Version 1.0 – last amended 13 July 2016

Master Terms and Conditions for Use and Sale of Services and Equipment for COMSAT, Inc.
1. Undertaking of COMSAT
1.1. Scope
1.1.1.COMSAT Services consist of providing facilities and services for the provision of Earth
Segment and/or Space Segment telecommunications between Terminals and other points
as set forth herein, or the resale of such service.
1.1.2.Earth Segment and /or Space Segment service to or from international points may be
regulated or restricted by the laws and regulations of the relevant national authorities.
1.1.3.Except as otherwise provided herein, COMSAT does not generate or initiate
telecommunications but offers Customers the use of its facilities and /or services for the
transmission of telecommunications by such customers.
1.1.4.Except as otherwise provided, the COMSAT Services referred to herein include, but are not
limited to, those provided using the facilities and/or services of COMSAT, Inmarsat, Iridium
and/or Thuraya.
1.1.5.The sale or lease of Equipment consists of the sale or lease of terminals, antennae and
related accessories for use in conjunction with COMSAT Services.
1.2. Availability of Services
COMSAT Services are furnishes subject to availability of facilities, transmission capability,
satellite coverage, satellite viability, atmospheric and like limitations. COMSAT shall have sole
discretion for selection of the satellite systems and Teleports used to provide COMSAT Services.
Should it become necessary for COMSAT to changes the Satellite Service Provider or Teleport
through which the COMSAT Services are provided, COMSAT shall not be responsible for any
costs associated with the realignment, recalibration or reconfiguration of Equipment and/or
Customer Equipment.
1.3. Service Coverage
The coverage area refers to the geographic area where COMSAT Services can be obtained.
Coverage maps for COMSAT Services, as provided by the Satellite Service Provider, are available
at www.comsat.com. COMSAT disclaims any liability for any inaccuracies in such maps.
1.4. Priority of Services
Where applicable, the use and restoration of Earth and/or Space Segment services shall be in
accordance with Part 64 Subpart D of the U.S. FSS’s Rules and Regulations (specifying the
priority system for such activities), or the comparable regulations of such other national
COMSAT, Inc. Master Terms and Conditions, Version 1.0 – last amended 13 July 2016
administration that has jurisdiction over the provision and use of the COMSAT Services in
question.
1.5. Limitations on Duration of Connections
COMSAT reserves the right to limit the provision of COMSAT Services or to discontinue
furnishing any service when necessary or appropriate due to shortage of facilities, distress or
any other emergency situations, or other events, occurrences, or conditions beyond its
reasonable control.
2. Inspections
COMSAT may, for the protection of the relevant network, make such tests and inspections as may
be necessary to determine that the requirements hereunder are being complied with in the
operation of the Equipment, and/or Customer Equipment. COMSAT may interrupt Earth Segment
and/or Space Segment service at any time because of a departure from any of these requirements.
3. General Use of Services and Equipment
Use of Space Segment and/or Earth Segment shall be in accordance with any additional terms and
conditions that may be imposed by the Satellite Service Provider.
3.1. Abuse or Unlawful or Fraudulent Use
Earth Segment and/or Space Segment service (or the resale thereof) and Equipment are
furnished subject to the condition that there will be no abuse or unlawful or fraudulent use
thereof. Abuse or unlawful or fraudulent use includes but is not limited to:
3.1.1.The use of Earth Segment and/or Space Segment service or facilities owned by COMSAT or
by the Satellite Service Provider or Equipment to transmit a message or to locate a person
or otherwise to give or obtain information, without payment of the charge applicable for
such use;
3.1.2.The obtaining, or attempting to obtain, or assisting another to obtain or to attempt to
obtain, Earth Segment and /or Space Segment service by rearranging, tampering with, or
making connection with any facilities of COMSAT or the Satellite Service Provider, or by
any trick, scheme, false representation, or false credit device, or by or through any other
fraudulent means or device whatsoever, with the intent to avoid the payment, in whole or
in part, of the regular charge for such Earth Segment and/or Space Segment service;
3.1.3.The use of Earth Segment and/or Space Segment service of facilities of COMSAT or the
Satellite Service Provider or Equipment for a call or calls, or transmission of information,
anonymous or otherwise, if in a manner reasonably to be expected to frighten, abuse,
torment, or harass another;
COMSAT, Inc. Master Terms and Conditions, Version 1.0 – last amended 13 July 2016
3.1.4.The use of Earth Segment and/or Space Segment service or Equipment to attempt to
transmit, distribute or store 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, or otherwise
violate applicable laws;
3.1.5.The use of Earth Segment and/or Space Segment service or Equipment in any manner that
would infringe, dilute, misappropriate, or otherwise violate privacy, publicity, or other
personal rights and intellectual property rights, including but not limited to, copyrights and
laws protecting patents, trademarks, trade secrets or other proprietary information;
3.1.6.Violation of any applicable laws or regulations including, but not limited to , laws regarding
the transmission of technical data ot software exported from the country of call
origination through a service of COMSAT;
3.1.7.The use of Earth Segment and/or Space Segment service or Equipment in such a manner as
to interface unreasonable with the use of said service by one or more other customers;
or
3.1.8.Any modification of any Equipment that is not approved by COMSAT.
