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| Service Agreement and Terms & Conditions |
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Key Definitions:
- Agreement: refers to the agreement between Customer and IPJ for the provision of IPSTAR Satellite Broadband Service under the terms and conditions set forth herein, the acceptable use policy and application for the IPSTAR Satellite Broadband Service.
- Account: refers to the IPSTAR Satellite Broadband Service account and or any other account created for the Customer by IPJ.
- Customer: refers to the person or entity applying to receive the IPSTAR Satellite Broadband Service or the person or entity which has entered into the Agreement with IPJ- minors are specifically excluded unless they have prior written consent of their parent or legal guardian/representative and IPJ
- IPJ (IPSTAR Company Limited in Japan): is the Internet Service Provider who provides the IPSTAR Satellite Broadband Service to Customer.
- IPSTAR Satellite Broadband Service: refers to the service provided by IPJ to the Customer, described in this document.
- IPSTAR: refers to the IPSTAR broadband technology, IPSTAR network or system that enable the IPSTAR Satellite Broadband Service.
- Service Package: refers to the specific service selected by Customer for the utilization of IPSTAR Satellite Broadband Service.
- Indoor Unit: refers to IPSTAR satellite modem
- Outdoor Unit: refers to the Satellite dish, including antenna, block up converter (BUC), LNB and feed assembly.
- IPSTAR User Terminal: refers to both the Outdoor Unit and the Indoor Unit.
- Plan Fees: refers to the fixed and or variable fees set for each Service Package and are expressed as exclusive of consumption tax (5%), unless stated otherwise.
Interpretation:
In this Terms and Conditions, unless the contrary intention appears:
- the clause headings are for convenient reference only and have no effect in limiting or extending the language of the provisions to which they refer;
- words in the singular number include the plural and vice versa;
- where a word or phrase is given a particular meaning, other parts of speech and grammatical forms of that word or phrase have corresponding meanings; and
- the words "includes" and "including" are not words of limitation
Terms and Conditions
Clause 1: Nature of IPSTAR Satellite Broadband Service
1.1 The IPSTAR Satellite Broadband Service is a 'two-way' satellite telecommunications service.
1.2 Monthly Plan Fees for the selected Service Package will commence to accrue from the month immediately after IPJ installs required equipment including the IPSTAR User Terminal and the IPSTAR Satellite Broadband Service is provided to the Customer.
Clause 2: Service Levels
2.1 The Customer acknowledges that the connection speed specified in the Service Package selected by the Customer indicates the maximum possible connection speed from IPSTAR network to the Customer and from the Customer to IPSTAR network respectively. The Customer accepts IPJ cannot guarantee that the IPSTAR Satellite Broadband Service will achieve the theoretical maximum speed as specified in the Service Package.
2.2 The Customer also acknowledges that IPJ cannot represent or guarantee the continued availability of the IPSTAR Satellite Broadband Service. The Customer acknowledges that the IPSTAR Satellite Broadband Service may be temporarily unavailable for use due to technical failures, network congestion, periodic maintenance, disruption to telecommunications services and or other causes.
2.3 Should any of the following events occurs, IPJ may suspend the IPSTAR Satellite Broadband Service from the time of occurrence until the said event is resolved;
2.3.1 the Customer delays payment of the Plan Fees or any other costs for which the Customer is responsible
2.3.2 the Customer violates Clause 8.5 or any one of the paragraphs of Clause 6, or fails to cooperate with IPJ in accordance with Clause 9.2 of the Agreement
2.3.3 the Customer refuses to allow IPJ to conduct the investigation outlined under Clause 8.5 of the Agreement
2.3.4 the utilization of the IPSTAR Satellite Broadband Service by the Customer results in IPJ providing or being likely to provide broadcast services as set out in the Radio Act or the Broadcast Law.
Except in the event of Clause 2.3.4 or in the case of urgent necessity or emergency, IPJ will notify the relevant Customer of the reason, the date and the duration of the suspension prior to suspending the IPSTAR Satellite Broadband Service.
