Mobil Satellite Technologies SkyEdge Service

 
     
  SKYEDGE SATELLITE INTERNET ACCESS
ACCEPTABLE USE POLICY

 
 

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 proprietarytwo-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.

 
 
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
       
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.