1. User Eligibility
The Web Site is provided by Check TSA, Inc. and available only to entities and
persons over the age of legal majority who can form legally binding agreement(s) under
applicable law. If You do not qualify, You are not permitted to use the Web Site.
By using the Web Site and Services You agree to conform and be bound to all rules,
regulations, laws, and restrictions provided by the Transportation Security Administration of
the United States Department of Homeland Security ("TSA") and the
United States Customs and Border Protection ("CBP") regarding use and access to any and
all data and/or information provided to You by the Web Site. You may not use the Web Site or
Services on behalf of, or for, any other party other than the party expressly registered by
You with Check TSA, Inc.
By subscribing to the Web Site Services, you authorize Check TSA, Inc. to represent you
as your provider for TSA security services and CBP services and assign
Check TSA, Inc. the permission to act on your behalf in retreiving, processing, and
providing secure TSA and CBP data for your use in your approved security screening procedures and
5. Subscription Payment Terms
You must select a payment method to pay for your fees for Services. You must provide accurate billing and payment information.
You agree to pay Check TSA, Inc. for all charges incurred under your account, including all applicable taxes, fees, and surcharges.
You authorize Check TSA, Inc. to charge your designated payment method for these charges.
You are responsible for maintaining current records of account information for use for payment of your
account and are responsible for
notifying and providing any new or changed payment information to Check TSA, Inc. immediately upon change.
If Check TSA, Inc. does not receive payment
from your designated payment method, you agree to pay all amounts due within 30 days upon demand by Check TSA, Inc., or its operators.
Any trial promotion (such as free trial time or trial access to Services) must be used within the specified time of the trial.
You must cancel your account before the end of the trial period to avoid being charged the subscription fee.
For account plans that have one or more year terms, you agree to continue and pay for the service for the time specified.
Early termination fees will be calculated based on 25% of the remaining time of the term at the minimum rate of the plan selected.
Fees charged for Services are nonrefundable and are due in advance. Late payment of fees or rejected payments may be subject to additional charges.
Use of the Services indicates acceptance of terms contained herein.
6. Privacy and Systems Security Policy
All communications and data are provided using secure encryption where applicable and access to SSI, as defined by The Department of Homeland Security, is made available only to authorized personel, to the best of our abilities to ensure security of sensitive data. No SSI data is available in an unencrypted form on any publically accessable system and no pathway is available to secure systems.
7. License and Ownership
Check TSA, Inc. grants You a limited, personal, nontransferable, nonsublicensable, revocable license to (a) access and use only the Web Site, Content and Services only in the manner presented by Check TSA, Inc., and (b) access and use the Check TSA, Inc. computer and network services offered within the Web Site (the "CheckTSA Systems") only in the manner expressly permitted by Check TSA, Inc. Except for this limited license, Check TSA, Inc. does not convey any interest in or to the CheckTSA Systems, information or data available via the CheckTSA Systems (the "Information"), Content, Services, Web Site or any other Check TSA, Inc. property by permitting You to access the Web Site. Except to the extent required by law or as expressly provided herein, none of the Content and/or Information may be reverse-engineered, modified, reproduced, republished, translated into any language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of Check TSA, Inc. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the Content in any way, unless expressly permitted to do so by Check TSA, Inc.
8. Restrictions on Use of the Web Site
|(a)|| ||You shall not disguise the origin of information transmitted through the Web Site.|
|(b)||You will not place false or misleading information on the Web Site.|
|(c)||You will not use or access any service, information, application or software available via the Web Site in a manner not expressly permitted by Check TSA, Inc.|
|(d)||You will not input or upload to the Web Site any information which contains viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, the Web Site or Information or that infringes the Intellectual Property (defined below) rights of another.|
|(e)||Certain areas of the Web Site are restricted to customers of Check TSA, Inc.|
|(f)||You may not use or access the Web Site or the CheckTSA Systems or Services in any way that, in Check TSA, Inc.'s judgment, adversely affects the performance or function of the CheckTSA Systems, Services or the Web Site or interferes with the ability of authorized parties to access the CheckTSA Systems, Services or the Web Site.|
|(g)||You may not frame or utilize framing techniques to enclose any portion or aspect of the Content or the Information, without the express written consent of Check TSA, Inc.|
(b) Inbound Links. Linking to any page of the Web Site other than to http://www.CheckTSA.com through a plain text link is strictly prohibited in the absence of a separate linking agreement with Check TSA, Inc. Any web site or other device that links to the CheckTSA.com domain name or any page available therein is prohibited from (a) replicating Content, (b) using a browser or border environment around the Content, (c) implying in any fashion that Check TSA, Inc. or any of its affiliates are endorsing it or its products, (d) misrepresenting any state of facts, including its relationship with Check TSA, Inc. or any of its affiliates, (e) presenting false information about Check TSA, Inc. products or services, and (f) using any logo or mark of Check TSA, Inc., the Web Site, or any of its affiliates without express written permission from Check TSA, Inc.
