Mobil Satellite Technologies HTS Exede Acceptable Use Policy


THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF MOBIL SATELLITE TECHNOLOGIES’ SERVICES AS WELL AS YOUR RELATIONSHIP WITH MOBIL SATELLITE TECHNOLOGIES. PLEASE READ THIS POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OURS.
IF YOU DO NOT AGREE TO COMPLY WITH THIS POLICY, YOU MAY NOT USE MOBIL SATELLITE TECHNOLOGIES’ SERVICES AND YOU MUST TERMINATE YOUR SERVICES IMMEDIATELY.

Introduction
It is Mobil Satellite Technologies intent to provide our customers with excellent Internet and Voice over Internet Protocol (“VoIP”) services through satellite technology.  In order to accomplish this objective, we have adopted this Acceptable Use Policy (the “Policy”).  This Policy outlines the acceptable uses of the Mobil Satellite Technologies HTS Exede Internet service, (the “Services”).

Mobil Satellite Technologies may revise this Policy from time to time without notice by posting an updated version of this document on www.wildblue.com, exede.com, exede.net, viasat.com or any successor websites.  All revised versions of this Policy are effective immediately upon posting.  In the event of a conflict between any subscriber or customer agreement and this Policy, the terms of the subscriber or customer agreement shall govern. 

Prohibited Uses and Activities
You agree not to use the Service(s), or any Mobil Satellite Technologies equipment, or allow others to use the Service(s) or equipment, to do any of the following:
(i) undertake any unlawful, fraudulent, or criminal purpose; (ii) post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be offensive, indecent, pornographic, harassing, threatening, invasive of privacy, vulgar, hateful, defamatory, racially or ethnically offensive, or otherwise inappropriate, regardless of whether such information or material or its dissemination is unlawful; (iii) access any other person’s computer or computer system, software, or data without his/her consent or attempt to circumvent the user authentication or security of any host, network, or account; (iv) use or distribute tools designed or used for compromising security; (v) engage in unauthorized port scanning; (vi) interfere with the ability of any other person to use or enjoy the Services, or engage in activities designed to degrade, or have the effect of degrading, service to Mobil Satellite Technologies HTS Exede users or others; (vii) transmit unsolicited bulk or commercial messages or “spam;” (viii) upload, post, publish, transmit, reproduce, create derivative works of, distribute, or engage in any activity that infringes upon, or assists others in infringing upon, the intellectual property rights (including rights granted by US copyright law) of any person or entity, including Mobil Satellite Technologies; (ix) run programs, equipment, or servers that provide network content or any other services to anyone outside of your local area network (also commonly referred to as public services or servers); (x) participate in the collection of personal information, responses from unsolicited messages or other identifiers of others (without their prior consent); (xi) impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, falsify, alter or remove any packet or message header (or any part thereof), including references to Mobil Satellite Technologies’ or ViaSat’s HTS Exede network in the header, list a Mobil Satellite Technologies or ViaSat IP address in any unsolicited bulk email message, or perform any other similar fraudulent activity; (xii) connect Mobil Satellite Technologies HTS Exede equipment to any computer or network device outside of your premises; (xiii) violate the rules, regulations, or policies applicable to any network, server, computer database, or website that you access; (xiv) damage the name or reputation of Mobil Satellite Technologies or ViaSat, their affiliates, or subsidiaries; (xv) use any name or mark of Mobil Satellite Technologies or ViaSat, their affiliates, or subsidiaries in any manner not expressly authorized in writing by Mobil Satellite Technologies; (xvi) operate a call-center service, telemarketing-center service, monitor service, intercom service, conference-bridge service, transcription service or other similar service; (xvii) make mechanized voice calls, including, but not  limited to, extensive call forwarding, the use of auto-dialers, the use of fax machines for fax blasting or fax broadcasting, or the use of voice programs for voice blasting; (xviii) uploading streaming content (including music and video content) for resale, unless you are expressly permitted to do so through the terms of your contract as a subscriber of the Mobil Satellite Technologies HTS Exede Enterprise Service; (xvix) autonomous or automated machine to machine communication, unless you are expressly permitted to do so through the terms of your contract as a subscriber of the Mobil Satellite Technologies HTS Exede Enterprise Service; (xx) wireless backhaul services, unless you are expressly permitted to do so through the terms of your contract as a subscriber of the Mobil Satellite Technologies HTS Exede Enterprise Service; (xxi) engage in any action that circumvents or thwarts Mobil Satellite Technologies or ViaSat’s enforcement of its network management practices described in Mobil Satellite Technologies Network Management Policy or the data limits described in the Data Allowance Policy applicable to your Service.

Network, Bandwidth, Data Storage and Other Limitations You may only access and use the Service with a dynamic Internet Protocol (“IP”) address that adheres to the dynamic host configuration protocol (“DHCP”). You may not access or use the Service with a static IP address or use any protocol other than DHCP unless you are subject to a Service plan that expressly permits otherwise.  

