The following Terms of Access constitute a legal agreement between you and EXOSTAR. By using the EXOSTAR EXCHANGE, you represent and warrant that: (i) you have or that an appropriate representative of your company has read, understand and agree to be bound by the EXOSTAR Terms and Conditions, Privacy Policy and one or more SERVICE ADDENDA or SERVICE AGREEMENTS (together, the “Agreement“), and you agree to comply with the terms and conditions contained therein; and (ii) you are duly authorized to use the EXOSTAR EXCHANGE. If you do not agree to these Terms of Access, you cannot use the EXOSTAR EXCHANGE. EXOSTAR may amend these Terms of Access from time-to-time. Any amended Terms of Access will be posted on the EXOSTAR EXCHANGE and will become effective upon posting. You agree to periodically review these Terms of Access for any amendments. Your continued use of the EXOSTAR EXCHANGE after posting shall constitute your acceptance of and agreement to be bound by the amended Terms of Access. If you do not agree to any amendments, you agree to terminate your use and access to the EXOSTAR EXCHANGE. Capitalized terms herein shall have the meanings ascribed to them herein or in the Agreement.
1. ACCEPTABLE USE. You agree to: (a) use the EXOSTAR EXCHANGE only for lawful purposes and in compliance with all applicable Laws, including without limitation, any export control Laws, antitrust and competition Laws and privacy Laws, (b) use the EXOSTAR EXCHANGE, as an authorized user, only for the purposes set forth in the Agreement; (c) take all necessary precautions to ensure that all user content or other information, data or material provided by you does not contain any items, links, descriptions or information prohibited in the Agreement or these Terms of Access; (d) take all precautions necessary to maintain the secrecy and security of your Passwords and user IDs and be solely responsible for any use or misuse of your Passwords and user IDs; and (e) comply with any and all applicable rules governing transactions on and through the EXOSTAR EXCHANGE.
2. PROHIBITED ACTIVITIES. You agree not to: (a) use any systems or techniques, or engage in any activities or practices that disrupt, circumvent or otherwise interfere with the operation of the EXOSTAR EXCHANGE or EXOSTAR’s right to or interest in any Fees; (b) violate the privacy rights of other users; (c) allow or permit access to or use of the EXOSTAR EXCHANGE or any component thereof by any third parties (who are not authorized users), or for any unlawful purpose; and (d) engage in any conduct that violates the Agreement or these Terms of Access or that, in EXOSTAR’s sole and absolute discretion, restricts, inhibits or impacts any other user from using or enjoying the EXOSTAR EXCHANGE.
3. COPYING EXOSTAR. The EXOSTAR EXCHANGE contains, trademarks, service marks, logos, copyrights and other content owned by EXOSTAR or third parties (“EXOSTAR Content“). As between you and EXOSTAR, EXOSTAR is sole owner of all EXOSTAR Content. Unless otherwise provided herein or in the Agreement, you may not: (a) alter or tamper in any way with the software, look and feel or functionality of the EXOSTAR EXCHANGE or EXOSTAR Content; (b) reproduce, copy, translate, modify, adapt, distribute, transmit, transfer, republish, modify, compile or decompile, reverse engineer, distribute, transmit, display, remove or delete EXOSTAR Content or the content and information provided by third party licensors or other users; (c) allow unauthorized disclosure or copying of any part of the EXOSTAR EXCHANGE, EXOSTAR Content or any information obtained from the EXOSTAR EXCHANGE; and (d) download or otherwise copy any EXOSTAR Content, in whole or in part, for any purpose. You may print a copy of a web page from the EXOSTAR EXCHANGE for your own personal use, provided that you agree not to remove any marks, logos, legends or the like from such copies.
4. PROHIBITED POSTINGS. You shall not post on or otherwise transmit via the EXOSTAR EXCHANGE any item, link, description or information that: (a) is or may be false, inaccurate or misleading; (b) is or may be fraudulent or involve the sale of counterfeit or stolen items; (c) is or may be a bulk e-mail list; (d) involves the sale of government licenses; (e) involves the sale of stocks or other securities; (f) links to or provides other listings (other than links specifically approved of by EXOSTAR in advance) or auction sites that offer the same or similar goods or services; (g) misappropriates or infringes upon the rights of any third party, including without limitation, any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (h) violates any applicable Laws, including without limitation, those governing export control, consumer protection, unfair competition, antitrust and competition, anti- discrimination or false advertising; (i) is or may be obscene, indecent or contains pornography; (j) is or may be defamatory, trade libelous, threatening or harassing; (k) contain any viruses, time bombs, trojan horses, worms, or other computer programming routines that may damage or interfere with the operations of the EXOSTAR EXCHANGE or any system, data or information pertaining to the EXOSTAR EXCHANGE or any user; (l) EXOSTAR deems inappropriate for the EXOSTAR EXCHANGE; or (m) link, directly or indirectly, to or include descriptions of goods or services that are prohibited by the Agreement or these Terms of Access.
