ImageStream - Notices and Legal Documentation

Notices and Legal Documentation

Copyright
Trademarks
Limited License
Disclaimer
Limitation of Liability
License to ImageStream
Access to Password Protected/Secure Areas
Public Message Boards
Terms of Sale, Software License, and Other Policies
WEEE and RoHS Compliance
CALEA Compliance

Copyright
This Web site and all constituent designs, text, graphics, software, and the selection and arrangement thereof are ©Copyright 1995-2009 ImageStream Internet Solutions, Inc. All rights reserved worldwide. Any use of materials on this Web site including reproduction for purposes other than those noted below, modification, distribution, or republication without the prior written permission of ImageStream is strictly prohibited.

Trademarks
The trademarks, logos, and service marks displayed on this Web Site are the property of ImageStream or other third parties. Users are not permitted to use these trademarks, logos, and service marks without the prior written consent of ImageStream or such third party which may own the trademark, logo, or service mark. ImageStream® is a registered trademark, and ImageStream Internet Solutions™, Leading the Router Revolution™, Routers for the Real World™, ImageStream Linux™, Inetics™, SoftCell™, Envoy™, TransPort™, R1™, Rebel Router™, Gateway Router™, Gateway 64™, Gateway Express™, Enterprise Router™, Enterprise Express™, Rebel Pro™, Gateway Pro™, Enterprise Pro™, and Carrier Pro™ are trademarks of ImageStream Internet Solutions, Inc.

Limited License
ImageStream Internet Solutions hereby authorizes you to copy materials published by ImageStream Internet Solutions on this Web Site solely for non-commercial use within your organization (or if you are an ImageStream Internet Solutions reseller/distributor, your customer's organization) in support of ImageStream Internet Solutions products. No other use of the information is authorized. In consideration of this authorization, you agree that any copy of these materials which you make shall retain all copyright and other proprietary notices in the same form and manner as on the original. Except as specified above, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark or copyright of ImageStream Internet Solutions or any third party.

ALL CONTENTS ON THIS SITE ARE PROTECTED BY COPYRIGHT. EXCEPT AS SPECIFICALLY PERMITTED HEREIN, NO PORTION OF THE INFORMATION ON THIS WEB SITE MAY BE REPRODUCED IN ANY FORM, OR BY ANY MEANS, WITHOUT PRIOR WRITTEN PERMISSION FROM IMAGESTREAM INTERNET SOLUTIONS, INC.. VISITORS OR USERS ARE NOT PERMITTED TO MODIFY, DISTRIBUTE, PUBLISH, TRANSMIT OR CREATE DERIVATIVE WORKS OF ANY MATERIAL FOUND ON THIS SITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.

Disclaimer
Although ImageStream has attempted to provide accurate information on this Web site, ImageStream assumes no responsibility for the accuracy of the information. ImageStream may change the programs or products mentioned at any time without notice. Mention of non-ImageStream products or services is for information purposes only and constitutes neither an endorsement nor a recommendation.

IMAGESTREAM INTERNET SOLUTIONS, INC. IS PROVIDING THIS SITE AND ITS CONTENTS ON AN "AS IS" BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO THIS SITE OR ITS CONTENTS. IMAGESTREAM INTERNET SOLUTIONS, INC. DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. IN ADDITION, IMAGESTREAM INTERNET SOLUTIONS, INC. DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE, OR CURRENT AND INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

Limitation of Liability
Under no circumstances, including, but not limited to negligence, shall ImageStream, its subsidiary and parent companies or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, ImageStream materials. You specifically acknowledge and agree that ImageStream is not liable for any defamatory, offensive, or illegal conduct of any user. If you are dissatisfied with any ImageStream material, your sole and exclusive remedy is to discontinue using ImageStream's Web site.

License to ImageStream
By posting messages, uploading files, inputting data, or engaging in any other form of communication through this service, you are granting ImageStream a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to:

Use, copy, sublicense, adapt, transmit, publicly perform, or display any such communication.
Sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

The foregoing grants shall include the right to exploit any proprietary rights in such communication including, but not limited to, rights under copyright, trademark, servicemark, or patent laws under any relevant jurisdiction.