3.2. Suspension of Service
COMSAT reserves the right to suspend the COMSAT Services for operational reasons or in an
emergency or when instructed to do so by any competent regulatory, administrative or judicial
authority. This includes any period in which operation of the Equipment and/or Customer
Equipment degrades the performance of the COMSAT Services beyond COMSAT’s acceptable
operational parameters, including satellite interference. Customer shall obtain and maintain all
permits, licenses, authorizations, and other approvals required for the provision of Earth
Segment and/ or COMSAT Services. If the Equipment and/or Customer Equipment are found to
be not operating in compliance with national and/or international regulations, Customer
further acknowledges that COMSAT has the right to suspend service until compliance is
established.
3.3. Use of Facilities
Any Customer Equipment or other facility that is connected to or used in conjunction with, the
facilities of COMSAT or the Satellite Service Provider shall have characteristics and shall be
operated so that it does not interfere with other services provided over any facilities of
COMSAT or the Satellite Service Provider. Any required protective apparatus shall be provided
by the Customer or COMSAT at the Customer’s expense.
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3.4. Intellectual Property Rights and Use of Name or Marks
3.4.1.The use of COMSAT Services or Equipment in no way grants a right, title, or interest in any
patent, trademark, copyright or any other intellectual property right of COMSAT or any
third party licensor, provider, or supplier.
3.4.2.Use of the COMSAT name or any COMSAT mark or the name or mark of any third party
licensor, provider, or supplier in any advertising, publicity, or in any other commercial
manner is prohibited without the prior written consent of COMSAT or the third party
licensor, provider, or supplier, as applicable.
4. Use of IP Services
4.1. System Management and Service Performance
The Customer is solely responsible for obtaining, installing, configuring, and maintaining
suitable equipment and software, including any necessary system or software upgrades,
patches or other fixes, that are or may become necessary to access the COMSAT Services and
to operate the Equipment and/or Customer Equipment.
4.2. Data Management and Responsibility
The Customer is responsible for management of Customer’s information, including but not
limited to back-up and restoration or data (for example, address book and calendaring
information), erasing data from disk space Customer controls and changing data on or settings
for Customer Equipment. COMSAT is not responsible for the loss of Customer’s data or for the
back-up or restoration of Customer’s data regardless of whether this data is maintained on
COMSAT’s servers or on the Customer Equipment.
4.3. Security
The Customer is responsible for development and maintenance of any security procedures
Customer deems appropriate, such as logon security and encryption of data, User ID, alias, and
password on Equipment and Customer Equipment. COMSAT is not responsible in the event that
any party changes the information on Customer’s account, including without limitation,
Customer’s alias, User ID, password, or security information. COMSAT STRONGLY
RECOMMENDS THE USE (AND APPROPRIATE UPDATING) OF COMMERCIAL ANTI-VIRUS,
FIREWALL, AND ANTI-SPY SOFTWARE, AS WELL AS THE USE OF ANTI-SPAM EMAIL SOFTWARE
AND FREQUENT PATCHING OF ANY GENERAL USE SOFTWARE. COMSAT disclaims all liability for
any damages that may occur as a result of spam or spam filters, viruses, spyware or any other
type of malicious code or software. Customer acknowledges that COMSAT may change
password(s) on Equipment without prior notification.
