ACCEPTABLE USE POLICY
1. General Policy:
Skywire reserves the sole discretion to deny or restrict your Service, or immediately to suspend or terminate your Service, if the use of your Service by you or anyone using it, in our sole discretion, violates the Agreement or other Skywire policies, is objectionable or unlawful, interferes with the functioning or use of the Internet or the Skywire network by Skywire or other users, or violates the terms of this Acceptable Use Policy (“AUP”).
2. Specific Examples of AUP Violations.
The following are examples of conduct which may lead to termination of your Service. Without limiting the general policy in Section 1, it is a violation of the Agreement and this AUP to: (a) access without permission or right the accounts or computer systems of others, to spoof the URL, DNS or IP addresses of Skywire or any other entity, or to penetrate the security measures of Skywire or any other person’s computer system, or to attempt any of the foregoing; (b) transmit uninvited communications, data or information, or engage in other similar activities, including without limitation, “spamming”, “flaming” or denial of service attacks; (c) intercept, interfere with or redirect email or other transmissions sent by or to others; (d) introduce viruses, worms, harmful code or Trojan horses on the Internet; (e) post off-topic information on message boards, chat rooms or social networking sites; (f) engage in conduct that is defamatory, fraudulent, obscene or deceptive; (g) violate Skywire’s or any third party’s copyright, trademark, proprietary or other intellectual property rights; (h) engage in any conduct harmful to the Skywire network, the Internet generally or other Internet users; (i) generate excessive amounts of email or other Internet traffic; (j) use the Service to violate any rule, policy or guideline of Skywire; (k) use the service in any fashion for the transmission or dissemination of images containing child pornography or in a manner that is obscene, sexually explicit, cruel or racist in nature or which espouses, promotes or incites bigotry, hatred or racism; or (l) download or use the Service in Cuba, Iran, North Korea, Sudan and Syria or to destinations that are otherwise controlled or embargoed under U.S. law, as modified from time to time by the Departments of Treasury and Commerce.
3. Copyright Infringement/Repeat Infringer Policy.
Skywire respects the intellectual property rights of third parties. Accordingly, you may not store any material or use Skywire’s systems or servers in any manner that constitutes an infringement of third party intellectual property rights, including under US copyright law. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable laws, it is the policy of Skywire to suspend or terminate, in appropriate circumstances, the Service provided to any subscriber or account holder who is deemed to infringe third party intellectual property rights, including repeat infringers of copyrights. In addition, Skywire expressly reserves the right to suspend, terminate or take other interim action regarding the Service of any Subscriber or account holder if Skywire, in its sole judgment, believes that circumstances relating to an infringement of third party intellectual property rights warrant such action. These policies are in addition to and do not affect or modify any other rights Skywire may have under law or contract. If you believe that copyrighted material has been used in violation of this policy or otherwise been made available on the Service in a manner that is not authorized by the copyright owner, its agent or the law, please follow the instructions for contacting Skywire’s designated Copyright Agent as set forth in Skywire’s Copyright Policy located at
4. Skywire may, but is not required to, monitor your compliance, or the compliance of other subscribers, with the terms, conditions or policies of this Agreement and AUP. You acknowledge that Skywire shall have the right, but not the obligation, to pre-screen, refuse, move or remove any content available on the Service, including but not limited to content that violates the law or this Agreement.
5. Theft or Fraudulent Use of the Service; Loss or Theft of Equipment.
If your Equipment is lost or stolen, or if you become aware at any time that the Service has been stolen or is being fraudulently used, it is very important that you notify Skywire immediately, so that Skywire can suspend your Service (and the ability to use any Equipment that you have purchased or leased for use in association with that Service) in order to prevent further usage and limit your liability. You can do this by calling Skywire’s customer service department at (646) 722-7200. Once you notify Skywire, Skywire will suspend your Service (i.e., until you possess replacement Equipment usable with the Service or such fraudulent activity has ceased, as applicable), and you will not be responsible for charges incurred with the lost or stolen Equipment during that period of suspension. If a Term Commitment applies to your Service, then you will be obligated to fulfill the remainder of your Term Commitment, which will be deemed extended by the full duration of the period that your Service is suspended; and, if you do not fulfill the remainder of your Term Commitment, then the Early Termination Fee (or the restocking fee, as applicable) will become due and will be chargeable automatically by Skywire to your Card (or through an EFT, if and as applicable).