2.4 IPJ may, when a natural disaster, accident or any other emergency occurs or is likely to occur and it determines there is sufficient necessity, suspend provision of the IPSTAR Satellite Broadband Service to the Customer to give priority to communications on matters that are necessary for disaster prevention or relief efforts, to secure transportation, communications or electric power supply, or for communications to be performed urgently in the public interest.
2.5 The Customer acknowledges when signing up to Service Package, the maximum speed available may vary. There are various factors which may influence throughput speeds. These could be one or a combination of the following factors:
2.5.1 Number of users using the IPSTAR Satellite Broadband Service within the IPSTAR network at any one time,
2.5.2 Performance of the IPSTAR satellite system,
2.5.3 Weather conditions, locally and at the station;
2.5.4 Other factors outside of IPJ or IPJ's control such as an eclipse.
2.5.5 Applications being used. The Customer may find certain applications will not run as effectively on IPSTAR Satellite Broadband Service, when compared with wired broadband service. This is largely due to the typical latency differences between the two service types.
2.6 The Customer acknowledges that the transmission or storage of data on the IPSTAR Satellite Broadband Service is not necessarily secure or confidential and that the Customer transmits or stores data at the Customer's own risk.
2.7 Each Customer is provided with email account consisting of email address and mailbox. If email account is not accessed for a period of four months or more, IPJ reserves the right to recover mailbox and its associated emails from the email account. The email address associated with the recovered mailbox will remain reserved for the Customer under this circumstance. Emails associated with recovered mailbox however cannot be retrieved.
2.8 IPJ may disable the email account of the Customer who applies for termination of the Agreement in writing or fails to make payment of the Plan Fees or any other dues for which the Customer is responsible, as set forth herein.
2.9 The maximum volume of email permitted to be stored in each mailbox will be subject to limits set by IPJ. If delivery of correspondence to a mailbox will result in its quota being exceeded, the delivery will fail. A message indicating the delivery failure may be sent to its sender.
2.10 IPJ will provide free-of-charge customer support including receipt of Customer's inquiries during the hours stipulated in IPJ's website.
Clause 3: Plan Fees relating to the IPSTAR Satellite Broadband Service
3.1 The Service Package offered for this IPSTAR Satellite Broadband Service is detailed in the current IPSTAR Satellite Broadband Service website.
3.2 The Customer will be charged fixed monthly fee for the data usage, and the Service Package bought by Customer will be provided and managed based on IPSTAR Fair Access Policy and in accordance with the Plan Fees specified by IPJ, while the Customer paying the initial fee of IPSTAR BCP shall be exempted from paying the Plan Fee except for the month the Customer requests connection to high-speed IPSTAR Satellite Broadband Service. The Customer will also be charged for any other costs including optional service fees specified in the Plan Fees which are associated with use of the IPSTAR Satellite Broadband Service. The Plan Fees for this IPSTAR Satellite Broadband Service are detailed in the current IPSTAR Satellite Broadband Service website.
3.3 The monthly fee applicable to each Service Package is a minimum base payment which must be met by the Customer, irrespective of whether the maximum monthly data limit is reached. Any unused amount of the data limit for a given month will expire at the end of that month.
3.4 The Customer is responsible for all recurring fixed fees for the account. The Customer of IPSTAR BCP however shall be exempted from all recurring fixed fees except for the month the Customer requests connection to high-speed IPSTAR Satellite Broadband Service. All Customer accounts must be paid by wire transfer to the bank account designated by IPJ or by the automatic fund transfer from the Customer's bank account. IPJ will electronically deliver its invoice for monthly Plan Fee to the email address designated by each Customer. An invoice in writing will exceptionally issued upon Customer's payment of the invoice fee as set forth in a separate cover.
3.5 The Customer acknowledges that:
3.5.1 Except for the case where Clause 7.6 applies, all money paid to IPJ are non-refundable and periodic service fees can be paid in advance;
3.5.2 Any Customer Plan Fees will continue to be incurred past a renewal date unless IPJ is provided with sufficient prior notice in writing by the Customer. Customer's application for termination of the Agreement must be submitted in writing to IPJ 30 calendar days prior to the end of any billing period;
3.5.3 Plan Fees will continue to accrue during any period of disconnection or suspension of the Service. This would also apply where such disconnection or suspension is the result of non-payment or late payment of monies due.