Check TSA, Inc. does not accept ideas, concepts, or techniques for new services or products through the Web Site ("Comments"). If such Comments are received, You acknowledge that (a) they will not be considered confidential or proprietary, (b) Check TSA, Inc. and its affiliates are under no obligation to keep such information confidential, and (c) Check TSA, Inc. will have an unrestricted, irrevocable, world-wide, royalty-free right to use, communicate, reproduce, publish, display, distribute, and exploit such Comments in any manner it chooses.
You agree that Aviation Technologies, in its sole discretion, may terminate or suspend Your use of the Web Site, the CheckTSA Systems, Information, Services and Content at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Upon such suspension or termination, You must immediately (a) discontinue use of the Web Site, and (b) destroy any copies You have made of any portion of the Content (with the exception of transaction reports required to be archived by the TSA). Accessing the Web Site, the CheckTSA Systems, Information or Services after such termination, suspension or discontinuation shall constitute an act of trespass. Further, You agree that Check TSA, Inc. shall not be liable to You or any third party for any termination or suspension of Your access to the Web Site, the CheckTSA Systems, Information and/or the Services.
12. Disclaimer of Warranties
CHECK TSA, INC. MAKES NO REPRESENTATIONS ABOUT THE RESULTS TO BE OBTAINED FROM USING THE WEB SITE, THE CHECKTSA SYSTEMS, THE SERVICES, THE INFORMATION OR THE CONTENT. THE USE OF SAME IS AT YOUR OWN RISK.
YOU AGREE THAT IT IS YOUR RESPONSIBILITY TO ENSURE THAT YOU COMPLY WITH ALL REGULATIONS AND LAWS CONCERNING USE OF ANY CONTENT OBTAINED WHILE USING THE WEB SITE, AND YOU ARE RESPONSIBLE FOR BEING AWARE OF ANY CHANGES OF REGULATIONS OR LAWS THAT MAY EFFECT THE VALIDITY, OR USEABILITY OF THE CONTENT OF THE WEB SITE AND THE CHECKTSA SYSTEM.
13. Limitation of Liability
14. Compliance with Law Including Export Control
You agree to use the Web Site in strict compliance with all applicable laws, rulings and regulations and in a fashion that does not, in the sole judgment of Check TSA, Inc., negatively reflect on the goodwill or reputation of Check TSA, Inc. and shall take no actions which would cause Check TSA, Inc. to be in violation of any laws, rulings or regulations applicable to Aviation Technologies Inc.
Check TSA, Inc. and the Web Site are based in the United States. The United States and certain other jurisdictions control the export of products and information. You agree to comply with all such applicable restrictions and not to export or re-export the Content (including any software or the Services) to countries or persons prohibited under the United States or other applicable export control laws or regulations. If You access and download the Content (including any software or the Services) or Information, You represent that You are not in a country where such export is prohibited or are not a person or entity to which such export is prohibited. You are solely responsible for compliance with the laws of Your local jurisdiction and any other applicable laws regarding the import, export, or re-export of the Content (including any software or the Services).
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY EXPRESSLY AGREE THAT ANY PROCEEDING ARISING OUT OF OR RELATING TO YOUR USE OF THE WEB SITE, THE CHECKTSA SYSTEMS, INFORMATION, SERVICES AND CONTENT SHALL BE INSTITUTED IN A STATE OR FEDERAL COURT SITTING IN THE COUNTY OF LUZERNE, STATE OF PENNSYLVANIA, UNITED STATES OF AMERICA AND YOU EXPRESSLY WAIVE ANY OBJECTION THAT YOU MAY HAVE NOW OR HEREAFTER TO THE LAYING OF THE VENUE OR TO THE JURISDICTION OF ANY SUCH PROCEEDING. YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO YOUR USE OF THE WEB SITE, THE CHECKTSA SYSTEMS, INFORMATION, SERVICES AND/OR CONTENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE.
16. Governing Law and Language
18. Written Document
19. Complete Agreement
Aviation Technologies, Inc.
