Mobil Satellite Technologies ViaSat 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.
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) 295-8726 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.
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.
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.
Mobil Satellite Technologies ViaSat Data Allowance Policy
READ THIS AGREEMENT CAREFULLY BEFORE USING THE MOBIL SATELLITE TECHNOLOGIES HTS EXEDE ISP SERVICE.
Our goal is to give each of our customers the fastest service at the lowest price. To ensure that all Mobil Satellite Technologies HTS Exede customers have equitable access to the network and that heavy usage by a small number of customers does not negatively impact the network performance for all customers, Mobil Satellite Technologies and ViaSat utilize a data allowance policy (the ?Policy?). This Policy explains what happens when you use the maximum amount of data included in your plan. ViaSat HTS Exede Internet access is not guaranteed and is subject to this Policy.
We measure your data usage on a monthly basis and reset it to zero on the same day each month. Starting on the first day of your monthly measurement period, all uploaded and downloaded data transmitted using your HTS Exede Internet service.
If your data usage reaches 100% or more of your monthly data allowance, you agree to pay for all additional increments of overage data used during the remainder of your measurement period. Actual monthly billing will be the base monthly plan price plus any usage in excess of the included data.
There are three (3) ways that overages can be paid for:
Customer keeps a valid credit/debit card on file and this card is billed if/when there are any overage amounts.
Customer issues a Blanket Purchase Order for any overage amounts that may become due, and we will invoice customer for these amounts against the valid Purchase Order.
Customer pre-purchases a set amount of overage bandwidth in advance, and this amount is kept on the account as a credit balance in perpetuity to be used for any overage amounts that may become due. The pre-purchased amount of overage bandwidth shall be equal to a minimum of three (3) times the base monthly service plan charges.
If at any time your data usage exceeds your monthly data allowances and you have not purchased additional increments of data or made arrangements per the above paragraph, Mobil Satellite Technologies may restrict your service until the end of your monthly measurement period. At the end of each monthly measurement period, your data usage resets to zero. Any unused data or additional purchased increments of data do not carry over to the next month.
This Policy contains important information about your use of the Mobil Satellite Technologies HTS Exede service and your relationship with Mobil Satellite Technologies. If you do not agree with this Policy, you are not permitted to use the Mobil Satellite Technologies HTS Exede service and must terminate your account immediately, subject to the terms of your Customer Agreement. For additional information about permitted uses of the Mobil Satellite Technologies HTS Exede service, see our Acceptable Use Policy at https://www.mobilsat.com/Satellite-internet-downloads/,. For information about our network management practices, please see our Network Management Policy at https://www.mobilsat.com/Satellite-internet-downloads/.
Mobil Satellite Technologies may revise this Policy from time to time upon notice by posting a new version of this document on mobilsat.com, or any successor URL(s). All revised copies of the Policy are effective immediately upon posting. Questions regarding this Policy can be directed to Mobil Satellite Technologies via email or telephone.