3.6 Should the Customer fail to pay the Plan Fees and any other costs payable by specified due date, the Customer shall be liable to pay IPJ such amount together with interest of 14.5% per annum from the specified due date until the date of payment. All fees and charges incidental to payments made hereunder are the responsibility of the Customer.
Clause 4: Installation
4.1 Upon determining service availability to the Customer, IPJ will inform the Customer of a scheduled date for installation of IPSTAR User Terminal ("Installation Date".) IPJ may reschedule Installation Date at any time for any reason and will liaise with the Customer to confirm suitability of an alternate date if required.
4.2 IPJ will install any telecommunications facilities the Customer may require to receive and utilize the IPSTAR Satellite Broadband Service at the premises of the Customer. IPJ may charge the Customer for any such installation required in accordance with the Plan Fees specified by IPJ. The Plan Fees for this aspect of the IPSTAR Satellite Broadband Service is detailed in the current IPSTAR Satellite Broadband Service website.
4.3 Any maintenance or reinstallation of the IPSTAR Satellite Broadband Services provided by IPJ to the Customer following installation will be carried out at the expense of the Customer if such maintenance or restoration falls outside the warranty provisions of the IPSTAR Satellite Broadband Service. IPJ will attempt to resolve any issues related to the installation within 5 working days.
4.4 IPJ will not be responsible for any loss or damage whatsoever arising from or in connection with the equipment or any software run on a Customer's computer to enable the Customer to access the IPSTAR Satellite Broadband Service except where such loss or damage is due to IPJ's willful act or gross negligence. The Customer acknowledges that difficulties may arise from the installation of the equipment for use with the IPSTAR Satellite Broadband Service beyond the control of IPJ.
4.5 Installation will take the following timeframes, which shall be understood as indication only, and may change due to various factors:
4.5.1 Approximately 14 days in mainland
4.5.2 Approximately 21 days in remote island
These timeframes will vary from an installation job to another, depending on factors detailed in Section 4.6 below:
4.6 Standard and Non-standard installation: Depending on what Service Package the Customer selects, its premises location and the surrounding physical environment: the Customer's installation may be a standard or a non-standard installation. If it is non-standard installation, there will be additional costs. This may require a larger antenna size, which involves a more complex installation and additional costs. The Customer shall inquire whether any additional costs may be incurred. Standard installation typically includes 84cm or 120cm-diameter satellite dish, assembled on a ground of the customer's premise.
4.7 Factors influencing time and cost of installation. The type of installation the Customer experiences may be impacted by a range of factors. This will impact the time and/or date the installation is performed on, if delays take place and may influence whether or not additional costs are involved. Where the costs are a result of the Customer's request, such as for aesthetic or preferential reasons, these costs may be passed on to the Customer. Factors which may have an influence here are:
4.7.1 Adverse weather conditions at the time planned for installation,
4.7.2 Conditions of the ground and the premises,
4.7.3 Surrounding environments (ex. trees and mountains) of the premises,
4.7.4 Issues experienced traveling to the premises;
4.7.5 Remote location of the premises and difficulty reaching the premises.
In the event that IPSTAR User Terminal cannot be installed due to environmental issues (no line of sight for satellite) , a service call fee will be applicable if this was foreseeable by the Customer.
4.8 IPJ will provide the Customer's password to a third party installer to assist IPSTAR User Terminal set-up. IPJ recommends the Customer change the password once the installation is complete.
Clause 5: Requirements of IPSTAR Satellite Broadband Service
5.1 The Customer must, at their own cost and expense, arrange to have the following on the Installation Date:
5.1.1 A computer that complies with IPSTAR Satellite Broadband Service specifications for connection to the IPSTAR Indoor Unit, which has a network / LAN card
5.1.2 Safe and legal access to the Customer's premises for the installation of IPSTAR Satellite Broadband Service; and
5.1.3 An adult of 20 years or older, who is a member of the household, presents during the installation.
5.2 The Customer must not connect any equipment to the IPSTAR User Terminal that does not meet IPSTAR specifications.
5.3 IPJ makes no representations, warranties or assurances the Customer's own equipment attached to the IPSTAR User Terminal will be compatible with the IPSTAR Satellite Broadband Service.
