use of the SWANsat™ Service, you warrant to SWANsat™ that you will not use the SWANsat™ Service for any purpose that is unlawful or prohibited by these terms, conditions, and notices. Unless otherwise indicated through a separate Corporate Use Agreement, the SWANsat™ Service is provided to individuals only and for personal use only. You agree to use the Service only to send and receive personal messages. Any unauthorized commercial use of the SWANsat™ Service, or the resale of its services, is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your username or password, including the content of your transmissions through the SWANsat™ Service. By way of example, and not as a limitation, you agree not to:

  1. Use the SWANsat™ Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise);

  2. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

  3. Publish, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or information;

  4. Advertise or offer to sell or buy any goods or services for any non-personal purpose;

  5. Harvest or otherwise collect information about others, including email addresses, without their consent;

  6. Create a false identity for the purpose of misleading others as to the identity of the sender or the origin of a message;

  7. Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity that is not a Subscriber any directory of the Service members or other Subscriber or usage information or any portion thereof other than in the context of your use of the Service as permitted under the Terms of Service;

  8. Transmit or upload any material that contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;

  9. Transmit or upload any material that contains software or other material protected by intellectual property laws, rights of privacy or publicity or any other applicable law unless you own or control the rights thereto or have received all necessary consents (including, without limitation any files that consist of music, video or motion pictures);

  10. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;

  11. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.;

  12. Violate any applicable laws or regulations including, without limitation, laws regarding the transmission of technical data or software exported from the United States through the Service;

  13. Interfere with another Subscriber’s use and enjoyment of the Service or another individual’s or entity’s use and enjoyment of similar services.

SWANsat™ has no obligation to monitor the Service or any Subscriber’s use thereof or retain the content of any Subscriber session. However, SWANsat™ reserves the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request. SWANsat™ may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.

SWANsat™ may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the SWANsat™ Service for an extended period of time, as determined by SWANsat™ . The amount of time that SWANsat™ currently considers as an “extended” period of time may be viewed in our FAQs Upon termination of the SWANsat™ Service, your right to use the SWANsat™ Service immediately ceases. If you wish to terminate your account, your only recourse is to discontinue the use of the SWANsat™ Service. SWANsat™ shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party.

Links to Third Party Sites.

THE LINKS INCLUDED WITHIN THE SERVICE MAY LET YOU LEAVE THE SERVICE WEB SITES (“LINKED SITES”). THE LINKED SITES ARE NOT UNDER THE CONTROL OF SWANsat™ AND SWANsat™ IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. SWANsat™ IS NOT RESPONSIBLE FOR WEBCASTING, iPODCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. SWANsat™ IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY SWANsat™ OF THE SITE OR ANY ASSOCIATION WITH THEIR OPERATORS.

Disclaimers and Limitation of liability.

SWANsat™ does not represent or warrant that the SWANsat™ Service will be uninterrupted or error-free, that defects will be corrected, or that the SWANsat™ Service or the servers that makes it available, are free of viruses or other harmful components. SWANsat™ does not warrant or represent that the use or the results of the use of the SWANsat™ Service or the materials made available as part of the SWANsat™ Service will be correct, accurate, timely, or otherwise reliable.

You specifically agree that SWANsat™ 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 the SWANsat™ Service. You specifically agree that SWANsat™ 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 SWANsat™ is not responsible for any content sent using and/or included in the SWANsat™ Service by any third party.

SWANsat™ AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SWANsat™ SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. SWANsat™ AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL SWANsat™ 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 THE SWANsat™ SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE TO PROVIDE SWANsat™ SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SWANsat™ SERVICE, OR OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF SWANsat™ OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. FURTHER, YOU EXPRESSLY AGREE TO HOLD SWANsat™, ITS AFFILIATED COMPANIES, AGENTS, ASSIGNS AND EMPLOYEES HARMLESS FROM THE ACTIVITIES OF INDIVIDUALS WHO MAY USE THE SWANsat™ SYSTEM TO CONTACT OR HARM YOU OR ANYONE USING OR RELYING ON THE SWANsat™ SYSTEM. BECAUSE SOME COUNTRIES, STATES, OR 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 THE SWANsat™ SERVICE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SWANsat™ SERVICE AND ITS RELATED WEB SITES.

Indemnification.