Access to Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Web Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Web Site may be subject to prosecution.

Public Message Boards
This service may include bulletin boards, trouble ticket systems, quoting systems, and mailing list archives ("Public Message Boards") which allow feedback to ImageStream or other users of this Web site and real-time interaction between users. ImageStream does not control the messages, information or files delivered to Public Message Boards. It is a condition of your use of this web site that you do not:

Restrict or inhibit any other user from using Public Message Boards.
Post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane, or indecent information of any kind, including without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national, or international law.
Post or transmit any information, software or other material which contains a virus or other harmful component.
Post, transmit, or in any way exploit any information, software, or other material for commercial purposes, or which contains advertising.

You understand that ImageStream has no obligation to monitor the Public Message Boards. However, ImageStream reserves the right at all times to disclose any information as necessary to satisfy any law, regulation, or governmental request, or to edit, refuse to post, or to remove any information or material, in whole or in part, that in ImageStream's sole discretion is objectionable or in violation of these terms.

Terms of Sale, Software License, and Other Policies

ImageStream's Terms and Conditions of Sale, Software License Agreement, Performance Guarantee, Return Policy, Export Policy, and Warranty and are posted below for your review. Your organization shall be deemed to have assented to the Terms and Conditions of Sale, Software License Agreement, Performance Guarantee, Return Policy, Export Policy, and Warranty, whether or not previously received, upon accepting delivery of anything shipped by ImageStream. If tender of these terms is deemed an offer, acceptance is expressly limited to the terms hereof.

If you have questions about our policies or terms, or wish to have a printed copy of all terms and conditions, please contact ImageStream’s corporate offices:

ImageStream Internet Solutions
7900 East 8th Road
Plymouth, IN 46563 USA
ATTN: Legal Affairs

Phone: 1-574-935-8484
Fax: 1-574-935-8488
E-mail: legal@imagestream.com

Failure to review the Terms and Conditions of Sale, Software License Agreement, Performance Guarantee, Return Policy, Export Policy, and Warranty does not release your organization from the aforementioned terms. If your organization does not accept these terms, you must refuse delivery of any items shipped by ImageStream and contact our corporate offices immediately. Your organization shall be deemed to have assented to these terms, whether or not previously received or reviewed, upon accepting delivery of anything shipped by ImageStream.

Terms And Conditions Of Sale
When you accept shipment of any product purchased from ImageStream, your purchase is governed by ImageStream's Terms and Conditions of Sale. To review a copy of this document, please download our Terms And Conditions Of Sale PDF file.

Performance Guarantee and Return Policy
ImageStream's 31-day "no-hassle" performance guarantee is simple:

If your router fails to perform in accordance with the specifications provided by ImageStream, contact ImageStream’s support staff. If, after the support staff attempts to resolve the problem, your router continues to fail to meet the specifications, you can return the ImageStream router for a full refund within the first 31 days from the date on your invoice.

For complete terms of our Performance guarantee and Return Policy, please download our Performance Guarantee, Return Policies and Information document. This file is provided as an Adobe PDF.

Limited Warranty And Software License
ImageStream provides a one-year limited warranty on all hardware and software. Our Hardware Warranty and Software License document outlines the terms of this warranty, software license, warranty procedures, exclusions, and your rights under the warranty and license provisions. To view the complete terms of ImageStream's hardware warranty and software license, please download our Hardware Warranty and Software License document in .PDF format.

WEEE and RoHS Compliance

Waste Electrical and Electronic Equipment (WEEE) Directives
In 2003, the European Parliament passed the Waste Electrical and Electronic Equipment (WEEE) directives to encourage the reuse, recycling, and recovery of WEEE and to improve the environmental performance of all operators involved in the life cycle of electrical and electronic equipment, especially those dealing with WEEE.

