Acceptable Use Policy

Acceptable Use Policy

This Broad Sky Acceptable Use Policy (“BROAD SKY AUP”) governs the use of the Broad Sky Networks, LLC satellite and terrestrial-based wireline and wireless access services (the “Service”). The BROAD SKY AUP is subject to the definitive agreement governing service provision between Broad Sky Networks, LLC (“Company”) and the purchaser of the Service from Broad Sky, (“Client”). Client’s use of the Service constitutes acceptance and agreement of the terms and conditions of this BROAD SKY AUP. Client agrees that its Clients and end-users (“Subscribers”) are bound to these same restrictions, and that Client shall strictly enforce all provisions of this BROAD SKY AUP with such Subscribers. Should Client fail to enforce this BROAD SKY AUP, or be unable to comply with the network guidelines set forth by Broad Sky Networks, LLC from time to time, the Company may take such action as it deems necessary to protect the integrity of Service and resolve any BROAD SKY AUP violation, including, but not limited to, denying further access to particular Subscribers or filtering as needed. Broad Sky Networks, LLC reserves the right to modify or clarify this BROAD SKY AUP at any time, without notice, effective upon posting the revised policy on the Company web site.

Broad Sky Usage Requirements

Broad Sky reserves the right to prevent improper or excessive consumption of bandwidth. Client should be aware that the networking of additional computers to access the Service may result in excessive bandwidth consumption. In such event, the Company may, among other available actions, limit any excessive throughput, discontinue service via blocking of specific ports or communication protocols, and discontinue Service to the Client or Subscriber with improper or excessive bandwidth consumption, whether intended or unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes).

Client 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 are prohibited. At Broad Sky’s sole discretion, Broad Sky, may, WITHOUT NOTICE, SUSPEND OR TERMINATE Client’s access to the Service, upon the occurrence of any of the following events. Client 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 Client, 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 Client is taking the Service from Broad Sky;

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 pre-existing 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 recipient’s 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 Broad Sky Networks, LLC’s 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; including, but not limited to audio, video, and gaming services;

5. Improperly restrict, inhibit, or degrade any other Broad Sky Client’s use of the Service, or restrict, inhibit, disrupt, degrade or impede Broad Sky’s ability to deliver the Service and monitor its delivery of the Service; including excessive upstream/inbound traffic related to spyware, adware, or viruses/trojans;

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 Broad Sky, LLC’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; or

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.

9. Offer public WiFi access without having the ability to limit streaming applications or excessive use.

Broad Sky Networks, LLC reserves the right to implement technical mechanisms which block postings and messages which at the Company’s sole discretion, violate this BROAD SKY AUP before they are forwarded or otherwise sent to their intended recipients, Broad Sky Networks, LLC 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. In addition, Broad Sky reserves the right to implement hard limits on monthly throughput and soft limits in which Broad Sky may notify Client of excessive usage and require such usage to cease or brought within acceptable usage by Broad Sky. If Client does not take such actions, Broad Sky may suspend and/or terminate services, place additional limits on the service or with Clients acceptance change service plan to meet current usage requirements.

Client 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 Broad Sky Networks, LLC to suspend or terminate the Service as provided herein.

Nothing contained in this policy shall be construed to limit Broad Sky Networks, LLC rights or remedies in any way with respect to any of the foregoing activities, and the Company 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 BROAD SKY AUP, taking action to recover the costs and expenses of identifying offenders, terminating their access to and use of the Service, and levying cancellation charges to cover Broad Sky costs in the event of termination of access to the Service. In addition, Broad Sky Networks, LLC reserves at all times all available rights and remedies with respect to such activities at law or in equity.