You agree to indemnify and hold SWANsat™, its parents, subsidiaries, affiliates, officers and employees, agents and assigns 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 the SWANsat™ Service.

No spam; damages.

SWANsat™ 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 SWANsat™ liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account; otherwise you agree to pay the actual damages of SWANsat™, to the extent such actual damages can be reasonably calculated.

Participation in promotions of advertisers.

Any dealings with Advertisers on the SWANsat™ Service 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. SWANsat™ shall not be responsible or liable for any part of any such dealings or promotions.

Proprietary rights to content.

You acknowledge that content, including but not limited to text, software, music, sound, motion picture and video programs, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information presented to you by the Service, by SWANsat™, or it s Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may make a copy of this content for your personal, non-commercial use only, provided that you keep all copyright and other proprietary notices intact. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the SWANsat™ Service and its associated Web sites, including code and software.

Modifications to terms of service, member policies.

SWANsat™ reserves the right to change the Terms of Service or policies regarding the use of the Service at any time and to notify you by posting an updated version of the Terms of Service on this Web site. You are responsible for regularly reviewing the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes.

General.

This agreement is governed in order of jurisdiction noted herein by the laws of the Host Country(ies), the laws of the State of Wyoming, and the laws of the United States of America. Use of the SWANsat™ Service 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 SWANsat™ as a result of this agreement or use of the Service. The performance by SWANsat™ of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the right of SWANsat™ to comply with governmental, court and law enforcement requests or requirements relating to your use of the SWANsat™ Service or information provided to or gathered by SWANsat™ 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 Subscriber and SWANsat™ with respect to the SWANsat™ Service (excluding the use of any software which may be subject to an end-user license agreement) and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the Subscriber and SWANsat™ with respect to the SWANsat™ Service. 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. You and SWANsat™ agree that any cause of action arising out of or related to the SWANsat™ Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the Terms of Service are solely used for the convenience of the parties and have no legal or contractual significance.

Trademarks.

SWANsat™, SWANsat™ Satellite Service, SWANsat™ eMail, MySWANmail™, SWANsite™, MySWANsite™ and/or all other SWANsat™ products and services referenced herein are either trademarks or registered trademarks of SWANsat Holdings, LLC or its affiliates. The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

Privacy policy.

SWANsat™ and its vendors (collectively “SWANsat™”) take measures on several fronts to protect your messages from being read by third parties without your explicit permission. In our application, SWANsat™ uses some of the latest Internet technology to ensure that your data is only accessible to you by using your password and username; our technology is built to prevent access by third parties.

E-mail is private correspondence between the sender and the recipient. SWANsat™ strictly respects the privacy of its Subscribers. Therefore, SWANsat™ will not sell, provide, or transfer the Subscriber’s personally identifiable information to third parties.

In the event of your death, if you wish your spouse, adult children, other family member, attorney, or any other individual (a "disclosee") to access your account, you must grant SWANsat™ permission via an email sent from your MySWANmail™ account by you to posthumousaccess@swansat.com prior to your death instructing us to disclose the password to your account to the disclosee. Prior to releasing the password to your disclosee, we may require the disclosee to submit to us valid and current identification, such as (but not necessarily limited to) a driver's license, passport, proof of relationship (birth or marriage certificate with the disclosee's name on the certificate), or a legal retainer agreement between you and the requesting party.

Except for valid posthumous access requests, SWANsat™ will not monitor, edit, or disclose the contents of a Subscriber’s private communications unless required to do so by law or in the good faith belief that such action is necessary to:

  1. Conform to the edicts of the law or comply with legal process served on SWANsat™;

  2. Protect and defend the rights or property of SWANsat™; or

  3. Act under exigent circumstances to protect the personal safety of SWANsat™ Subscribers or the public.

SWANsat™ does provide certain Subscriber information in aggregate form to third parties, including its advertisers, for demographics. In addition, your Internet Protocol address is transmitted with each message sent from your account.

The Subscriber acknowledges and agrees that the above privacy policy does not apply to certain technical processing of messages and their content in order to:

  1. Send and receive messages;

  2. Conform to connecting networks’ technical requirements;

  3. Conform to the limitations of the Service; or

  4. Conform to other similar requirements.

Back to top     How do I sign up?    Back to SWANsat Home Page