THIS POLICY STATES IMPORTANT REQUIREMENTS REGARDING USE OF THE SKYVISTA (C-2) SATELLITE BROADBAND SERVICE. IN PARTICULAR, THIS POLICY ELABORATES UPON RESTRICTIONS ON EXCESSIVE NETWORK USAGE SET OUT IN WHOLESALE AND END USER MASTER SERVICES AGREEMENTS FOR SATELLITE BROADBAND SERVICE.　 YOU SHOULD READ THIS POLICY CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS.

Our goal is to give each of our customers the fastest service possible at the lowest possible price.　 We strive to develop programs and policies that help make that possible.　 Our Fair Access Policy (or “FAP”) is designed to ensure the best speed and performance for the vast majority of our customers and to minimize the impact of excess usage on all customers.

We estimate that a small percentage of customers account for a disproportionate share of data usage on our network.　 To ensure that all customers have equitable access to our network, we have adopted this FAP. We have set usage thresholds on the amount of data each end user can upload and download on a daily basis.　 If an end user exceeds these thresholds, we will temporarily reduce the speed at which the end user can send and receive data over our network.　 In cases of extreme and continued violation of the FAP limitations, service may be suspended without notice.　 We may also use other traffic management and prioritization tools to help ensure equitable access to our network for all customers.

Based on an extensive analysis of customer usage, we have established a per customer limit on usage each day called a Usage Threshold. For this purpose, a “day” is a twenty-four period that begins at 12:00 midnight CST.　 As shown in the table below, the Usage Threshold varies based on the service plan selected, but in all cases is significantly above the average usage of a typical customer for each such plan.　 We continuously monitor actual usage to determine if average actual usage each day exceeds the Usage Threshold for the service plan type selected. We will adjust the Usage Threshold for each service plan type based on the results of this exercise.

If at any time an end user’s usage total exceeds the applicable Usage Threshold, we will reduce that user’s access speeds, typically to 128 kbps in the downstream (from the Internet to end user) and 28 kbps in the upstream (from end user to the Internet).　 The end user’s access speeds will be restored to the original speed levels by 12:00 midnight CST the next calendar day.

The table below shows the daily Usage Thresholds for each plan.　 These limits specify the amount of data that an end user can upload and download per modem before we will reduce access speeds under this FAP.　 Please note that an end user’s Usage Total is far more likely to exceed the Usage Thresholds below if the end user uses peer-to-peer file sharing programs, a webcam, or downloads full length movies, large quantities of music files, gaming, full software applications or similar high-bandwidth activities.

THIS FAIR ACCESS POLICY MAY BE MODIFIED FROM TIME TO TIME WITHOUT NOTICE BY POSTING A NEW VERSION OF THIS DOCUMENT AT SKYVISTASAT.COM, ALL REVISIONS TO THIS POLICY ARE EFFECTIVE IMMEDIATELY UPON POSTING.　 ACCORDINGLY, CUSTOMERS AND USERS OF SKYVISTA SATELLITES’ INTERNET SERVICE SHOULD REGULARLY VISIT OUR WEB SITE.　 QUESTIONS REGARDING THIS POLICY AND CUSTOMER COMPLAINTS SHOULD BE DIRECTED TO: SALES@SKYVISTASAT.COM .