4.4. Use of IP Address
COMSAT, Inc. Master Terms and Conditions, Version 1.0 – last amended 13 July 2016
To enable the provision of COMSAT Services, COMSAT may provide Customer with a static or
dynamic IP address. IP addresses are a finite resource and COMSAT must ensure the most
efficient use of each address. Accordingly, Customer agrees to the following:
4.4.1.COMSAT’s assignment of a static IP address to a Customer does not create any property
rights in the Customer to that particular IP address.
4.4.2.COMSAT reserves the right, at any time, to request that a Customer provide justification,
to COMSAT’s satisfaction, as to why Customer requires a static IP address assignment.
4.4.3.COMSAT reserves the right to reclaim a static IP address from Customer and to assign
Customer a different address, either static or dynamic. COMSAT shall not be liable for any
damage that may occur to Customer or Customer Equipment as a result of such action.
4.5. COMSAT Network
For the purposes of backup and maintenance, COMSAT may use, copy, display, store, transmit,
translate, rearrange, reformat, view and distribute Customer’s information to multiple COMSAT
servers. COMSAT does not guarantee that these procedures will prevent the loss of, alteration
of or the improper access to, Customer’s information.
4.6. Monitor of Network Performance
COMSAT automatically measures and monitors network performance and the performance of
Customer’s Internet connection and the COMSAT network. COMSAT also may access and
record information about Customer Equipment and settings and the installation of software
COMSAT provides in order to provide customized technical support. Customer agrees to permit
COMSAT to access and record such data for the purposes described herein. COMSAT does not
share such information collected for the purpose of network or computer performance
monitoring or for providing customized technical support outside of COMSAT or its authorized
vendors, contractors and agents. Customer acknowledges and consents to COMSAT’s
monitoring of Customer’s Internet connection and network performance, and the access to and
adjustment of Customer’s computer settings, as they relate to the COMSAT Service, software,
or other services which COMSAT may offer from time to time.
4.7. Limitations of VoIP Emergency Services
This section applies only to COMSAT Customers physically located in the United States and
using COMSAT Services provided via COMSAT’s Southbury, Connecticut or Santa Paula,
California Teleports.
COMSAT’s VoIP emergency services may not be available or may be limited in comparison to
traditional E911 service. Customer agrees to the following:
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4.7.1.VoIP EMERGENCY SERVICES WILL NOT OPERATE DURING A POWER OUTAGE. Once power
is restored, the Customer may be required to reset or reconfigure its equipment before
the VoIP service can be used to contact 911 emergency services.
4.7.2.VoIP EMERGENCY SERVICES WILL NOT OPERATE IF THE CUSTOMER’S INTERNET
CONNECTION IS DISRUPTED OR IF THE CUSTOMER’S VoIP SERVICE HAS BEEN SUSPENDED
FOR ANY REASON.
4.7.3.VoIP EMERGENCY SERVICES MAY BE DELAYED OR DROPPED DUE TO NETWORK
CONGESTION ON THE INTERNET.
4.7.4.EMERGENCY RESPONSE PERSONNEL WILL NOT AUTOMATICALLY RECEIVE A CUSTOMER’S
CALL BACK TELEPHONE NUMBER OR PHYSICAL LOCATION.
4.7.5.VoIP EMERGENCY SERVICES WILL NOT OPERATE UNTIL THE CUSTOMER’S SERVICE
ADDRESS IS REGISTERED WITH COMSAT. A Customer may register its service address by
calling COMSAT’s Customer Care Center at 203-346-3300 or 1-800-685-7898.
4.7.6.VoIP EMERGENCY SERVICES WILL NOT OPERATE CORRECTLY IF THE CUSTOMER CHANGES
ITS SERVICE ADDRESS WITHOUT NOTIFYING COMSAT.
4.7.7.VoIP EMERGENCY SERVICES WILL NOT OPERATE CORRECTLY FOR UP TO TWO BUSINESS
DAYS AFTER THE CUSTOMER NOTIFIES COMSAT OF A CHANGE TO ITS SERVICE ADDRESS.
