Effective Date: August 4, 2020
This is a website that provides information to you.
Intellectual Property Rights
Authorized and Prohibited Uses
When you post User Content on this Website, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and to post it to the Website for use by KVH and others. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws and to make sure your use and any further use that is permitted by the functionality of the Website is permitted by applicable intellectual property laws.
If you close your account or de-register or if you have not used your account for in excess of ninety (90) days, your User Content may be removed from the Website. We will not be able to restore this information.
When you send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone or by facsimile. It is further understood that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
Registration and Passwords; User Account
At times, we may or may not require you to have a password and provide registration details to access this Website or portions of this Website. To the extent that we do require a password and registration details, the details you provide must be correct, current, and complete. If KVH believes that the details are not correct, current, and complete, we have the right to refuse you access to the Website, or any of its resources, and to terminate or suspend your account, if any. Your user account access credentials and password(s) must not be disclosed to any other individual(s). You are responsible for maintaining the confidentiality of any password(s) and access credentials you are given to access this Website, and you are fully responsible for all activities that occur under your password(s) and user account. KVH shall not be liable for any loss that you incur as a result of someone else using your password or user account access credentials, either with or without your knowledge because you have not maintained the confidentiality of your user account and/or password or otherwise failed to implement additional account security features made available to you by KVH, such as two-factor authentication. You may be held liable for any losses incurred by KVH, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password because you have not maintained the confidentiality of your password. You agree to notify us immediately of any unauthorized use of your password(s). We reserve the absolute right not to issue a password to any person or entity.
Any KVH software that is made available to download from this Website (“Software”) is the copyrighted work of KVH and/or its affiliates or suppliers. The Software is made available for downloading solely for your use pursuant to the end user license agreement (“EULA”) applicable to the Software, and any reproduction or redistribution of the Software other than as permitted in the EULA is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. In addition, downloading Software is prohibited if you are visiting this Website from any of the countries to which the export of Software is prohibited by the U.S. Department of Commerce. Without limiting the foregoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited.
KVH cannot and does not guarantee or warrant that files made available for downloading through this Website will be free of infection or viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. It is your responsibility for implementing sufficient safeguards and procedures to ensure that any files obtained through the Website are free from such contaminations.
The information that is downloaded from this Website for or on behalf of the Government of the United States of America and/or its agencies (“US Government”) is provided with Restricted Rights. Use, duplication, or disclosure by the US Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Compliance with the Digital Millennium Copyright Act
KVH respects the rights of all copyright holders and in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of this Website who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the US Digital Millennium Copyright Act, 17 U.S.C. Section 512:
(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
(c) Identification of the Content 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 the information reasonably sufficient to permit KVH to locate the Content;
(d) Information reasonably sufficient to permit KVH to contact the complaining party;
(e) A statement that the complaining party has a good faith belief that the use of the Content in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) 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.
For copyright inquiries under the US Digital Millennium Copyright Act, please contact KVH’s Copyright Agent at:
KVH Industries, Inc.
50 Enterprise Center
Middletown, Rhode Island
Phone: (401) 847.3327
Fax: (401) 849.0045
Your use of this Website shall be in accordance with any and all procedures, forms, formats, displays and operating times which may be determined, specified or modified by KVH in its sole discretion. You are responsible for all software, hardware, interconnections, fees, expenses, costs and taxes for you to access or use this Website.
With respect to any subscription-based or other fee-based services offered within this Website, we reserve the right to impose or modify fees in connection with use of this Website (or portions of this Website) at any time without liability. Payment of any such fees shall be due and payable thirty (30) days from the date of invoice unless otherwise agreed by you and KVH or unless otherwise required by KVH. KVH shall endeavor to issue a general notice on this Website with regard to any imposition of fees or modifications to this Website.
Unless otherwise agreed upon between you and KVH, no link shall be made to any page of this Website except a direct link to the top page (http://www.KVH.com) without framing. In addition, any link to this Website must be immediately followed by notice to KVH via email at webmaster@KVH.com. You may not frame, or use any framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, flash movies, page layout, or form) without our express written consent. You may not use META tags or any other "hidden text" which utilize any derivative of our domain or company names without our express written consent. Moreover, in the event KVH deems your linking practices in relation to this Website to be inappropriate, KVH may provide you with notice concerning removal or modification of the inappropriate link, and you agree to comply with any and all requirements of KVH relating thereto.
Access to Website
Although it is KVH’s objective is to make the Website accessible 24 hours per day, 7 days per week, the Website may be unavailable from time to time for any reason including, without limitation, routine maintenance. You understand and acknowledge that due to circumstances both within and outside of the control of KVH, access to the Website may be interrupted, suspended or terminated from time to time and that KVH bears no responsibility or liability should it be unavailable for any reason. KVH shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.
You agree not to submit any User Content to this Website or commit any act involving the transfer of information or data relating to any User Content in violation of applicable import/export control, espionage or national security laws. You will comply fully with such laws.
You agree to comply with all applicable laws in connection with your use of this Website.
Unsuitable Content and Conduct. You shall not engage in conduct or submit to this Website any User Content or other material that is illegal, inaccurate, misleading, misappropriated, infringing, dilutive, defamatory, obscene, vulgar, crude, sexist, racist, offensive or otherwise objectionable. You must always treat other users with respect. Your use of this Website must not cause damage, embarrassment or adverse publicity to KVH.