Clause 6: Customer Acknowledgements
The Customer acknowledges the following
6.1 Prior to entering into this Agreement they have obtained all consent, permission and authorizations from the relevant administrative authorities, other than licenses required under the Radio Act and the Telecommunications Business Law, required for the installation of IPSTAR Satellite Broadband Service that will performed by IPJ or IPJ's installer, including the consent of any owner, landlord or licensor of the premises in which the IPSTAR Satellite Broadband Service and the IPSTAR User Terminal will be installed; and
6.2 The Customer shall use the IPSTAR Satellite Broadband Service in accordance with the provisions of this Agreement and other related policies.
6.3 The Customer will provide all computer and telecommunication hardware and software required to support the Account, and shall properly acquire, configure and operate such hardware and software.
6.4 The Customer will not use any products or services incompatible with the IPSTAR Satellite Broadband Service or IPSTAR User Terminal.
6.5 IPSTAR Satellite Broadband Service is not to be resold by the Customer or any other organization in order to provide a service which could be deemed by IPJ to be a replacement or competitor service for the IPSTAR Satellite Broadband Service.
6.6 The Customer shall not relocate IPSTAR User Terminal from the premises on which it is originally installed without prior written consent of IPJ. In the event that the system is relocated with the consent of IPJ, the Customer shall be liable to pay IPJ for the costs of removal and re-installation at the new site and that of hardware related therefo (if any).
6.7 The Customer shall manage and maintain the IPSTAR User Terminal used for the IPSTAR Satellite Broadband Service and shall use the IPSTAR User Terminal only in accordance with its intended functions and instructions. The Customer agrees that IPJ shall not be held responsible for any malfunction of the IPSTAR User Terminal arising from the misuse, abuse and from using beyond its intended purpose.
6.8 The Customer shall cooperate with and assist IPJ to meet its obligation to comply with the Telecommunications Equipment Order, in accordance with Clause 8.1 .
6.9 The receipt of the IPSTAR Satellite Broadband Service is exclusive, confidential and cannot be transferred, assigned, resold and/or licensed without prior written consent of IPJ. A breach of this sub-section will include disclosure of a Customer password, negligently leaving a connected terminal unattended, and/or sharing access with any other party. The Customer shall be liable for the actions of any other persons who are allowed, either deliberately, through negligence or otherwise, to gain access to the Internet through the Customer's Account.
6.10 The Customer shall abide by all rules, regulations and security provisions of all networks and computer systems to which the Customer gains access while using the IPSTAR Satellite Broadband Service.
6.11 The Customer shall indemnify and keep IPJ indemnified in respect of any loss or damage, suit or proceeding against IPJ by any person in respect to the use of the Customer's Account, including, but not limited to, transmission of an illegal, fraudulent, copyrighted or defamatory material.
6.12 If accessing IPJ services on behalf of another person, the Customer shall be appropriately authorized to do so.
6.13 The Customer shall provide, at the commencement and at all times during the term of this Agreement, true and correct and current information to IPJ.
6.14 The Customer shall be responsible for regularly checking the primary IPJ email account for correspondence from IPJ.
Clause 7: Changes, Transfers and Cancellations
7.1 The Customer may not assign, transfer or otherwise dispose of the right to receive the IPSTAR Satellite Broadband Service and other rights arising from this Agreement to another third party without the prior written consent of IPJ.
7.2 In the event of transfer of the Customer's legal status under the Agreement due to inheritance or merger, the heir, the surviving legal person following merger or the legal person newly established by the merger shall notify IPJ by provision of a copy of the relevant certificate of succession without delay. In the event of two or more heirs, the heirs shall notify IPJ which heir shall serve as a representative of all heirs for the purposes of the Agreement with IPJ.