4.7.8.VoIP EMERGENCY SERVICES WILL NOT OPERATE CORRECTLY FOR UP TO TWO BUSINESS
DAYS AFTER THE CUSTOMER NOTIFIES COMSAT OF A CHANGE TO ITS SERVICE ADDRESS.
4.7.9.VoIP EMERGENCY SERVICE CALLS MAY BE ROUTED TO A GENERAL TELEPHONE NUMBER
FOR THE CUSTOMER’S LOCAL EMERGENCY RESPONSE PERSONNEL.
5. Use and Connection of Equipment
5.1. Terminal Licensing
It shall be the sole responsibility of the Customer to secure and maintain all governmental
licenses, permits and approvals required in connection with the installation, operation,
and/or use of the Customer’s Terminal in any jurisdiction. It shall also be the responsibility of
the Customer to install and maintain all Terminals such that they continue to meet the system
requirements of both COMSAT and the Satellite Service Provider.
5.2. Export and RE-Export of Equipment
5.2.1.Customer (including its subsidiaries and affiliates) shall not export or re-export Equipment
unless it complies fully with all laws and regulation of the United States and/or any
relevant non-U.S. jurisdiction relating to such export or re-export, including but not limited
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to the Export Administration Act of 1979, as amended, and any applicable U.S.
administration rules and regulations, including the International Traffic in Arms
Regulations (ITAR). Specifically, unless any necessary prior authorization is obtained from
the U.S. Department of Commerce, Customer shall not knowingly export, re-export,or
release, directly or indirectly, any technology, software, or software source code (as
defined in Part 772 of the Export Administration Regulations of the U.S. Department of
Commerce (“EAR”)), received from COMSAT, or export, directly or indirectly, any direct
product of such technology, software, or software source code (as defined in Part 734 of
the EAR), to any destination or country to which the export, re-export, or release of the
technology, software, software source code, or direct product is prohibited by the EAR.
5.2.2.Customer shall obtain any necessary export license or other documentation prior to the
exportation or re-exportation of any product, technical data, software, or software source
code acquired from COMSAT or any direct product of such technical data, software, or
software source code. Accordingly, Customer shall not sell, export, or re-export, transfer,
divert, or otherwise dispose of any such product, technical data, software, or software
source code directly or indirectly to any person, firm, entity, country, or countries
prohibited by U.S. or applicable non-U.S. laws. Further, Customer shall give notice of the
need to comply with such laws and regulations to any person, firm, or entity which it has
reason to believe is obtaining any such product, technical data, software, or software
source code from Customer with the intention of exportation. Customer shall secure, at its
own expense, such licenses and export and import documents as are necessary for any
export in compliance with U.S. and non-U.S. applicable law.
5.3. Connection of Customer Equipment
The Customer Terminal must be approved by the Satellite Service Provider for access to such
provider’s network (by means of Terminal Activation and/or Type Approval). Customer
Equipment shall have operating characteristics such that its use shall not interfere with the
COMSAT Services or the Satellite Service Provider’s services, nor endanger COMSAT’s
employees, employees of the Satellite Service Provider, or the public. Upon notice from
COMSAT that the Customer Equipment is causing interference, or is a hazard, the Customer
shall cease and desist from using said Customer Equipment.
5.4. Recording of Two-Way Telephone Conversations
Customers shall not record two-way voice communications except as permitted under
applicable law.
5.5. Further Limitations on Use of Equipment
Customers may not de-compile, reverse engineer, disassemble, attempt to discover any source
code or underlying ideas or algorithms in the Equipment, otherwise reduce the Equipment to a
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human readable form, modify, rent, lease, loan, use for timesharing or service bureau
purposes, reproduce, sublicense or distribute copies of the Equipment, or otherwise transfer
the Equipment to any third party.
6. Carrier Selection
Unless otherwise specified, COMSAT and/or the Satellite Service Provider shall select the carrier to
terminate a Terminal-to-fixed or VoIP voice call. Collect calls will be terminated via a carrier selected
by COMSAT and/or the Satellite Service Provider. Telephone company calling card calls will be
terminated via the respective carrier extending the credit.
