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This Acceptable Use Policy (“AUP”) governs the use of all
Mobilsat SkyEdge satellite-based
Internet access services (the “Service”). The AUP is subject to
the definitive agreement
governing service provision between Mobil Satellite Technologies
(Mobilsat) and the purchaser of the Service from Mobil Satellite
Technologies (“Customer”). Customer’s use of the Service constitutes
acceptance and agreement of the terms and conditions of this AUP.
Any violation may be considered a material breach by Customer.
Should Customer fail to abide by this AUP, or be unable to comply
with the network guidelines set forth by Mobil Satellite Mobilsat
from time to time, Mobilsat may take such action as it deems necessary
to protect the integrity of its Mobilsat network and resolve any
AUP violation, including, but not limited to, denying further
access to particular Subscribers or filtering as needed. Mobilsat
reserves the right to modify or clarify this AUP at any time,
without notice, effective upon posting the revised policy on the
Mobilsat website (www.Mobilsat.com).
Mobilsat reserves the right to prevent improper or excessive consumption
of bandwidth. Customer should be aware that the networking of
additional computers to access the Service may result in excessive
bandwidth consumption. In such event, Mobilsat may, among other
available actions, limit any excessive throughput, discontinue
service via blocking of specific ports or communication protocols,
and discontinue Service to the Customer or Subscriber with improper
or excessive bandwidth consumption, whether intended or unintended
(e.g., viruses, worms, malicious code, or otherwise unknown causes).
Mobilsat standard services are designed for
typical “inbound” (from the remote VSAT unit to the
Mobilsat hub) and “outbound” (from the Mobilsat hub to the remote
VSAT unit) transmission1 as stated in the table below. Mobilsat
reserves the right to throttle or suspend service to individual
remote sites that exceed throughput limits per month as indicated:
Mobilsat Acceptable Use Policy Throughput
Limits
Mobilsat SkyEdge network hub architecture
is based on a proprietary two-dimensional (time and
frequency) access scheme that maximizes the utilization of satellite
space segment by randomly
assigning IP packets transmitted from VSAT sites to different
time slots and frequency channels. As a result, these fixed time
and frequency slots can be filled up by IP packets of arbitrary
length at any given point in time. Therefore, the number of data
packets sent over the network at any given time does not necessarily
correspond to the size of data throughput.
Mobilsat Acceptable Use Policy Throughput
Limits
| Broadband Series |
Broadband 128 |
Broadband 256 |
Broadband 512 |
| IB MBs/site/month |
400 |
600 |
1200 |
| OB MBs/site/month |
800 |
1600 |
2400 |
| IP Packets/site/month |
600,000 |
1,200,000 |
2,400,000 |
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| Performance Series |
Performance 256 |
Performance 512 |
Performance 1024 |
| IB MBs/site/month |
2000 |
3000 |
4000 |
| OB MBs/site/month |
4000 |
6000 |
8000 |
| IP Packets/site/month |
4,000,000 |
6,000,000 |
8,000,000 |
Mobilsat SkyEdge network’s inbound transmission
technology is packet-driven in design. For example, applications
that send small quantities of packets with large data payloads
per packet may experience better performance than applications
sending large numbers of packets with small data payloads. Consequently,
monitoring, streaming or “pinging” applications that transmit
a very high number of small packets consume disproportionate amounts
of VSAT inbound bandwidth resources, and may impact the network
performance negatively; these applications are, therefore, subject
to regulation by Mobilsat.Customer’s on-line activity will be
subject to the then-current bandwidth, data storage and other
limitations of the Service, which Mobilsat may, from time to time,
revise in its discretion without providing advance written notice.
Customer is also required to utilize Mobilsat
Internet Page Accelerator (IPA) technology with
all PCs connected to the Service that will be used for HTTP browsing.
Customer agrees that it will not initiate,
participate in, or allow any of the following activities through
or in connection with the Service, which constitute examples of
improper use of the Service and therefore areprohibited. In Mobilsat’s
sole discretion, Mobilsat may, WITHOUT NOTICE, SUSPEND OR TERMINATE
Customer’s access to the Service, upon the occurrence of any of
the following events.