7.3 IPJ will not assign the whole or part of the Customer's contract to another third party without the prior written consent of the Customer.
7.4 The Customer may cancel the IPSTAR Satellite Broadband Service with thirty (30) days written notice to IPJ without incurring cancellation fees. The Customer will be liable to IPJ for any charges incurred during the notification period and for any other charges previously incurred and unpaid during the term of the Agreement.
7.5 Changes of the Service Package.
7.5.1 For Service Package changes which do not require a change of equipment, the Customer will be subject only to the prescribed once-off fee if there is a downgrade on connection speed. For clarification, an upgrade on a connection speed will not be subject to any alteration fee.
7.5.2 For changes of Customer's Service Package which do require a change of equipment, the Customer will be subject to (i) the additional costs of the new equipment, (ii) dispatching fees and (iii) service charges for the change of new equipment. In addition, if there is also change on a connection speed under this circumstance the prescribed additional charge will all be applied.
7.5.3 Change of address, and 'taking the service with you': If the Customer changes its address, and wishes to 'take the IPSTAR Satellite Broadband Service with them' at the new address, costs are involved and these are to be met by the Customer. The costs involved include but are not limited to removal of IPSTAR User Terminal from the original address, and re-installation thereof at the new address, and various other service fees and dispatching fee in accordance with the tariffs specified by IPJ. The tariffs for these aspects of the IPSTAR Satellite Broadband Service are detailed in the current IPSTAR Satellite Broadband Service website. In the event of this occurring, Customer is requested to inquire IPJ about these charges, as they will vary depending on the location and circumstances of the Customer.
7.6 IPJ may terminate the IPSTAR Satellite Broadband Service with ninety (90) days prior written notice to the Customer in the occurrence of either of the events provided for in sub-clause 7.6.1 or 7.6.2 below. In such cases IPJ will refund to the Customer any monthly fees already paid by the Customer for the provision of the IPSTAR Satellite Broadband Service following the date of termination.;
7.6.1 in the event IPJ suspends the IPSTAR Satellite Broadband
Service under Clause 2.3 of this Agreement and such suspension
continues for more than 14 days; or
7.6.2 in the event IPJ cannot provide the IPSTAR Satellite
Broadband Service because of the unavailability of the IPSTAR
network.
When terminating this Agreement under Clause 7.6.2, IPJ shall first provide the Customer with oral notice prior to the written confirmation after the fact.
When the Customer is late in the payment of Plan Fees or any other costs which are the responsibility of the Customer and IPJ determines that such delay may be of significant detriment to the business of IPJ, IPJ may terminate the Agreement immediately following written notice, without first suspending the IPSTAR Satellite Broadband Service.
When sub-clause 2.3.4 applies, IPJ may terminate the Agreement immediately following written notice, without first suspending the IPSTAR Satellite Broadband Service.
IPJ may immediately terminate this Agreement after providing prior notice to Customer in the event that any non-compliance with the Telecommunications Equipment Order such as interference in communications are attributable to the equipment the Customer maintains, including but not limited to the IPSTAR User Terminal.
Clause 8: Equipment and Responsibility.
Management Right and Management Responsibility of Equipment
8.1 IPSTAR User Terminal installed at the location designated by the Customer constitutes one end of the telecommunication line. The IPSTAR Satellite Broadband Service is conveyed to and from the Indoor Unit.
8.2 The Customer buys from IPJ the equipment necessary to use the IPSTAR Satellite Broadband Service. However rights of management and operation of the equipment belong solely to IPJ.
8.3 IPJ is responsible for the telecommunications equipment used in the provision of the IPSTAR Satellite Broadband Service to maintain compliance with the Telecommunications Equipment Order.
8.4 Upon consultation with the Customer, IPJ may change the location of the IPSTAR User Terminal for the maintenance or other purposes mentioned in 8.3
8.5 Prior to investigating the IPSTAR User Terminal or other equipment, IPJ will notify the relevant Customer of the date and location of the investigation. The Customer cannot refuse the investigation. Upon attending to investigate, the IPJ employee or third party contracted to carry out the investigation will show the Customer or any other authorized person on the premises a copy of the investigation notice or proof of identity.