Wilkes Barre/Scranton International Airport
Avoca, PA 18641
The CheckTSA.com web site system is designed to allow aircraft operators to be complient with
Aviation Security Directive SD 1544-01-20D and SD 1544-01-21E.
These directives apply to all aircraft operators regulated under Title 49,
Code of Federal Regulations (CFR), Part 1544.
Part 154 Aircraft Operator Security: Air Carriers and Commercial Operators:
Applies to certain aircraft operators holding operating certificates for scheduled passenger operations, public charter passenger operations, private charter passenger operations, and other aircraft operators. This part requires such operators to adopt and carry out a security program approved by TSA. It contains requirements for screening of passengers and property. This part also describes requirements applicable to law enforcement officers flying armed aboard an aircraft, as well as requirements for fingerprint based criminal history record checks of specified individuals. This part describes the requirements related to Security Directives issued to aircraft operators.
Subpart B - Security Program
§ 1544.101 Adoption and implementation.
(a) Full program. Each aircraft operator must carry out subparts C, D, and E of this part and must adopt and carry out a security program that meets the requirements of §1544.103 for each of the following operations:
(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 61 or more seats.
(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger seating configuration of 60 or fewer seats when passengers are enplaned from or deplaned into a sterile area.
(b) Partial program—adoption. Each aircraft operator must carry out the requirements specified in paragraph (c) of this section for each of the following operations:
(1) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 31 or more but 60 or fewer seats that does not enplane from or deplane into a sterile area.
(2) A scheduled passenger or public charter passenger operation with an aircraft having a passenger-seating configuration of 60 or fewer seats engaged in operations to, from, or outside the United States that does not enplane from or deplane into a sterile area.
(c) Partial program-content: For operations described in paragraph (b) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements in §1544.103 (c):
(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301, 1544.303, and 1544.305.
(2) Other provisions of subparts C, D, and E of this part that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(d) Twelve-five program-adoption: Each aircraft operator must carry out the requirements of paragraph (e) of this section for each operation that meets all of the following—
(1) Is in an aircraft with a maximum certificated takeoff weight of 12,500 pounds or more;
(2) Is in scheduled or charter service;
(3) Is carrying passengers or cargo or both; and
(4) Is not under a full program or partial program under paragraph (a) or (b) of this section.
(e) Twelve-five program-contents: For each operation described in paragraph (d) of this section, the aircraft operator must carry out the following, and must adopt and carry out a security program that meets the applicable requirements of §1544.103 (c):
(1) The requirements of §§1544.215, 1544.217, 1544.219, 1544.223, 1544.230, 1544.235, 1544.237, 1544.301(a) and (b), 1544.303, and 1544.305.
(2) Other provisions of subparts C, D, and E that TSA has approved upon request.
(3) The remaining requirements of subparts C, D, and E when TSA notifies the aircraft operator in writing that a security threat exists concerning that operation.
(f) Private charter program. In addition to paragraph (d) of this section, if applicable, each aircraft operator must carry out §§1544.201, 1544.207, 1544.209, 1544.211, 1544.215, 1544.217, 1544.219, 1544.225, 1544.229, 1544.230, 1544.233, 1544.235, 1544.303, and 1544.305, and subpart E of this part and—
(1) Must adopt and carry out a security program that meets the applicable requirements of §1544.103 for each private charter passenger operation in which—
(i) The passengers are enplaned from or deplaned into a sterile area; or
(ii) The aircraft has a maximum certificated takeoff weight greater than 45,500 kg (100,309.3 pounds), or a passenger-seating configuration of 61 or more, and is not a government charter under paragraph (2) of the definition of private charter in §1540.5 of this chapter.
(2) The Administrator may authorize alternate procedures under paragraph (f)(1) of this section as appropriate.
(g) Limited program: In addition to paragraph (d) of this section, if applicable, TSA may approve a security program after receiving a request by an aircraft operator holding a certificate under 14 CFR part 119, other than one identified in paragraph (a), (b), (d), or (f) of this section. The aircraft operator must—
(1) Carry out selected provisions of subparts C, D, and E;
(2) Carry out the provisions of §1544.305, as specified in its security program; and
(3) Adopt and carry out a security program that meets the applicable requirements of §1544.103 (c).
[67 FR 8364, Feb. 22, 2002, as amended at 67 FR 8209, Feb. 22, 2002; 67 FR 41639, June 19, 2002; 67 FR 79887, Dec. 31, 2002]