Functional Compatibility and System Abuse
You will submit only User Content that is functionally and technically compatible with this Website. You will not attempt to and will not damage, corrupt, tamper with or infect this Website, the Content or any information or telecommunication system of KVH with a virus or other malicious computer program. You will not engage in abusive activity with respect to this Website, or undertake any other activity which may adversely affect the use or enjoyment of this Website by any person. You are prohibited from using any services or facilities provided in connection with this Website to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, KVH reserves the right to release your details to system administrators at other sites and law enforcement authorities in order to assist them in resolving security incidents.
Your Cooperation and Notification
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, This Website, its Content, and its links are provided on an “as is” basis and are used only at YOUR sole risk, to the fullest extent permissible by law. KVH disclaims all warranties, express or implied, of any kind, regarding this Website (including its Content, hardware, software and links), including ANY IMPLIED WARRANTIES as to fitness for a particular purpose, QUALITY, merchantability, title, non-infringement, results, accuracy, completeness, accessibility, compatibility, security and freedom from computer virus. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
THIS LIMITATION ABOVE IS NOT INTENDED TO DEPRIVE YOU AND DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE UNDER MANDATORY APPLICABLE CONSUMER PROTECTION LAWS.
Limitations on Liability and Remedies
KVH’S ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO ANY DISPUTE WITH KVH (INCLUDING WITHOUT LIMITATION YOUR USE OF THE WEBSITE) IS TO DISCONTINUE YOUR USE OF THE WEBSITE. KVH AND ITS VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGE ARISING FROM YOUR USE OF THIS WEBSITE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OR REGISTRATION WITH KVH. THESE EXCLUSIONS FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF KVH HAD BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, KVH AND ITS VENDORS' LIABILITY IN SUCH STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. KVH DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE AND WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. in any event, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION are NOT ENFORceaBLE IN AN APPLICABLE JURISDICTION, The maximum liability of KVH will be limited to the correction or deletion of any inaccurate Content or link.
THe LIMITATION ABOVE IS NOT INTENDED TO DEPRIVE YOU AND DOES NOT DEPRIVE YOU OF ANY RIGHTS YOU MAY HAVE UNDER MANDATORY APPLICABLE CONSUMER PROTECTION LAWS.
Third Party Sites and Other Information
This Website may contain as a convenience to you, content, links, mapping data, and other information submitted by third parties over whom KVH has no control or responsibility, as well as translations thereof which KVH may arrange. KVH has no obligation to monitor, control or restrict the use of this Website, or third party websites or mapping data accessible via this Website. These other sites and third party providers are not under KVH’s control, and you acknowledge that (whether or not such sites are affiliated in any way with KVH) KVH is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites or data. The inclusion of such a link or data does not imply endorsement of any site by KVH or any association with its operators.
Dispute Resolution; Applicable Law and Forum
KVH has no obligation to become involved in any dispute between a user and any other person.
SPECIFIC TERMS FOR myKVH SITE USERS
Authorized and Prohibited Uses
KVH takes measures to protect the confidentiality of information about you that you either upload to the myKVH Site, or is generated about you by the myKVH Site. KVH, however, cannot guarantee that the information displayed on the myKVH Site about you will not be disclosed through the myKVH Site to unknown persons without control by KVH, particularly if it is provided by you as part of an interactive user board, blog, social media or other such media. This is particularly the case for pages where you are asked for your views on particular issues.
When you post User Content on the myKVH Site, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content and to post it to the myKVH Site for use by KVH and others. It is your obligation to determine the extent to which User Content you submit is protected by applicable intellectual property laws and to make sure your use and any further use that is permitted by the functionality of the Website is permitted by applicable intellectual property laws.
The myKVH Site may provide estimated location and position data for vessels using one or more KVH Services, which is based on the operational beams of satellites serving the vessels. By using the myKVH Site, you hereby consent to the tracking by KVH of its vessel location and position. The location and position data provided is an estimate, based on the last reported network status of the terminal equipment used with the Services. Estimated location or position data is not designed to replace or be used as a purpose-built GPS tracking system and must not be used for navigation, asset tracking, scheduling of shipments, or other purposes involving safety-of-life or securing and managing of property.
Monthly Data Usage
All data usage measurements displayed on the myKVH Site, or provided through the myKVH Site using electronic communications such as text or email, are intended solely for guidance purposes and shall in no circumstance be either construed as legally binding or used for actual billing purposes. KVH makes no assurance that it will provide you notifications regarding your data usage or that they will be current or accurate. It is your responsibility to track data usage consumed on each vessel and you, as the subscriber, shall be solely responsible for payment of all charges, including any monthly fixed and overage charges, even if the myKVH Site indicates accumulated data usage during the current billing period that is under the threshold that would trigger an overage charge.
You are responsible for any and all configuration changes made to your account, services, or equipment configuration through use of the myKVH Site, including, but not limited to, data usage thresholds, equipment configuration, user quotas, Service plan changes, additions and/or removals of authorized myKVH Site users, and permission settings for authorized myKVH Site users.