7. Discontinuance of Service for Cause
Upon non-payment when due of any sum owing to COMSAT, or upon a violation of any of the
provisions governing the furnishing of any Earth Segment and/or Space Segment service hereunder,
including but not limited to the provisions of Section 3.1, COMSAT may, upon seven (7) days’ written
notice to the Customer, without incurring any liability, forthwith discontinue the furnishing of said
service until such violation or non-payment is rectified by the Customer to COMSAT’s satisfaction.
8. Equipment Warranties
8.1. No Warranty Guarantees
Unless otherwise specified, COMSAT provides no warranty or guarantees for any Equipment
sold by COMSAT to Customer. Unless otherwise explicitly provided for, all claims for warranty
service for such Equipment shall be made directly to the Equipment manufacturer. COMSAT
shall not be liable to any party for any loss, injury, harm, or damages, incurred by reason of or
incidental to any malfunction or failure of such Equipment.
8.2. Shipping Costs, Duties, and Tariffs
Customer is responsible for all shipping costs associated with Equipment, including the
shipment of Equipment by COMSAT to Customer upon purchase as well as the forward and
return shipment of Equipment for repair, upgrade, replacement, or other purpose. For the
purposes of this section, shipping costs include all costs associated with the shipment or
transfer of Equipment, including but not limited to postage, freight fees, handling costs,
packaging costs, insurance, broker fees, duties, tariffs, governmental fees, and taxes. All
payments for Equipment must be received by COMSAT prior to the shipment of the Equipment.
9. Payment Arrangements
9.1. Payment for Services & Equipment
The Customer is responsible for payment of all charges, including all applicable taxes and/or
government surcharges duties and fees for Earth Segment and/or Space Segment facilities and
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services furnished by COMSAT, including charges for services originating or charges accepted at
the Equipment and/or Customer Equipment. Such charges may also include Federal Universal
Service, Regulatory and Administrative charges, and other charges related to COMSAT’s
governmental costs. Customer agrees to pay all such taxes, duties, and fees. All invoices are
due and payable as follows: (i) for Equipment, in full within 15 calendar days from date of
invoice; (ii) for prepaid COMSAT Service, in full within 15 calendar days from date of invoice;
(iii) for COMSAT Services other than prepaid, in full within 30 calendar days from date of
invoice. Payment shall be made in US dollars and include sufficient reference for proper
identification of the invoice(s) paid. Customer may remit payment by wire transfer or check. For
the avoidance of doubt, it is the Customer’s sole responsibility to ensure that all Equipment,
Customer Equipment, and/or networks are properly configured for the service that the
Customer intends to utilize. COMSAT shall not, under any circumstances, abate or refund
charges on the basis of Customer claims that Equipment, Customer Equipment, and/or
networks were not properly configured at the time charges were incurred.
9.2. Billing and Collection of Charges
9.2.1.Charges for On-Demand Service are billed and collected by COMSAT or its concurring or
other participating carriers or their foreign correspondents.
9.2.2.Charges for monthly service may be billed in advance.
9.2.3.COMSAT reserves the right to impose special billing arrangements when necessary, in
COMSAT’s judgment, to safeguard against abuse or unlawful or fraudulent use of service
pursuant to Section 3.1.
9.2.4.Master Card, VISA, American Express, Diners Club, or other credit cards as COMSAT may
designate from time to time may be used to pay for all Equipment and COMSAT Services,
at COMSAT’s sole discretion. COMSAT reserves the right to assess a processing fee to
credit card transactions.
9.2.5.Invoiced amounts for COMSAT Service reflect the duration of the call to include the time
to establish the communication link and the duration of the communication itself. Voice,
fax, and circuit-switched data services are billed in 6-second increments with a minimum
call charge of 30 seconds per call. Packet data services are billed in 1 megabyte increments
with a minimum charge of 1 megabyte. Billing per megabyte may not apply to IP Services.
9.2.6.Unless otherwise specified, charges for subscriptions are billed one month in advance.
Subscriptions may only be terminated upon written notice to COMSAT two months in
advance or the effective date of such termination.