Customer may not:
1. Use the Service for illegal purposes or for the transmission
of material that is known to be false, unlawful, harassing, libelous,
defamatory, profane, invasive of another’s privacy, abusive,
threatening, harmful, vulgar, obscene, sexually explicit, hateful
or otherwise objectionable; to post
material, non-public information about companies, without the
authorization to do so; to post or
transmit third-party copyrighted information or in any way infringe
on the intellectual property,
contractual, or fiduciary rights of others; for the transmission
of junk mail or chain letters, or to
distribute bugs, viruses or such other harmful elements; to post
improper messages; to attempt to
break security, or in fact, to break security of any computer
network, to access an account which
does not belong to Customer, or any other act of a malicious nature
which may reasonably result
in harm or damage to another user’s service, equipment, or privacy,
including, but not limited to,
any act of fraud; or to violate the terms of the agreement by
which Customer is taking the Service
from Mobilsat;
2. Post messages substantially similar in
content to ten (10) or more news groups, forums,
automated e-mail lists or other similar groups or lists (each
a “List”) or intentionally post to any
List any content or information that violates or is otherwise
inconsistent with the terms of use or
other owner-published description of the group or List;
3. Send any spam, unsolicited mass distribution
of e-mail or other solicitations, or otherwise
unsolicited e-mail. Except as otherwise defined under applicable
law, “unsolicited e-mail” does
not include any message (i) addressed to an individual with whom
the sender has a preexisting
and ongoing business or personal relationship, (ii) received from
a non-commercial organization
or entity of which the individual is a pre-existing member or
(iii) posted to a List that does not
otherwise violate this policy. Conduct mail-bombing (sending mass
amounts of email to one
recipient or system) with the intent to render said system dysfunctional;
or Syn-flood attacks (to
overburden a recipients computer system by sending a high volume
of spurious data which
effectively impedes functionality, or totally disables recipient
system) and any other methods of
denial of service;
4. Engage in any of the foregoing activities
by using the service of another provider, but channeling
such activities through Mobilsat IP addresses as a mail drop for
responses or otherwise using
the services of another provider for the purpose of facilitating
the foregoing activities if such use
of another party’s service could reasonably be expected to adversely
affect the Service;
5. Improperly restrict, inhibit, or degrade
any other Mobilsat customer’s use of the Service, or
restrict, inhibit, disrupt, degrade or impede Mobilsat’s ability
to deliver the Service and monitor its
delivery of the Service;
6. Install automated search and retrieve programs
or similar automated and manual routines which generate excessive
amounts of net traffic;
7. Engage in any activity that compromises
or threatens Mobilsat’s ability to provide the Service in
a reasonable and efficient manner. Examples of prohibited use
include, but are not limited to,
running servers for mail, http, ftp, irc, and multi-user interactive
forums, and providing Internet
access to others through a dial-up connection, multi-user interactive
forums, or similar means;
8. Engage in any other activity which is in
violation of law, or threatens the integrity of any computer system,
or violates generally accepted standards of Internet conduct and
usage, including but not limited to denial of service attacks,
web page defacement, port and network scanning and unauthorized
system penetrations.
Mobilsat reserves the right to implement technical
mechanisms which block postings and messages which, in Mobilsat’s
sole discretion, violate this AUP before they are forwarded or
otherwise sent to their intended recipients. Mobilsat also reserves
the right to take such action as may be necessary to protect the
integrity of the network, including, but not limited to, regular
system monitoring, as well as port scanning and shutting down
of ports affected by viruses, worms or other malicious code.
Customer agrees to comply with the laws, rules,
regulations and policies applicable to any network, server, computer
database, web site, newsgroup or ISP that is accessed through
the Service. Any violation of such laws, rules, regulations or
policies may serve as cause for Mobilsat to suspend or terminate
the Service as provided herein.
Nothing contained in this policy shall be
construed to limit Mobilsat’s rights or remedies in any way with
respect to any of the foregoing activities, and Mobilsat reserves
the right to take any and all additional actions that it may deem
appropriate with respect to such activities, including without
limitation, investigating suspected violations of this AUP, taking
action to recover the costs and expenses of identifying offenders
and terminating their access to and use of the Service, and levying
cancellation charges to cover Mobilsat’s costs in the event of
termination of access to the Service. In addition, Mobilsat reserves
at all times all available rights and remedies with respect to
such activities at law or in equity.
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