RemoteHamRadio Terms and Conditions
This License for Access Agreement (Agreement), is entered into between Member (see Exhibit A), and Hudson Valley Towers, Inc. (HVT, also known as RemoteHamRadio.com), a New York corporation, located at PO Box 475, Poughquag, NY 12570.
The purpose of this Agreement is to formalize the terms and conditions under which amateur radio facilities (Station or Stations) owned and maintained by HVT may be operated by an authorized amateur radio licensee (Member) from various locations and connected to a Station using encoded Internet means.
1. Agreement is Personal
Member is not authorized to permit any other person or club to use time-slots under this Agreement without prior written permission from HVT. Requests for time-slot use will be considered denied if not expressly granted in writing within ten days of receipt by HVT. This Agreement is strictly between HVT and Member and may not be assigned, sub-licensed or shared by Member.
2. Compliance with Federal Law Required
a. Member’s Compliance with Part 97
During the term of this Agreement, Member must hold a valid Amateur Radio Service license issued by the Federal Communications Commission (FCC) under Part 97 of its Rules and Regulations, 47 C.F.R. Part 97 (Part 97). Member may operate a Station only in full compliance with all provisions Part 97 as they pertain to the class of license Member holds. Included in these provisions are limitations on frequency bands and sub-bands, modes, output power, third-party operating and traffic agreements, operating procedures, non-commercial use, operating procedures, drug use, and station identification.
b. Termination or Suspension by HVT
In its sole discretion, HVT may terminate or suspend this Agreement upon notification from the FCC of an apparent violation of Part 97 by Member, as determined by time-slot or other means suitable to identifying Member as the operator at the time of violation. Any notice of any kind from the FCC must be forwarded immediately to HVT. During the pendency of any FCC proceeding associated with such notice of violation during which HVT determines that suspension of the Agreement is appropriate, no refund of remaining time-slots will be offered or provided. Suspension may be continued until resolution is final, whereupon this Agreement will resume, provided the outcome carries no FCC enforcement remedy affecting Member’s Amateur Radio privileges to use a Station. In the event there is a license termination, this Agreement shall be considered terminated as of the date of notification of violation.
Official Observer (OO) notifications involving out-of-band or other operator-based violations of FCC Rules shall be forwarded to HVT, and Member will be required to respond within 10 days to HVT with an explanation and steps taken to avoid repeat of the violation. Failure to respond will result in suspension of access to Stations until the matter is resolved.
c. HVT’s Compliance with Part 97
HVT agrees to comply with all Part 97 Operating Rules and to maintain Stations consistent with all Part 97 technical requirements.
When using a Station, Member may use his or her own callsign, or, with notice to HVT, any callsign authorized by its licensee. As a policy matter, HVT discourages use of any callsign other than Member’s own callsign.
6. Hold Harmless
Member agrees to hold HVT harmless for any action against HVT that arises out of Member’s on-air activity.
7. Defense Cooperation
HVT agrees to cooperate in good faith with Member in defense of any regulatory action caused by defects in Station or inadvertent action by HVT. Member agrees to cooperate in good faith with HVT in defense of any regulatory or other legal action against HVT, including a claim of tort, involving Member operation of Station.
10. Weather and Maintenance Outages
Periodic Station outages may be required in response to adverse weather conditions or necessary maintenance. To the extent reasonably possible, HVT will conduct Station maintenance during periods that cause the least impact on Members generally.
11. Performance of Stations
HVT does not warrant propagation conditions or guarantee that communications to any location or station is possible. Stations will be operational at the power levels and with antennas specified on the HVT website, with software that supports operation by the K3/0 RemoteRig provided by HVT to the Member. HVT may find it necessary to change power levels, antenna selections and operating features in response to operational requirements associated with weather, maintenance, upgrading, etc. The latest status of all Stations will be provided on the HVT website. HVT only warrants the software provided as fit for ordinary use in accordance with its intended purpose.
14. Arbitration Required
a. Arbitration by a Single Arbitrator
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration using a single arbitrator, in the State of New York. The party initially seeking a resolution may choose to have the arbitration administered by the American Arbitration Association, administered by JAMS, or may select any arbitrator of his or her choice. If the party seeking resolution selects an individual arbitrator, the other party may reject that arbitrator for any reason, or no reason, in which case the parties may agree on a different individual arbitrator, or, failing such an agreement, the matter must then be administered by AAA or JAMS, a choice of the party initially seeking a resolution. In any event, the arbitration shall be conducted pursuant to such comprehensive arbitration rules and procedures as the arbitrator routinely employs.
Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a New York court. Any arbitrator shall serve as a neutral, independent and impartial arbitrator.
b. No punitive damages
In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
c. Limitation of Liability
In any arbitration arising out of or related to this Agreement, the arbitrator may not award any incidental, indirect or consequential damages, including damages for lost profits.
The parties shall maintain the confidential nature of the arbitration proceeding and the Award, including the Hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by law or judicial decision.
e. Document Requests
In any arbitration arising out of or related to this Agreement, requests for documents:
1. Shall be limited to documents which are directly relevant to significant issues in the case or to the case’s outcome;
2. Shall be restricted in terms of time frame, subject matter and persons or entities to which the requests pertain; and
3. Shall not include broad phraseology such as “all documents directly or indirectly related to.”
In any arbitration arising out of or related to this Agreement:
1. There shall be production of electronic documents only from sources used in the ordinary course of business. Absent a showing of compelling need, no such documents are required to be produced from backup servers, tapes or other media.
2. Absent a showing of compelling need, the production of electronic documents shall normally be made on the basis of generally available technology in a searchable format which is usable by the party receiving the e-documents and convenient and economical for the producing party. Absent a showing of compelling need, the parties need not produce metadata, with the exception of header fields for email correspondence.
3. The description of custodians from whom electronic documents may be collected shall be narrowly tailored to include only those individuals whose electronic documents may reasonably be expected to contain evidence that is material to the dispute.
4. Notwithstanding rules of the selected arbitrator, where the costs and burdens of e-discovery are disproportionate to the nature of the dispute or to the amount in controversy, or to the relevance of the materials requested, the arbitrator will either deny such requests or order disclosure on condition that the requesting party advance the reasonable cost of production to the other side, subject to the allocation of costs in the final award.
g. Interrogatories and Requests to Admit
In any arbitration arising out of or related to this Agreement, there shall be no interrogatories or requests to admit.
5. RemoteHamRadio Payments and on air identification.
a. The RemoteDX $99 & the PremiumDX $999 1 year membership fee is non-refundable.
b. Billing is monthly. Monthly invoice payment must be made within 7 days on invoice.
c. Usage on the system is billed by the minute. Usage is defined by when the remote station is powered on and in use.
d. Stations outside of U.S. with CEPT agreements MUST sign W2 or proper location in callsign. For example, W2/YOURCALL or W7/YOURCALL.