9.2.7.Subscriptions for IP Services, including BGAN, cannot under any circumstances be
cancelled within the first twelve months of the subscription period.
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9.3. Advance Payments
9.3.1.An applicant for Earth Segment and/or Space Segment services whose financial
responsibility is not a matter of general knowledge or who is not connected in a
substantial way with a firm, corporation, office or other concern of established credit, may
be required to make an advance payment of at least one (1) month’s estimated charge.
9.3.2.In the case where a Customer terminates Earth Segment and/or Space Segment service
prior to the end of that month for which an advance payment of one (1) month’s
estimated charge is required, COMSAT will refund to the Customer the amount of that
advance payment less any charge due COMSAT.
9.4. Deposits
9.4.1.COMSAT may, in order to safeguard its interests, require a Customer to make a deposit to
be held by COMSAT as a guarantee of the payment of charges. (Note: The fact that a
deposit has been made in no way relieves the applicant or Customer from complying with
the provisions set forth in this Section 9 and the prompt payment of bills on presentation.)
9.4.1.1. The deposit shall not exceed an amount equal to two months’ estimated Earth
Segment and/or Space Segment service charges for On-Demand Service.
9.4.1.2. For monthly or leased Earth Segment and/or Space Segment service, the deposit
shall not exceed two months’ service charges.
9.4.2.The deposit will be held by COMSAT and applied to any lapses in payment for service.
Pursuant to Section 9.1, payment for Equipment and Service will be considered to have
lapsed if not received by COMSAT: (i) 15 calendar days for Equipment; (ii) 15 calendar days
for prepaid COMSAT Services; (iii) 30 calendar days of COMSAT Services other than
prepaid within the invoice date. Upon written notification by COMSAT to the Customer of
any lapse in payment, the Customer shall have 7 days to rectify the non-payment or have
its service discontinued, pursuant to Section 7. COMSAT will accept, as payment, certified
checks or wire transfers received within the 7-day notice period.
9.4.3.After 12 months of service, COMSAT will review the Customer’s account and if payment of
all bills has been received promptly upon presentation, COMSAT will apply the deposit to
the Customer’s service charges. If payment has not been received promptly, the deposit
will be held and credited against the last month (or two) of service. If service is
discontinued for any cause, the Customer is liable for payment of all sums due, any
specified termination charges and any costs which COMSAT may incur as a result of service
termination less any applicable deposit.
9.5. Bank Guarantees/Letters of Credit
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In addition to a deposit (Section 9.4) and/or an advance payment (Section 9.3), COMSAT may
require a Customer to provide a third party guarantee, bank guarantee, letter of credit, or other
credit facility deemed by COMSAT to provide adequate assurance of payment. (Note: The fact
that credit facilities have been provided in no way relieves the applicant or Customer from
complying with the provisions set forth in this Section 9 and the prompt payment of bills on
presentation.)
10. Governing Law
For any services and/or Equipment for which Customer is billed by COMSAT, Inc., these Terms shall
be governed by and construed in accordance with the laws of the Commonwealth of Virginia, U.S.A.,
without regard to that State’s conflict of laws rules, and the venue for all actions related to the
provision of such service shall be the State or Federal courts located in Virginia, U.S.A.
11. Liability of COMSAT
11.1. Except as otherwise expressly provided for herein, COMSAT makes no representations
or warranties, express or implied, including, but not limited to, any statutory or common-law
warranties, in connection with these Terms or any COMSAT Service provided hereunder.
COMSAT shall not be liable to the Customer, and no credit shall be given hereunder, for any
loss or damage sustained by reason of any act or omission of the Customer or any defect or
malfunction in Equipment and/or Customer Equipment provided or used by the Customer, its
employees, agents, subcontractors, assigns or any other party.
11.2. In the event of a failure, interruption, delay, defect, fault, or malfunction in the Earth
Segment and/or Space Segment service provided by or requested to be provided by COMSAT
that is not due to an act or omission of the Customer or not due to a defect or malfunction in
Equipment and/or Customer Equipment, COMSAT shall abate or refund the charges applicable
for the service hereunder for the affected service. In no event, however, shall COMSAT be liable
for any mishandling or delay in or failure of delivery attributable to the U.S. Postal Service or
any other mail carrier. Any claim of whatever nature made against COMSAT shall be deemed
conclusively as having been waived unless presented in writing to COMSAT within ninety (90)
days after the date of the affected service.
