usage agreement  
 privacy policy | data use  

DEFINITION OF TERMS

"Web Site" refers to all pages hosted under the "AstronomyDaily.com" domain.

"Company" refers to "AstronomyDaily.com", a business registered with the state of New Hampshire, USA.

"User" refers to all persons or programs (including but not limited to spiders, agents, avatars and similar systems) who connect to the Web Site via browser, ftp, or other client software, or who receive text, images, plans, software, or other material from a link to the Web Site, whether or not such a link is known to or condoned by the Company.

ACCEPTANCE OF THE TERMS OF THE USAGE AGREEMENT

The Web Site is offered to you, the User, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes an implicit agreement to be bound by all of the terms of this Usage Agreement.

USER COSTS

This is a subscription Web Site. The Company charges a subscription fee for access to all primary content areas. The discussion forums are not considered "primary content" for the purposes of this section of the usage agreement. Payment for subscription services will never be collected without the User's prior, affirmative consent, however subscriptions paid through PayPal may auto-renew without notice until cancelled by the user.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This Web site is for personal and noncommercial use. The right to download and use material obtained from this Web Site is granted for personal use only. No text, image, plan, software, or other material may be incorporated into a web site, commercial product, or publication (except for short extracts for review purposes) without prior written consent. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, or services obtained from this Web site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web Site are: Copyright ©1993-2007 AstronomyDaily.com, Nashua, New Hampshire 03063, U.S.A. and/or its suppliers, partners and contributors. All rights reserved. Other product and company names mentioned herein may be the trademarks of their respective owners.

LIABILITY DISCLAIMER

The information, software, products, and services published on this Web Site may include inaccuracies, typographical, or factual errors. Changes are periodically added to the information herein. The Company and/or its respective suppliers may make improvements and/or changes in this web site at any time.

The Company and/or its respective suppliers make no representations about the suitability of the information, software, products, and services contained on this Web Site for any purpose. All such information, software, products, and services are provided "as is" without warranty of any kind. The Company and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, and services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, and non-infringement. In no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of this Web Site or with the delay or inability to use this Web Site, or for any information, software, products, and services obtained through this web site, or otherwise arising out of the use of this Web Site, whether based on contract, tort, strict liability or otherwise. Because some 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.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web Site, you warrant to the Company that you will not use this Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This Web Site may contain hyperlinks to web sites operated by parties other than AstronomyDaily.com. Such hyperlinks are provided for your reference only. The Company does not control such Web sites and is not responsible for their contents. The Company’s inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS

This Web Site may contain, from time to time, bulletin boards, chat rooms, or other message or communication facilities (collectively "Forums"), you agree to use the Forums only to send and receive messages and material that are proper and related to the particular Forum. By way of example, and not as a limitation, you agree that when using a Forum, you shall not:

  1. Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
  2. Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information, or any material or information that promotes bigotry, racism or hatred;
  3. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all necessary consents;
  4. Upload files that contain viruses, corrupted files, or any other similar software or programs that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, including email addresses;
  5. Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded;
  6. Falsify the origin or source of software or other material contained in a file that is uploaded;
  7. Advertise or offer to sell any goods or services except in a Forum specifically designated for this purpose;
  8. Conduct forward surveys, contests or chain letters;
  9. Download any file posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.

You acknowledge that all Forums are public and not private communications. Further, you acknowledge that chats, postings, conferences, and other communications by other users are not endorsed by the Company, and such communications shall not be considered reviewed, screened, or approved by the Company. The Company reserves the exclusive right to establish and modify the criteria for what constitutes offensive or objectionable content. Further, you acknowledge that it is impossible for Company to know whether a posting represents a copyright violation or other infringement. The provider of any such content is responsible for ensuring that such content does not violate any extant copyright. The Company reserves the right for any reason to remove without notice any contents of the Forums received from users. The Company reserves the right to deny in its sole discretion any user access to this Web Site or any portion thereof without notice.

SOFTWARE AVAILABLE ON THIS WEB SITE

Any software that is made available to download from this Web Site ("Software") is the copyrighted work of it’s author. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software. You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms.

For any Software not accompanied by a License Agreement, the Company hereby refers you to the author, creator, or publisher of the Software, and disclaims any and all responsibility for the downloading and/or use of such Software.

Please note that all software that comprises this Web Site including without limitation all HTML code, Java code, JavaScript code, ASP scripts, Perl Scripts, Server DLL’s and Active X controls, is owned by AstronomyDaily.com and/or its suppliers and partners and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of such software is expressly prohibited by law, and may result in severe civil and criminal penalties.

Without limiting the forgoing, copying or reproduction of the Software to any other server or location for further reproduction or redistribution is expressly prohibited. The Software is warranted, if at all, only according to the terms of the license and/or usage agreement.

You acknowledge that the Software and any accompanying documentation and/or technical information is subject to applicable export control laws and regulations of the U.S.A. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to U.S.A. export restrictions.

TELESCOPE CONTROL SOFTWARE

Portions of this web site may allow you to automatically point your telescope at an object of interest. If the telescope or mount is improperly set-up or configured, or if accessories (such as, but not limited to, cameras, finders, guidescopes, etc.) have been added to the telescope or mount, the possibility exists that a telescope pointing command issued from this web site could cause damage to the telescope, mount, drive, or accessories by causing the telescope or parts thereof to strike the mount or parts thereof.

You assume all responsibility for the proper set-up, configuration, and monitoring of your telescope to prevent any possible damage. In addition, you understand and agree that issuing pointing commands to your telescope during the daylight hours carries an inherent risk that the telescope may slew to or past the Sun. You agree to take proper precautions (such as, but not limited to, solar filters, lens caps, dust covers, keeping unaware people away, etc.) to prevent possible irreversible damage to persons or property should the telescope aim at the Sun.

PRIVACY

Please refer to our privacy policy which shall be considered a wholly incorporated part of this usage agreement.

MODIFICATION OF THESE TERMS AND CONDITIONS

The Company reserves the right to change the terms, conditions, and notices under which this Web Site is offered.

GENERAL

This agreement is governed by the laws of the State of New Hampshire, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Hillsborough County, New Hampshire, U.S.A., in all disputes arising out of or relating to the use of this Web Site. Use of this Web Site 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 the Company as a result of this agreement or use of this Web Site.

The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company's right to comply with law enforcement requests or requirements relating to your use of this Web Site or information provided to or gathered by the Company 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.

This agreement constitutes the entire agreement between the User and the Company with respect to this Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the User and the Company with respect to this Web Site. 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.

The Company’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. The failure of the Company to exercise or enforce any right or provision of the these terms and conditions shall not constitute a waiver of such right or provision.

The section headings and subheadings contained in this Usage Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Usage Agreement.

Any rights not expressly granted herein are reserved.