Acceptable Use Policy

THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING YOUR USE OF K4 MOBILITY’S SERVICES AND YOUR RELATIONSHIP WITH K4 MOBILITY. 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 K4 MOBILITY’S SERVICES.

Introduction
K4 Mobility intends to provide our customers with superior Internet services through satellite and land-based technology. We have adopted this Acceptable Use Policy (the “Policy”) to assist us in accomplishing this objective. The Policy delineates the acceptable uses of the communications services provided by K4 Mobility (collectively, the “Services;” individually, the “Service”). We may revise this Policy from time to time without notice by posting an updated version of this document on www.k4mobility.com or any successor websites. Any revised Policy will be effective immediately the first time you sign into the Service after the revised Policy has been posted on our website. In the event of a conflict between your Terms of Service Agreement and this Policy, the terms of this Policy or any revised Policy shall govern.

Prohibited Uses and Activities
Any activity that compromises the performance of the K4 Mobility network such that others are negatively affected is not acceptable. Acceptable use is always ethical and shows restraint in the consumption of shared resources. It demonstrates respect for intellectual property, ownership of data, system security mechanisms, and an individual's rights to privacy and freedom from intimidation, harassment, and unwarranted annoyance. If any use the Service(s) or of K4 Mobility equipment by you or on your vessel adversely impacts the network, K4 Mobility may immediately take corrective action, including termination of your Service.

The following are examples of uses that do not constitute acceptable use:

  • Uses for any unlawful, fraudulent, or criminal purpose.
  • Posting, storing, transmitting, or disseminating any offensive, indecent, pornographic, harassing, threatening, privacy invasive, vulgar, hateful, defamatory, racially or ethnically offensive, or otherwise inappropriate information or material (whether within or without the K4 Mobility network), even if lawful
  • Accessing any other person’s computer or computer system, software, or data (whether within or without the K4 Mobility network) without his/her consent or attempting to circumvent the user authentication or security of any host, network, or account.
  • Using or distributing tools designed or used for compromising computer or network security.
  • Unauthorized port scanning or security scanning.
  • Violating the rules, regulations, or policies applicable to any network, server, computer database, or website that you access.
  • Uploading, posting, publishing, transmitting, reproducing, creating derivative works of, distributing, or engaging in any in infringement upon, the intellectual property rights of any person or entity.
  • Without their prior written consent, participating in the collection of personal information, responses from unsolicited messages or other identifiers of others.
  • Impersonating any person or entity, engaging in sender address falsification, forging anyone else’s digital or manual signature, falsifying, altering or removing any packet or message header (or any part thereof), listing a K4 Mobility IP address in any unsolicited bulk email message, or performing any other similar fraudulent activity.
  • Transmitting unsolicited bulk or commercial messages or “spam” (whether within or without the K4 Mobility network).
  • Using the K4 Mobility network to introduce malicious programs onto any device (i.e., viruses, worms, Trojan horses, e-mail bombs, etc.).
  • Making fraudulent or unsolicited offers of products, items, or services originating from any K4 Mobility network account.
  • Making any type of mechanized voice calls (“robocalls”), including, but not limited to, extensive call forwarding, using auto-dialers, using fax machines for fax blasting or fax broadcasting, or using voice programs for voice blasting.
  • Attempting unauthorized entry into private systems (“hacking”), both within and outside the K4 Mobility network.
  • Interfering with or denying service to any user or network (i.e. denial of service attack).
  • Except for use by persons on your vessel, using the service or allowing the service to be used for Wi-Fi hot spot or backhaul services, streaming video upload, for machine to machine (M2M) communication, or for real time instrumentation streaming, or for paid subscription usage without express written authorization from K4 Mobility.
  • Running programs, equipment, or servers that provide network content or any other services to anyone outside of your vessel.
  • Connecting K4 Mobility equipment to any computer or network device outside of your vessel.
  • Operating a call-center, telemarketing-center, monitoring service, intercom service, conference-bridge service, or transcription service.
  • Interfering with another person’s ability to use or enjoy the Services, or engaging in activities designed to degrade, or have the effect of degrading, service to K4 Mobility users or others.
  • Damaging K4 Mobility’s name or reputation or those of its affiliates, or subsidiaries.
  • Using K4 Mobility’s name, or the names of any of its affiliates, or subsidiaries, or any of their trademarks in any manner not expressly authorized in writing by K4 Mobility.
  • Engaging in any action that circumvents or thwarts (or is intended to circumvent or thwart) K4 Mobility’s enforcement of this policy.

Copyright Infringement
K4 Mobility complies with intellectual property laws, including any applicable copyright and related laws. We require all customers and users of the Service to do the same. As such, we reserve the right to terminate the Service(s) of any user who infringes upon others’ intellectual property rights, including those whom we believe, in our sole discretion, are infringing upon such rights, even if there is no unmitigated proof of such infringement.

Copyright owners who believe that their work has been infringed on our network may send K4 Mobility a notification of claimed infringement to:

Legal Department
K4 Mobility, Inc.
20 N. Wacker Drive, Suite 1200
Chicago, Illinois 60606
E-mail: info@k4mobility.com

General
Although K4 Mobility has no obligation to monitor the Services or its network, K4 Mobility reserves the right to monitor bandwidth, usage, transmissions, and content from time to time or at any time in order to operate the Services, identify violations of this Policy or your customer agreement, or to protect the network, the Services and other K4 Mobility users.

K4 Mobility may take any actions it deems appropriate if the Services are used in a way that K4 Mobility believes (in its sole discretion) violates this Policy or a customer agreement, including removing or blocking, any information or materials. Neither K4 Mobility nor its affiliates, subsidiaries, suppliers, officers, directors, employees or agents will have any liability for any of these responsive actions. K4 Mobility may also take any other legal or technical action it deems appropriate. K4 Mobility has sole discretion whether or how to enforce any of its rights under this Policy.

The failure of K4 Mobility 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 to be invalid or unenforceable by any court of competent jurisdiction, that portion will be construed consistent with applicable law as nearly as possible, and the remaining portions will remain in full force and effect.

This Policy’s provisions 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
Any content on or made available through the Service does not constitute or reflect the views or approval of K4 Mobility or any of its directors, officers, employees, stockholders, subsidiaries or affiliates.

You acknowledge that content on or made available through the Service might consist of, include and/or provide access to content and material that may be unsuitable for minors and that may be objectionable to many adults. You acknowledge that K4 Mobility is not responsible for any such content or material and agree that access to content and material through use of the Service is at your sole risk. The reliability, availability, legality, performance and other aspects of resources you access through the Service are beyond K4 Mobility’s 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 any content accessible through it.

You agree that your use of the Service is at your sole risk. You must take precautions for the security of your device and information. There may be interruptions, delays, omissions, inaccuracies, or other problems with the information you find on the Internet or the Service. If you rely on the Service or any material available through the Service, you do so at your own risk. To the maximum extent allowed by the applicable law, you understand that you are solely responsible for any damage caused by your use of the Service, including without limitation, damage to your computer system, loss of data, or other harm that results from any material and/or data downloaded from, transmitted by, or otherwise provided through or in connection with use of the Service.

This Policy was last updated on August 28, 2019.

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