11.3. In no event shall COMSAT be liable to the Customer for any loss, injury, harm or damage
sustained by reason of or incidental to a failure, interruption, delay, defect, fault, or
malfunction in the Equipment sold or leased by COMSAT to Customer, nor shall COMSAT be
required to abate or refund to Customer any charges for COMSAT Services affected by the
failure, interruption, delay, defect, fault, or malfunction in such Equipment.
11.4. Except as provided in Section 11.2 above, COMSAT shall not be liable to any party for
any loss, injury, harm, or damage incurred by reason of or incidental to any delay or
interruption or fault or defect or malfunction of Earth Segment service and/or Space Segment
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service, or for any failure in or breakdown of facilities associated with said service, or any other
act or omission of COMSAT, the Satellite Service Provider, its concurring or other participating
carriers and their foreign correspondents in connection with the Earth Segment and/or Space
Segment service provided or requested to be provided hereunder, whatsoever shall be the
cause of such delay, interruption, deficiency, defect, malfunction, shortcoming, fault, failure or
breakdown, and whether negligent or otherwise, and however long the same shall last or
however many occasions the same occurs.
11.5. COMSAT does not generate or initiate telecommunications, but provides services,
facilities, and/or Equipment to its Customers for telecommunication transmission, and in no
event shall COMSAT be liable for: (1) libel, defamation, slander, invasion of privacy,
infringement of copyright or any other proprietary right arising from or in connection with the
provision of Earth Segment and/or Space Segment service by means of COMSAT’s facilities or
the facilities of the Satellite Service Provider, or the use of Equipment provided by COMSAT; (2)
infringement of patents arising from use of Equipment of from the combination, or use, of the
facilities of COMSAT with Customer Equipment, apparatus and/or systems of the Customer;
and (3) any loss or damage arising out of or in connection with an act or omission of the
Customer in connection with the Earth Segment and/or Space Segment service, Equipment,
and/or facilities provided by COMSAT or the Satellite Service Provider. The Customer shall
indemnify and hold COMSAT harmless from all such liability, and shall protect and defend
COMSAT against any claim, action, damage, or expense alleging such liability, and shall pay all
expenses and satisfy all judgments which may be incurred by or rendered against COMSAT in
connection therewith.
11.6. The Customer agrees that the disclaimers of liability in this Section 11 apply in all
respects to the Satellite Service Provider in addition to COMSAT. Customer further agrees to
indemnify and defend COMSAT and the Satellite Service Provider in the event of any claims
against either of them arising in connection with any of the causes set forth in Section 11.5 and
shall protect and defend COMSAT and the Satellite Service Provider from any suits or claims
related to such failure, and shall pay all expenses and satisfy all judgments which may be
incurred by or rendered against COMSAT and/or the Satellite Service Provider in connection
therewith.
11.7. The provision of COMSAT Services may be interrupted from time to time for the
purpose of routine maintenance of COMSAT facilities or for the purpose of maintenance of
facilities owned by the Satellite Service Provider. In no event shall COMSAT be liable for
damages incurred by the Customer as a result of such interruption. COMSAT’s obligation to
provide services hereunder in all cases shall be subject to the availability of satellite and/or
Teleport capacity. Additionally, COMSAT Services may be interrupted periodically as required to
comply with applicable laws, regulations, or standards, or due to reasons beyond COMSAT’s
control, including, but not limited to, Terminals, Equipment and Customer Equipment,
blockages from buildings, operator error, radio or electromagnetic interference, rain fade,
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geographical interferences with satellite signal due to topography, or non-availability of
satellite capacity. Notwithstanding the provisions of Section 11.2, COMSAT disclaims all liability
and obligation for any provision of credit or damages to Customer in the event of any outage
described in this Section 11.7.
11.8. Notwithstanding any other provision herein, COMSAT shall have no liability in
connection with events resulting from factors beyond its control or beyond the control of the
Satellite Service Provider, including acts of God (including but not limited to, weather-related
phenomena, fire or earthquake), war, riot, strike, terrorism, or orders of a governmental
authority.