8.6 The Customer will maintain the IPSTAR User Terminal and the computer connected with IPSTAR network in compliance with IPSTAR specifications and other technical specifications.
8.7 In the event of the unavailability of the IPSTAR Satellite Broadband Service, the Customer will confirm that the IPSTAR User Terminal and the computer connected with IPSTAR network work before contacting IPJ to request restoration of the IPSTAR Satellite Broadband Service. Where IPJ dispatches its employee(s) or the employee(s) of any third party to implement an investigation following the Customer's request for restoration of the IPSTAR Satellite Broadband Service, and it turns out that the unavailability of the IPSTAR Satellite Broadband Service is caused by the IPSTAR User Terminal or the computer, the Customer will incur the costs of the investigation and all consumption tax applicable to costs of investigation.
8.8 Liabilities for Loss and Damages
8.8.1 When the Customer cannot utilize the IPSTAR Satellite Broadband Service due to reasons attributable to IPJ, unless this Agreement specifies otherwise, the liability borne by IPJ shall be limited to an amount equal to one thirtieth of the Monthly Plan Fees multiplied by the number of unavailable dates, only in the event that the service outage continues for more than 12 hours from the time when the Customer becomes aware of the outage. IPJ shall bear no liability to Customers where the service outage continues for less than 12 hours from the time when the Customer becomes aware of the outage, or for any service outages where the Customer does not pay monthly usage fees to IPJ.
8.8.2 The limitation of liability for service outages provided for in the preceding sub-clause however shall not apply where the outage is caused by the willful act or gross negligence of IPJ.
8.8.3 IPJ is not liable for any disputes, etc. between the Customer and any third party which may arise from utilization of the IPSTAR Satellite Broadband Service.
8.9 A 12 month warranty applies for the IPSTAR User Terminal from the date it was successfully installed. The warranty covers the Indoor Unit and Outdoor Unit.
The warranty covers failure of IPSTAR User Terminal due to defective products supplied. However, the warranty does not cover:
8.9.1 damage caused by storms or lightning,
8.9.2 tampering;
8.9.3 any Customer-supplied peripheral equipment.
Any charges incurred from factors not covered by warranty are the responsibility of the Customer.
8.10 The IPSTAR Satellite Broadband Service does not support any Customer "bring your own" equipment. Attachment by the Customer of "bring your own" equipment to the IPSTAR system used to access the IPSTAR Satellite Broadband Service shall be considered a violation of the Customer's technical compliance obligations under this Agreement, and IPJ will not be responsible for any loss or damage which may occurs due to such technical non-compliance.
8.11 IPJ reserves the right to claim Customer a compensation for any direct, indirect, incidental or consequential damages or loss of profits or revenues whether foreseeable or not occasioned by modification or alternation of equipment which is strictly prohibited.
Clause 9: General
9.1 IPJ provides IPSTAR Satellite Broadband Service based on the relevant laws of Japan and any service limitation, change or suspension shall occur when in need and according the provisions of this Agreement.
9.2 IPJ respects the confidentiality of communications it deals with in the course of the provision of the IPSTAR Satellite Broadband Service, in accordance with the Article 4 of the Telecommunications Business Law. IPJ will only utilize and store such information to the extent that such use and storage is necessary to ensure the smooth provision of the IPSTAR Satellite Broadband Service. IPJ may, when the secrecy of communications is likely to be violated and IPJ determines such measures necessary, require the Customer to take such measures as are required to ensure that persons other than the Customer cannot capture the signals communicated through the IPSTAR Satellite Broadband Service.
9.3 Prior to entering into this Agreement, the Customer represents and warrants to IPJ that the Customer has read, understood and agrees to be bound in full by the terms of this Agreement.
9.4 Unless specifically provided otherwise, all notices to be delivered under this Agreement must be in writing and sent by post, email, facsimile or hand delivery.
