The Service Provider will do its best to allow Subscription traffic transmission without congestion. However, satellite-based networks have capacity limits, and all customers can suffer from degraded or denied service when one user (or a small group of users) consumes a disproportionate amount of the network’s resources. The Provider, therefore, will monitor both overall network performance and individual resource consumption to determine if any user is consuming a disproportionate amount of the available resources and thus potentially creating a disruption or degradation of the Provider’s network or network usage by others. This process of monitoring both overall network performance and individual resource consumption is consistent with the description of the nature of the Service.
The Provider reserves the right to engage in reasonable network management to protect the overall network, including analysis of traffic patterns and preventing the distribution of viruses or other malicious code. During periods of congestion, the Provider uses various network management techniques, such as reducing the data rate of individual bandwidth intensive users whose use is negatively impacting other users. This temporarily limits the amount of bandwidth available to the bandwidth intensive Service Accounts until the congestion has diminished, at which point the Provider will endeavor to lift any limits it may have imposed on bandwidth intensive users during the period of congestion.
The Provider may also consider historical usage patterns when temporarily reducing the data rate of bandwidth intensive Service Accounts during periods of congestion. In these eventualities, the necessary traffic policy will be applied first to the Service Accounts having already used more than 50% of the volume of traffic in his Consumption Profile (“Congestion Policy”).
The Provider reserves the right to immediately restrict, suspend or terminate Service to an Abuser without further notice in order to protect the network and minimize congestion caused by the excessive use. While the determination of what constitutes excessive use depends on the specific state of the network at any given time, excessive use is determined by the resource consumption relative to that of a typical individual Subscription of the same Service Class and not by the use of any particular application.