5. NO ADVERTISEMENTS AND BONUS, GIVEAWAYS, RAFFLES AND PRIZES. Unless previously approved by EXOSTAR, you may not include in any information, materials or data provided by you to the EXOSTAR EXCHANGE, any form of Advertising. For purposes of the foregoing, the term “Advertising” includes, without limitation: (a) listings for goods or services not being sold through or facilitated directly by the EXOSTAR EXCHANGE; (b) listings that, rather than describing an item for sale, direct users to other sources or listings on the EXOSTAR EXCHANGE, another website or internet trade exchange or in another media (off-line or on-line); and (c) advertisements for “want to buy” or “want to trade” items and the like.
6. NO INTERFERENCE WITH THE EXOSTAR EXCHANGE. You shall not disturb or interfere with the operation of the EXOSTAR EXCHANGE in any manner, including without limitation, by imposing an unreasonable or disproportionate burden on the network, software or hardware infrastructure of the EXOSTAR EXCHANGE.
7. NO MANIPULATION. You are prohibited from manipulating, by any means, the price of any goods or services offered on the EXOSTAR EXCHANGE (including without limitation, through the use of an alias or decoys or by placing false offers for the sale or purchase of goods or services). Furthermore, you shall not disrupt or otherwise interfere in any way with another user’s participation on the EXOSTAR EXCHANGE.
8. ANONYMOUS TRANSACTIONS. Certain Service Offerings may offer transactions in which you may participate on an anonymous basis. Unless you elect to participate on an anonymous basis, you must use only your real name when interacting with others on the EXOSTAR EXCHANGE. You are solely responsible for choosing appropriate users with whom or which to transact business.
9. REGISTRATION. Only registered users are permitted to sell or buy goods and services through various services offered from time-to-time on the EXOSTAR EXCHANGE (“Service Offering“). You must also separately register on and be approved to participate, as applicable, in any or all of the Service Offerings. By participating in a Service Offering, you represent and warrant that you have read and agree to the terms and conditions of the Agreement.
10. TERMINATION OF ACCESS. EXOSTAR shall have the right to terminate, limit or suspend your access to all or any part of the EXOSTAR EXCHANGE at any time, with or without notice, for any reason, including without limitation, for any conduct that EXOSTAR believes is in violation of these Terms of Access or any applicable Laws or is harmful to the interests of another user, any third party or the EXOSTAR EXCHANGE.
11. LINKS TO THIRD PARTY WEBSITES. The EXOSTAR EXCHANGE may provide links or references to other sites and trading exchanges. Unless otherwise expressly stated, EXOSTAR does not endorse companies, products or the trading exchanges to which it has provided links. Any links to other sites and trading exchanges are provided merely as a convenience to you and, if you decide to access any of the third party sites and trading exchanges linked to the EXOSTAR EXCHANGE, you do so entirely at your own risk. EXOSTAR reserves the right to terminate any link or linking program at any time. Unless otherwise approved of in advance by EXOSTAR, you agree not to: (a) provide or create a link to the EXOSTAR EXCHANGE; (b) create any frames at any other sites pertaining to any of the content located at the EXOSTAR EXCHANGE; or (c) provide or create any links in your user Content, or other information, data or material provided by you to or from the EXOSTAR EXCHANGE, to or from web pages or web sites outside the EXOSTAR EXCHANGE.
12. REPORTING OF COPYRIGHT INFRINGEMENTS. The following procedure shall be followed regarding the reporting of copyright infringement claims:
A. A formal notice of copyright infringement must be filed and must contain the following information: (i) name of person/entity complaining, including contact information; (ii) identification and location of infringing material; (iii) a statement citing a good faith belief that the material is infringing; and (iv) a statement made that the information contained in the complaint is accurate and that the complaint is authorized by the copyright holder.
B. Any notice of copyright infringement for claims related to the EXOSTAR EXCHANGE must be sent to:
EXOSTAR LLC
2325 Dulles Corner Boulevard
Suite 600
Herndon, VA 20171
Attn: Office of the General Counsel
contracts@exostar.com
13. UPDATES. The content published on the EXOSTAR EXCHANGE may include technical inaccuracies or typographical errors. Changes may be made periodically and at any time to the content of the EXOSTAR EXCHANGE. EXOSTAR may also make improvements or changes in the services or the programs or policies of the EXOSTAR EXCHANGE at any time without notice to you.