9.5 A current copy of this Agreement may be obtained on the IPJ website.
9.6 This Agreement is to be governed and construed according to the laws in force in Japan.
9.7 Force Majeure. IPJ will not be liable for failures and delays in performance of its obligations under this Agreement due to any cause or circumstances beyond its control including but not limited to asteroids or other space calamity, acts of God, fire or flood, or acts of war, quarantine restrictions, strikes, national emergencies, insurrections, or prohibition of any court, governmental or regulatory body of competent jurisdiction.
9.8 IPJ may amend this Agreement from time to time. It is the responsibility of the Customer to review the IPJ website periodically to ascertain whether the provisions of this Agreement have changed. Any amendments to this Agreement will become effective from the date they are posted on the IPJ's website. The Customer agrees that if they continue to use the Service after such changes they will be deemed to have agreed to be bound by all amendments.
9.9 If any provision in this Agreement is declared invalid or unenforceable, it will be struck out and the remaining provisions will remain in force.
9.10 If IPJ does not take action in relation to a breach of this Agreement by the Customer, IPJ does not waive its right to act with respect to subsequent or similar breaches.
Acceptable Use Policy
The following activities are strictly prohibited, with no exceptions:
1. Violations of the rights of any person or company protected by copyright, trade secret, patent or other intellectual property, or similar laws or regulations, including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by the Customer;
2. Unauthorized copying of copyrighted material including, but not limited to, digitization and distribution of photographs from magazines, books or other copyrighted sources, copyrighted music, and the installation of any copyrighted software for which the Customer does not have an active license is strictly prohibited;
3. Exporting software, technical information, encryption software or technology, in violation of international or regional export control laws, is illegal. The appropriate management should be consulted prior to export of any material that is in question;
4. Introduction of malicious programs into the IPSTAR network or server (e.g., viruses, worms, Trojan horses, e-mail bombs, etc.);
5. Disclosing your account password to others or allowing use of your account by others without prior written notice to IPJ. This includes family and other household members when work is being done at home;
6. Use another person's or Customer's name, username or password or otherwise attempt to gain access to the account of any other Customer;
7. Using the IPSTAR Satellite Broadband Service to actively engage in procuring or transmitting material that is in violation of sexual harassment or hostile workplace laws in the user's local jurisdiction;
8. Making fraudulent offers of products, items, or services originating from any account;
9. Effecting security breaches or disruptions of network communication. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to, network sniffing, pinged floods, packet spoofing, denial of service, and forged routing information for malicious purposes;
10. Port scanning or security scanning is expressly prohibited unless prior notification to IPJ is made;
11. Executing any form of network monitoring which will intercept data not intended for the Customer's host;
12. Circumventing user authentication or security of any IPSTAR host, network or account;
13. Interfering with or denying service to anyone other than IPSTAR systems;
14. Using any program/script/command, or sending messages of any kind, with the intent to interfere with, or disable, a Customer's terminal session, via any means, locally or via the Internet;
15. Authorize, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
Email and Communications Activities
1. IPJ provides email service with certain conditions by using email hosting service of third party.
2. IPJ shall not be liable for any direct, indirect, incidental or consequential damages or loss of profits or revenues whether foreseeable or not occasioned by the email service or the defect.
The following activities are strictly prohibited, with no exceptions for the use of email and communication activities:
1. Sending unsolicited email messages, including the sending of "junk mail" or other advertising material to individuals who did not specifically request such material (email spam);
2. Any form of harassment via email, or any other form of messaging, whether through language, frequency, or size of messages;
3. Unauthorized use, or forging, of email header information;
4. Solicitation of email for any other email address, other than that of the Customer's account, with the intent to harass or to collect replies;
5. Creating or forwarding "chain letters", "Ponzi" or other "pyramid" schemes of any type;
6. Use of unsolicited email originating from within IPSTAR networks of other Internet/Intranet/Extranet service providers on behalf of, or to advertise, any service hosted by Customer or connected via IPSTAR network;
7. Authorize, aid, abet, encourage or incite any other person to do or attempt to do any of the above acts.
Definitions
Spam Unauthorized and/or unsolicited electronic mass mailings.
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