USER AGREEMENT

revised January 2002

The Virtual Air Traffic Simulation Network is an organization, which provides flight simulation and air traffic control enthusiasts with a network of computers to which they can log on via the Internet and engage in flight and air traffic simulation.

This agreement covers the usage of the Virtual Air Traffic Simulation Network (Hereinafter referred to as “VATSIM”). Individuals making an application to join VATSIM and those logging on to any of the network of computers utilized by VATSIM to provide services are hereinafter referred to as “Users”.  The Services are offered to you, the user, by VATSIM, conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.  By clicking “I Accept” below and continuing the application process, you are accepting all of the terms, conditions and notices contained herein.

 1. Use of VATSIM Services

1. While using VATSIM Services, you may engage in online game play, conferences, mailing lists, chats, and downloads.  Your activity in conferences, mailing lists, and chats are subject to review, modification, and deletion, without notice, by authorized VATSIM personnel.  Files downloaded may be subject to posted limitations on usage, reproduction, and/or dissemination, and you are responsible for adhering to such limitations if you download them.

2. To use VATSIM services, you must first register as a member of VATSIM at http://vatsim.net.  Only registered members in good standing may fly online as a pilot and provide ATC as an air traffic controller.

3. During the registration process and everytime you log onto the VATSIM.net network through the connect dialogue boxes of ProController and SquawkBox, you must use your full name.  Nicknames, callsigns or abbreviations, except where used as callsigns, are not permitted.

4. You may register for and hold only one VATSIM registration and you may hold only one VATSIM identification number and password.

5. By applying for and receiving an identification number and password and by logging onto the VATSIM.net network, a member agrees to be bound by the terms of this User Agreement, the VATSIM Code of Conduct and the VATSIM Code of Regulations.

2. Connecting to the VATSIM Network

1. It is required that you identify yourself by your true first and last name as well as your VATSIM issued ID number when you log onto the VATSIM.net network through the connect dialogue boxes of ProController and Squawkbox so that online identification can be possible.  Nicknames, initials, callsigns or abbreviations in the real name field of the connect dialogue boxes are not permitted.  Failure to comply could lead to your removal from the system.

2. VATSIM is a private network of privately owned server computers which are connected via the Internet.  Only client, server, or other software, which has been expressly approved by VATSIM in writing may be utilized by any member of VATSIM.  This paragraph also applies to unauthorized modifications to approved software.  Connecting or attempting to connect with any such non-approved software is prohibited and could lead to your removal from the system.

3. When logging on to the VATSIM.net network, a member is permitted to make only one connection at any one time.  Multiple connections either as a pilot, controller or a combination of the two are not permitted.

3. Conflict Resolution

1. VATSIM does not care to engage in the constant policing of it’s users.  If a problem should arise between two or more users and it cannot be resolved between the parties in a quick manner, or becomes a hindrance to the operation of the network, the parties involved should check to see if a supervisor is online or other VATSIM volunteer to help resolve the matter.  Matters requiring further involvement on behalf of VATSIM volunteers for members that feel they did not receive an equitable resolution to their dispute will require that member to submit their grievance in writing.

4. Use of VATSIM Services, Mailing Lists, Chat Rooms and Other Communications Venues

1. You are responsible for the communications you make while using the services provided by VATSIM. It is required that all users of VATSIM refrain and not engage in any of the following activities:

1. The publishing, posting, distribution, use or dissemination of defamatory, infringing, obscene, vulgar, profane, or other unlawful material or information;

2. The use of VATSIM services to threaten, harass, abuse, intimidate, or stalk others to otherwise violate their legal rights, including rights of privacy and publicity;

3. The use of VATSIM services in any manner other than as an individual user. No individual or entity is permitted to resell or make any commercial use of the VATSIM network.

5. Notice of Change

1. VATSIM reserves the right, for any reason, to remove without notice, any content of this Web Site received from users, without limitation. VATSIM reserves the right to deny any user access to this Web Site or the VATSIM network without notice.

6. Required Mailing List

1. The VATSIM NOTAM list is a required list for all members.  Continuous subscription to the VATSIM NOTAM LIST by members of the VATSIM network is also required. This list is for announcement purposes only and the posting of messages (except by authorized VATSIM volunteers) is prohibited.

7. Indemnity

1. You agree to indemnify, and hold the VATSIM network and its affiliates, and their respective agents, information providers and licensors harmless from and against any and all claims, liability, losses, costs, and expenses incurred by any Party in connection with any use or alleged use of the VATSIM network under your ID and password by any person, whether authorized or not.

8. Information Available on VATSIM

1. Statements made by any users in forums, conferences, mailing lists, and chats reflect only the views of their authors. VATSIM does not endorse the accuracy of any such information, including, but not limited to, statement of opinion or advice, provided on or by means of the VATSIM network.

2. The information provided on VATSIM is for purposes of recreational air traffic control simulation and flight simulation only and under no circumstances is any such information received by the user of VATSIM to be used for real world flight or air traffic control operations.

9. Application Information

1. Providing false information on the membership application is prohibited, and is grounds for immediate revocation, without notice, of your use of the VATSIM network.

10. Use of Your VATSIM ID and Password

1. Your VATSIM network ID and password is issued only to you, is nontransferable and may not be used by any other person.  Any distribution by you of your password will result in cancellation of your membership.

11. Copyrights and Trademark

1. All contents of this Web Site are: Copyright © 2001, 2002 VATSIM, All Rights Reserved.

12. Modification

1. The VATSIM network reserves the right to change this agreement at any time, without notice, by revising the terms and conditions herein.  Continued use of this Web Site and the VATSIM network following any such changes shall constitute the user's acceptance of such changes.

13. No Warranty 

1. THE USER EXPRESSLY AGREES THAT USE OF VATSIM.net, REGISTERING TO USE THE SERVICES OF VATSIM.net AND LOGGING ON TO ANY OF THE COMPUTERS COMPRISING THE VATSIM.net NETWORK IS AT USER'S SOLE RISK.  NEITHER VATSIM.net, ITS AFFILIATES NOR ANY OF IT’S RESPECTIVE MEMBERS, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT VATSIM.net WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SYSTEM, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION OR SERVICE PROVIDED THROUGH THE SYSTEM.

2. VATSIM.net AND THE SERVICES WHICH ARE MADE AVAILABLE TO MEMBERS AND USERS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.

3. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.  THE USER SPECIFICALLY ACKNOWLEDGES THAT VATSIM.net IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER MEMBERS, USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.

4. IN NO EVENT WILL VATSIM.net OR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING VATSIM.net’s INTERNET WEBSITE CONTENT BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE SYSTEM.  THE USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL SUCH WEBSITE CONTENT.

5. IN ADDITION TO ALL OF THE TERMS SET FORTH ABOVE, NEITHER VATSIM.net, NOR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS SHALL BE HELD LIABLE, REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNGENUINENESS OF, THE INFORMATION CONTAINED IN ITS WEBSITE OR SERVICE NETWORK OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO ANY MEMBER OR USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY.  NEITHER VATSIM.net NOR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS WARRANT OR GUARANTEE THE TIMELINESS, ACCURACY OR COMPLETENESS OF THIS INFORMATION.  IN ADDITION, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION PROVIDED ON THE VATSIM.net WEBSITE OR SERVICE NETWORK.

Rev. 1/02