Acceptable Use Policy
This Acceptable Use Policy (the “AUP”) sets forth the acceptable use of Skywire’s Internet services and related network, equipment and facilities (collectively, the “Services”) by its users. By using or accessing the Services, users agree to be bound by the terms of this AUP. Skywire may modify this AUP at any time and any such modification will be effective upon its publication. Users are solely responsible for monitoring this website for such modifications. Any user that does not agree to be bound by the terms of this AUP must immediately stop using the Services.
LAWFUL PURPOSES
All Services provided by Skywire may only be used for lawful purposes. Transmission, distribution, or storage of any data in violation of any applicable law or regulation is prohibited. This prohibition includes, without limitation, data protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and data that is obscene, defamatory, constitutes and illegal threat, violates export control laws, and any activity that Skywire determines to be harmful to any user, operation, reputation, goodwill, or customer relations. In situations where material is carried across networks of other Internet Service Providers (each, an “ISP”), users of the Services must also conform to the applicable acceptable use policies of such other ISPs.
NETWORK SECURITY
Violations of any security protocol, measure, or device for the Services are prohibited, and may result in criminal and civil liability. Skywire will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Without limiting the generality of the foregoing, the following are examples of such security violations:
- Unauthorized access to or use of data, networks and system, including any attempt to probe, scan or test the vulnerability of a network or system or to breach security or authentication measures without express authorization of the owner of such system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of such network or system.
- Interference with service to any user, host or network including, without limitation, mailbombing, flooding, denial of service attacks, deliberate attempts to overload a system and broadcast attacks.
- Forging of any transmitted information packet, or any part of the header information in an email or a newsgroup posting.
- Modifying or tampering with any hardware, software, or configurations provided by Skywire.
- Disrupting any aspect of the Services through any means.
- Excess use of bandwidth that in Skywire sole opinion, goes above normal usage or limit allocated to the user.
- Assuming or assigning Skywire IP address that was not allocated to the user by Skywire.
- Use of the Service in Cuba, Iran, North Korea, Sudan and Syria or to destinations that are otherwise controlled or embargoed under U.S. law.
ELECTRONIC MAIL / USENET
Sending unsolicited email messages, including without limitation, commercial advertising, informational announcements, instant messenger programs, IRC, Usenet, etc. that promotes or advertises a service, product, cause, opinion, money making opportunity, or the like that a recipient did not specifically request from the sender, whether or not that communication passed through the sender’s email infrastructure (i.e., only needs to originate from the sender) is explicitly prohibited (commonly known as “SPAM”).
USER RESPONSIBILITY
Each user is solely responsible for the security and misuse of any device that uses the Services. Skywire recommends that users implement appropriate measures to protect the security of its devices. These measures may include installations of firewalls, antivirus protections with regular updates, regularly checking for and applying security patches for software and operating systems, and general security protections in the Services. This also includes an obligation to take appropriate actions to prevent user devices from becoming infected with and or distributing computer viruses.
Further, resellers or downstream service providers of Skywire Services are responsible for informing their customers of this AUP and for enforcing its restrictions with regard to its users’ actions. Complaints about such users of any such reseller or downstream service provider will be forwarded to such reseller or downstream service provider for resolution. If at any time Skywire determines that such reseller or downstream service provider is not taking appropriate action in accordance with this AUP, then Skywire will work with such reseller or downstream service provider to review their policies and enforcement procedures. If the reseller or downstream service provider continues to fail to take appropriate action, then Skywire will take any action, as it deems appropriate, up to and including termination of the Services.
LIABILITY DISCLAIMER
Skywire does not monitor, verify, warrant, or guarantee the accuracy of the information that users may acquire over the Internet. Users must exercise their best judgment in relying on information obtained from the Internet. Since Skywire does not monitor the Internet, Skywire cannot accept any responsibility for any injury to users that results from inaccurate, unsuitable, offensive, or illegal Internet communications. Further, Skywire does not review, edit, censor, or take responsibility for any information its users may create on the Internet. Notwithstanding the foregoing, Skywire may monitor its Service electronically to determine that its network and facilities are operating satisfactorily, if required to do so by law, government authority or when public safety is at stake.
Skywire takes no responsibility and assume no liability for any content uploaded, transmitted, or downloaded by a user or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity that a user may encounter. Skywire is only the provider of the Services, and will not be liable for any statements, representations, or content provided by or encountered by our users in any online source. All users agree to indemnify, defend and hold harmless, Skywire, its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys fees, resulting from a violation of this AUP by such user.
ENFORCEMENT
While Skywire does not control or monitor the content of online communications, Skywire may block access to content that it deems to be in violation of the AUP or that it otherwise deems to be unlawful, harmful or offensive, in its reasonable discretion. Skywire reserves the right to investigate violations of this this AUP, including the gathering of information from the user(s) involved and the complaining party, if any, and the examination of the data on Skywire’s network. Skywire prefers to advise users of AUP violation and any necessary corrective action; but, if Skywire, in its sole discretion, determines that a user has violation the AUP, then Skywire will take any responsive action that its demands appropriate without prior notification. Such action includes, but is not limited to, temporary suspension of Services, reduction of Services resources and termination of Services. Skywire is not liable for any such responsive action and these actions are not exclusive. Skywire may take any other legal or technical action it deems appropriate to remedy citations of this AUP. The failure of Skywire to enforce this AUP, for whatever reason, will not be constructed as a waiver of any right to do so at any time.
Further, Skywire will cooperate with appropriate law enforcement agencies in investigating claims of illegal or inappropriate activity. Skywire may disclose information, including but not limited to, information concerning a user, a transmission made using the Services in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Skywire assumes no obligation to inform the user that user-specific information has been provided to any person or entity. Skywire may disclose user information or information transmitted over the Services where necessary to protect Skywire and others from harm, or where such disclosure is necessary to the proper operation of the system. In instances involving child pornography, Skywire complies with all applicable federal and state laws including providing notice to the National Center for Missing and Exploited Children or other designated agencies.
COMPLAINT PROCESS
Complaints regarding any type of illegal use or abuse, or about any system or network security issues may be sent to Legal@Skywirenetworks.com. For active security incidents, please immediately contact Skywire’s Network Operations Center at (844) 759 – 9473 at any time.