11.9. IN NO EVENT SHALL COMSAT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE,
INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR UNDER THESE TERMS,
INCLUDING LOSS OF REVENUE OR LOST PROFITS, REGARDLESS OF THE FORESEEABILITY OF
SUCH DAMAGES.
12. Glossary of Terms
COMSAT: COMSAT, Inc., a United States corporation headquartered in Virginia, U.S.A.
COMSAT Service(s): the use of Earth Segment and/or Space Segment service for the transmission of
Customer telecommunications to and from Terminals via satellite. This includes, but is not limited
to, IP Services and all C-band, and L-band services offered for sale or resale by COMSAT.
Customer(s): the entity utilizing the COMSAT Services described herein, including all employees,
agents, or representatives acting on behalf of or at the direction of the Customer. The Customer is
the end-user of the COMSAT Services, and is separate and distinct from the Service Provider.
Customer Equipment: devices or apparatus, including but not limited to computers, modems,
routers and servers and associated wiring that are provided or used by a Customer and connected to
or used in conjunction with the COMSAT Services.
Earth Segment: that portion of a telecommunications link provided (1) from the point of receipt of a
Customer’s circuits at a Teleport up to and including the transmission of those circuits to a satellite
and (2) from the point of receipt of downlink carriers containing the Customer’s circuits at a Teleport
terminal up to and including the delivery of those circuits to the Customer via common carrier(s) or
direct Customer interface with the Teleport terminal.
Equipment: Terminals, antennae, and related accessories, including network signaling units,
firmware and software for use in conjunction with COMSAT Services. Equipment may be located at
the Customer’s premises or at a public or semi-public location.
COMSAT, Inc. Master Terms and Conditions, Version 1.0 – last amended 13 July 2016
FCC: United States Federal Communications Commission.
Inmarsat: Inmarsat Global Ltd., a company organized and existing under the laws of England and
Wales that operates a satellite system providing Space Segment capacity.
IP Services: Any COMSAT Services that use the Internet Protocol to transmit and receive data and/or
voice communications. Examples of IP Services include, BGAN and Iridium OpenPort.
Iridium: Iridium Satellite, LLC, a company that operates a satellite and ground system providing
Space Segment and Earth Segment.
On-Demand Service: COMSAT Service initiated on request from a Customer. Such services include,
but are not limited to, Inmarsat, Iridium and Thuraya services.
Satellite Service Provider: a satellite operator providing Earth Segment and/or Space Segment
services, including, but not limited to Inmarsat, Iridium, , Thuraya, or a reseller providing such
services.
Service Provider: the entity that establishes a contract with COMSAT to bill, promote and retail
COMSAT Services to Customers.
Space Segment: that portion of a telecommunications link that consists of the receipt and
amplification of an uplink carrier from a Terminal or Teleport and its retransmission in a downlink
beam; Space Segment service must be combined with Earth Segment services at the
receive/transmit point.
Teleport: ground segment service facilities owned by COMSAT, or any company controlled by,
controlling or under common control with COMSAT, Iridium, Thuraya, Inmarsat, or other entity for
positioning of earth station and switching facilities.
Terminal: a portable, semi-portable, or fixed transmitting and receiving unit used in conjunction
with COMSAT Services by a Customer from a vessel, an aircraft, or from a point on land, or from
such other locations approved by the appropriate Satellite Service Provider.
Terminal Activation and Configuration: the act of initiating and activating a Customer’s Terminal for
use with the system of a particular Satellite Service Provider, in accordance with the procedures and
requirements established by such Provider.
Terms: the COMSAT Satellite Services Master Service Level Agreement and Terms and Conditions for
Use and Sale of Services and Equipment.
COMSAT, Inc. Master Terms and Conditions, Version 1.0 – last amended 13 July 2016
Thuraya: a company that operates a satellite and ground system providing Space Segment and Earth
Segment.
Type Approval: the Satellite Service Provider’s approval of a Terminal model as a design suitable for
use in that Satellite Service Provider’s system.
VoIP: (Voice over Internet Protocol): a service allowing for the transmission of voice calls using
Internet Protocol.