The WEEE regulations apply to all electrical and electronic equipment placed on the European Union market that falls into any of ten (10) categories, unless the equipment is part of another type of equipment, which does not fall into any of these categories. Many ImageStream products are considered Category 3, IT and Telecommunication Equipment, and Category 9, Monitoring and Control Instruments.

ImageStream actively works with its European partners who import ImageStream products ensure compliance with the WEEE objectives. For more information concerning WEEE compliance recycling, please contact ImageStream’s recycler Technology Conservation Group at http://www.tcgrecycling.com/contact.htm to initiate the recycling process.

Restriction of the Use of Certain Hazardous Substances (RoHS) Directive

In 2004, the European Parliament and Council passed the Restriction of the Use of Certain Hazardous Substances in Electrical and Electronic Equipment (RoHS) directive to "protect human health and the environment by restricting the use of certain hazardous substances in new equipment." The RoHS directive covers the same scope of electrical and electronic equipment that are described under the WEEE directive, except Category 8 "Medical Devices" and Category 9 "Monitoring and Control Instruments," which are not subject to the RoHS directive. The RoHS directive also provides exemptions for specific product content and applications.

ImageStream Networking Products
ImageStream recognizes that eliminating certain hazardous substances from our products is beneficial to the environment, our customers, and employees. Therefore, we are working to ensure that all of our products comply with the RoHS directive.

ImageStream has determined that some router and WAN card content may continue to include lead solder that exceeds the RoHS content standards for lead after the July 1st, 2006 deadline. ImageStream continues to supply these products to EU customers in compliance with the RoHS directive by using Exemption 7 of the RoHS Annex, which exempts "lead in solders for network infrastructure equipment for switching, signalling, transmission as well as network management for telecommunication."

ImageStream Network Monitoring Products
ImageStream also provides components that are used in network monitoring and analysis applications. ImageStream WAN cards and monitoring taps that are used in network monitoring and analysis applications are not covered by RoHS, and are not required to comply with this directive.

If you have any questions about ImageStream products and our RoHS compliance program, please contact compliance@imagestream.com.

CALEA Compliance

Overview
In October 1994, the U.S. Congress passed the Communications Assistance for Law Enforcement Act (CALEA), which was designed to clarify a telecommunications carrier's duty to cooperate in the interception of communications for law enforcement purposes. The Act obliges telephone companies to make it possible for law enforcement agencies to tap any phone conversations carried out over their networks, as well as making call detail records available.

CALEA went into effect on January 1, 1995. On March 10th, 2004, the DOJ, FBI and DEA jointly petitioned the FCC to accelerate CALEA compliance among Internet and VoIP service providers that carry packet-based voice communications on their networks. As a result of this petition, the FCC set a new deadline of May 14th, 2007 for broadband service providers to comply with CALEA.

The FCC encourages all carriers to contact the FBI with questions about CALEA compliance. The FBI has set up a Web site to answer frequently asked questions about CALEA at http://www.askcalea.net.

Information on CALEA Compliance
ImageStream manufactures routers that are widely used in Internet and VoIP service provider networks. As customers have requested assistance with CALEA compliance, ImageStream has worked to ensure that all customers have the information needed to successfully complete their compliance efforts. The information that follows is designed to help carriers and service providers with their work on CALEA compliance for their respective companies.

IMPORTANT: IMAGESTREAM IS NOT RESPONSIBLE FOR YOUR ORGANIZATION'S COMPLIANCE WITH CALEA. IMAGESTREAM WILL NOT PAY ANY FEES, FINES, OR OTHER COSTS ASSOCIATED WITH YOUR COMPLIANCE EFFORTS. THE INFORMATION HERE IS PROVIDED "AS-IS" AND DOES NOT CONSTITUTE LEGAL ADVICE. INTERESTED PARTIES SHOULD SEEK INDEPENDENT LEGAL COUNSEL WHEN REVIEWING ANY PROGRAM OR PLAN THAT IS DESIGNED TO PROVIDE COMPLIANCE WITH CALEA.

