Mobil Satellite Technologies SkyEdge Service
ACCEPTABLE USE POLICY
Use Policy (“AUP”) governs the use of all Mobilsat SkyEdge satellite-based
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.
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
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:
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
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.