Copyright Infringement Mobil Satellite Technologies and ViaSat are committed to complying with U.S. copyright and related laws, and requires all customers and users of the Service to comply with these laws.  Owners of copyrighted works may take advantage of certain provisions of the Digital Millennium Copyright Act of 1998 (the “DMCA”) to report alleged infringements.  In accordance with the DMCA and other applicable laws, it is Mobil Satellite Technologies’ policy to reserve the right to terminate the Service(s) of any user who infringes upon the intellectual property rights of another, including repeat infringers, or who Mobil Satellite Technologies believes, in its sole discretion, is infringing upon such rights. 
Copyright owners may report alleged infringements of their works that are accessed through the Service by sending Mobil Satellite Technologies a notification of claimed infringement that satisfies the requirements of the DMCA.  Upon Mobil Satellite Technologies’ receipt of a satisfactory notice of claimed infringement, Mobil Satellite Technologies shall notify the user associated with the alleged infringement.  If the affected customer or user believes in good faith that the allegedly infringing works have been removed or blocked by mistake or misidentification, then that person may send a counter-notification to Mobil Satellite Technologies.  Upon Mobil Satellite Technologies receipt of a counter-notification that satisfies the requirements of DMCA, Mobil Satellite Technologies will provide a copy of the counter-notification to the person who sent the original notification of claimed infringement and will follow the DMCA’s procedures with respect to a counter-notification.  In all events, Mobil Satellite Technologies will not be a party to any dispute or lawsuit regarding alleged copyright infringement.
Copyright owners may send ViaSat a notification of claimed infringement to report any alleged infringement of their works to:
Legal Department Mobil Satellite Technologies, 2021 Scenic Parkway, Chesapeake, Virginia 23323 U.S.A. Fax: (757) 282 7701 E-mail:Communications.Legal@mobilsat.com
Copyright owners may submit a notification of claimed infringement to Mobil Satellite Technologies in a format that satisfies the requirements of Section 512(c)(3) of the U.S. Copyright Act.  Under the DMCA, anyone who knowingly makes misrepresentations regarding alleged copyright infringement may be liable to Mobil Satellite Technologies, the alleged infringer, and the affected copyright owner for any damages incurred in connection with the removal, blocking, or replacement of allegedly infringing material. If a notification of claimed infringement has been filed against you, you may file a counter-notification with Mobil Satellite Technologies using the contact information shown above.  Counter-notifications must satisfy the requirements of Section 512(c)(3) of the U.S. Copyright Act.

General
Although Mobil Satellite Technologies has no obligation to monitor the Services and/or its network, Mobil Satellite Technologies and its authorized suppliers reserve the right at any time to monitor bandwidth, usage, transmissions, and content from time to time in order to operate the Services, identify violations of this Policy or your customer or subscriber agreement, or protect the network, the Services and Mobil Satellite Technologies users. 
If the Services are used in a way that Mobil Satellite Technologies, in its sole discretion, believes violate this Policy or your customer or subscriber agreement, Mobil Satellite Technologies may take any responsive actions it deems appropriate, including refusing to transmit or post, or removing or blocking, any information or materials, in whole or in part.  Neither Mobil Satellite Technologies nor its affiliates, subsidiaries, suppliers, officers, directors, employees or agents will have any liability for any of these responsive actions.  These actions are not Mobil Satellite Technologies exclusive remedies and Mobil Satellite Technologies may take any other legal or technical action it deems appropriate.
The failure of Mobil Satellite Technologies to enforce this Policy, for whatever reason, shall not be construed as a waiver of any right to do so at any time.  You agree that if any portion of this Policy is held invalid or unenforceable, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.
The provisions of this Policy are not meant to be exhaustive.  Generally, any conduct that violates law, regulation, or the accepted norms and ethics of the Internet community or the community at large, whether or not expressly mentioned in this Policy, is prohibited. 

Internet Provisions
Mobil Satellite Technologies does not endorse or in any way vouch for any content on or made available through the Service.  Any content on or made available through the Service does not constitute or reflect the views or approval of Mobil Satellite Technologies or any of its directors, officers, employees, subsidiaries or affiliates. 
Upon termination of your Service(s), Mobil Satellite Technologies is authorized to delete any files, programs, data and e-mail messages associated with your account.
You acknowledge that content on or made available through the Service might consist of, include and/or provide access to images, sound, messages, text, services or other content and material that may be unsuitable for minors and that may be objectionable to many adults.  You acknowledge that Mobil Satellite Technologies is not responsible for any such content or material and agree that access to same through use of the Service is at your sole risk.  The reliability, availability, legality, performance and other aspects of resources accessed through the Service are beyond Mobil Satellite Technologies reasonable control.  You acknowledge that safeguards relative to copyright, ownership, appropriateness, reliability, legality and integrity of content may be entirely lacking with respect to the Internet and content accessible through it.