Copyright © 1996-2005 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.

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

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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:

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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.

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.

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™ 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.

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.

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.

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.

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.

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.

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™.

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™.

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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.

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.

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.

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,