The Acceptable Use Policy ("AUP") of Hughes Network Systems, LLC (HNS) and the HughesNet Fusion Service is intended to help enhance the use of the Internet by preventing unacceptable use. All users of HughesNet Fusion service (the "Service") including those who access some of our Service but do not have accounts ("Visitors"), as well as those who pay a monthly service fee to subscribe to the Services ("Subscribers")-must comply with this AUP. We support the free flow of information and ideas over the Internet and do not actively monitor use of the Services under normal circumstances. Similarly, we do not exercise editorial control over the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites. However, in accordance with our Subscriber Agreement, we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. HNS may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrong. Your violation of this AUP may result in the suspension or termination of either your access to the Service and/or your HughesNet account.
2. VIOLATIONS OF ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
2.1 UNSOLICITED BULK COMMUNICATIONS
You may not use the Service to send unsolicited bulk communications, including through e-mail. Similarly, you may not authorize others to use your account or sub-accounts to send unsolicited bulk communications or cause unsolicited bulk communications to be sent by someone else. You may not harvest or collect information about HughesNet users from the HughesNet Service, including screen names, and use that information for the purpose of sending unsolicited bulk communications. Any violation of these provisions may result in immediate termination of your subscription and further legal action. You agree that Hughes may take any legal and technical remedies to prevent unsolicited bulk communications from entering, utilizing or remaining within the HughesNet Service or its facilities.
2.2 OTHER PROHIBITED CONDUCT.
You agree not to use the Service as follows: (a) for any unlawful, improper or criminal purpose or activity; (b) to post or transmit information or communications that, whether explicitly stated, implied, or suggested through use of symbols, are libelous, defamatory, invasive of another person’s privacy, obscene, indecent, pornographic, sadistic, cruel, or racist in content, or of a sexually explicit or graphic nature; or which espouses, promotes or incites bigotry, hatred or racism; or which might be legally actionable for any reason; (c) hurts minors in any way; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Service; (e) intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, rules, orders and regulations having the force of law; (f) to attempt to access or access the accounts of others or alter or interfere with the communications and/or information of others, including but not limited to spoof or attempt to spoof the URL or DNS address, or to attempt to alter, rearrange, or penetrate or penetrate our security measures or other entities' systems including cellular or wireless providers ("hacking") whether or not the intrusion results in corruption or loss of data; (g) to bombard individuals or newsgroups with uninvited communications, data or information, or other similar activities, including but not limited to "spamming", "flaming" or denial or distributed denial of service attacks; (h) to transmit unsolicited voluminous emails (for example, spamming) or to intercept, interfere with or redirect email intended for third parties using the Service; (i) to introduce viruses, worms, harmful code and/or Trojan horses on the Internet; (j) to post information on newsgroups which is not in the topic area of the newsgroup; (k) to interfere with another person's usage or enjoyment of the Internet or this Service; (l) to post or transmit information or communications that are defamatory, fraudulent, obscene or deceptive, including but not limited to scams such as "make-money-fast" schemes or "pyramid/chain" letters; (m) to damage the name or reputation of HughesNet, HughesNet Fusion, Hughes Network Systems, or its affiliates and subsidiaries, or any third parties; (n) to transmit confidential or proprietary information, except solely at your own risk; (o) to violate our or any third party's copyright, trademark, proprietary or other intellectual property rights, including trade secret rights; (p) to generate excessive amounts (as determined in our sole discretion) of Internet traffic, or to disrupt net user groups or email use by others; (q) to engage in activities designed to or having the effect of degrading or denying Service to HughesNet Fusion users or others (including activities that compromise a server, router, circuit or software), including but not limited to automatic data feeds, automated machine-to-machine connections, or other applications that are used in a way that degrades capacity or functionality; (r) to use any name or mark of HughesNet, HughesNet Fusion, Hughes Network Systems, or its parent+, affiliates or subsidiaries, as a hypertext link to any Web site or in any advertising publicity or other commercial manner; (s) to use your HughesNet Fusion account for the purpose of operating a server of any type; (t) to use the Service or the Internet in a manner intended to threaten, harass, or intimidate others; (u) to cause the screen to "scroll" faster than other subscribers or users are able to type to it, or any action that has a similar disruptive effect, on or through the Service; (v) to use the Service to disrupt the normal flow of online dialogue, (w) to use the Service to violate any operating rule, policy or guideline of any other online services provider or interactive service; (x) to attempt to subvert or to aid third parties to subvert, the security of any computer facility or system connected to the Internet; (y) to impersonate any person or using a false name while using the Service; (z) to install "auto-responders," "cancel-bots" or similar automated or manual routines which generate excessive amounts of net traffic, or disrupt net user groups or email use by others; (aa) to make false or unverified complaints against any HughesNet subscriber, or otherwise abusing any of our complaint response procedures; (bb) to export software or any information in violation of US export laws; or (cc) to use the Service in contravention of the limitations of the pricing plan you have chosen; (dd) to continually or repeatedly dial telephone numbers associated with free conference calls, free chat lines, or other similar or related services that are used to increase the inter-carrier compensation billed to Cellular or Wireless Providers; (ee) to provide life-sustaining medical care for any individual, including without limitation, use of the Services in health care and assisted living environments; (ff) to use or assist others in the use of any unethical or fraudulent scheme, or by or through any unethical or fraudulent means or devices whatsoever, with intent to avoid payment of, in whole or in part, any charges for Service; (gg) to install any amplifiers, enhancers, repeaters or other devices that modify or otherwise affect the radio frequencies used to provide portions of the Service; (hh) to use or alter, or attempt to use or alter, the Service for any non-data purpose, including but not limited to services which primarily offer voice communications, including voice over IP services; (ii) to use the Service for monitoring of third parties without their permission, including location-based tracking of individuals, except in the case of prisoner and parolee monitoring or as agreed to in writing by Hughes Network Systems, LLC; and (jj) to use the Service for the sale to government entities.
3. REVISIONS TO THIS ACCEPTABLE USE POLICY
HNS may revise, amend, or modify this AUP, at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with the terms set forth in the Subscriber Agreement.