According to the FBI's "Ask CALEA" Web site, CALEA compliance requires the carrier to, "(1) expeditiously isolate all wire and electronic communications of a target transmitted by the carrier within its service area; (2) expeditiously isolate call-identifying information of a target; (3) provide intercepted communications and call-identifying information to law enforcement; and (4) carry out intercepts unobtrusively, so targets are not made aware of the electronic surveillance, and in a manner that does not compromise the privacy and security of other communications."

After surveying dozens of carriers and service providers, it is clear that as of January 2007, many will not achieve CALEA compliance by the May 14th, 2007 deadline. Other organizations have spent considerable time and money to ensure their networks will comply with the Act by this deadline.

ImageStream's informal survey revealed that many service providers plan to continue operating as they have in the past, by waiting for a subpoena to be served, and then providing access to law enforcement officials for the connection of monitoring equipment to mirror ports on the LAN switches required to intercept voice communications of the target. According to the FBI, this strategy will fall short of compliance because the carrier is required to "isolate all wire and electronic communications of a target," and a mirror port on a LAN switch will not isolate the traffic of a specific target from the other traffic on the network.

To address this issue, ImageStream is developing software that will be available to customers free of charge by April 1st, 2007. This software will make it possible for ImageStream routers to create a tee in the data stream for a specific IP address, and send that traffic to a physical port or to a destination IP address via a tunnel. This software will allow carriers and service providers to deliver the isolated network traffic of a specific target to law enforcement authorities.

At the time of this writing, ImageStream routers do not provide voice gateway services. This means that ImageStream routers do not initiate or terminate voice communications, and as a result, they do not have access to the information required to generate call records. If your organization provides VoIP gateway services, then the VoIP gateway equipment you are using must provide the call records and other information that may be required by law enforcement authorities. In the future, if ImageStream offers new router software that provides VoIP gateway services, then ImageStream will provide access to the appropriate call records and other information required for CALEA compliance.

Conclusion
Like most new telecommunications laws, CALEA compliance can be reduced to a list of best practices that have not yet been proven in the courts. The FBI is responsible for CALEA enforcement, so carriers will be cited and fined for non-compliance based on the FBI's interpretation of the Act.

In many cases, carriers that are serious about CALEA compliance have hired CALEA consultants or other third party auditors to ensure that they comply with the Act. This can be a good strategy for organizations that do not have the technical talent to review their own networks for compliance. It also provides a third party audit that reduces the chance of being fined for failure to comply with CALEA.

One important area of CALEA compliance is the ability to provide access to the network for law enforcement monitoring. The FBI has directly confirmed that CALEA compliance requires the network traffic for a specific target to be isolated from the other traffic on the network. This means that the practice of providing a mirror port on the appropriate LAN switch will not be sufficient for CALEA compliance.

Another area critical to CALEA compliance is the ability to produce call records for a specific target. Since ImageStream routers do not provide VoIP gateway services, they do not produce call records, and the call records required for CALEA compliance must be produced by the VoIP gateway equipment that provides these services.

For some, the best compliance strategy will be to hire a third party consultant, which suggests the carrier has made its best effort to achieve compliance. For others, the best strategy will be to read the Act, and take action to comply with CALEA, including a full review of network operations and equipment capabilities.

Service providers with regional lawful intercept requirements can count on ImageStream to provide software support for lawful intercepts that will be accepted by law enforcement. Current intercept support includes filtering of target traffic to and from a specific IP or MAC address, remote storage on a local or remote server in PCAP format files, and hash file support for later verification of the intercept files. This software is included with ImageStream Linux at no additional cost. Also, if you need hardware taps for LAN and WAN circuits, ImageStream carries a full line of competitive network taps that will work in your network.

For additional information on CALEA, please refer to the "Ask CALEA" Web site, which includes FBI contact information that may be helpful if you have additional compliance questions. For more information on ImageStream's efforts to help customers with CALEA compliance, please call ImageStream or e-mail compliance@imagestream.com.