FRAUDULENT USE Customer agrees that Skywire has no ability to prevent fraudulent use by third parties. Customer shall be solely responsible for any fraudulent use of the Services and shall pay for all usage, fraudulent or otherwise. Customer may not dispute any invoice from Skywire based on any claim of fraudulent usage.
Passwords
A. CREATION: Customer will be required to create a password to gain access to account information, either on-line or by phone.
B. CONFIDENTIALITY: Customer agrees to keep all passwords and account information confidential.
C. EFFECT OF FAILURE TO MAINTAIN CONFIDENTIALITY: Customer is solely responsible for any liability or damages resulting from the Customer’s failure to maintain the confidentiality of his/her/its password, and for all activities that occur under the Customer’s password.
D. NOTICE OF BREACH OF SECURITY: Customer must immediately notify Company if Customer suspects any breach of security such as loss, or unauthorized disclosure or use of Customer’s password and account.
THEFT OF CUSTOMER’S DEVICE OR SERVICE
A. NOTICE OF BREACH OF SECURITY: Customer must immediately notify Company if the CPE supplied to Customer has been stolen or if Customer believes that Customer’s Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. Failure to notify Company may result in Customer remaining liable for any charges associated with such use, and may also result in the termination or disconnection of such Service or Device.
B. THEFT AS INCLUDING UNAUTHORIZED USE OF FIRMWARE AND SOFTWARE: Except as expressly provided, Company does not grant any license to any Customer to use the firmware or software used to provide its Service, including software or firmware embedded in any Device, other than a nontransferable, revocable license to use the firmware or software in object code form (without making any modification to it) strictly according the terms and conditions of this agreement.
You also agree that you will use your device exclusively for our service. We will not provide any passwords, codes, or other information or assistance that would enable you to use your device for any other purpose. We reserve the right to prohibit the use of any interface device that we have not provided to you. You warrant that you possess all required rights, including software or firmware licenses, or both, to use any interface device that we have not provided to you. You may not reverse compile, disassemble, or reverse engineer, or otherwise attempt to derive the source code from the binary code of the firmware or software.
6. The following applies only to Skywire Residential Service. Unless otherwise noted in your contract, the Service is a consumer grade service and is not designed for or intended to be used for any commercial purpose. You may not resell the Service, use it for high volume purposes, or engage in similar activities that constitute such use (commercial or non-commercial). If you subscribe to a Broadband Service, you may connect multiple computers/devices within a single home to your modem and/or router to access the Service, but only through a single Skywire-issued IP address. You also may not exceed the bandwidth usage limitations that Skywire may establish from time to time for the Service, subject to the terms of Skywire’s Open Network Policy. Violation of this section may result in bandwidth restrictions on your Service or suspension or termination of your Service.
7. The following applies to CentralOffice, Skywire Voice and Metroflex Services:
• Business Use Defined Customers subscribing to the Services will receive, and agree to use, the Service solely for single business commercial use.
• Determining Inconsistent Use Customer’s use of Provider’s Service in a manner inconsistent with the Customer’s Service Plan is a violation of the Customer’s agreement with Provider for the providing of services. The Provider may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Provider shall maintain a non-exclusive list of inconsistent uses on its website, and shall be entitled to update this list from time to time.
• Effect Of Inconsistent Use Customer’s use of the Service, or any CPE provided in connection with the Service, in a way that is reasonably suspected to be inconsistent with the normal use for Customer’s plan, will result in Provider’s right to conduct an account review, and may result in a notice from Provider to Customer regarding the inconsistent use. Failure to contact the Provider in response to such a notice and/or failure to promptly correct usage activity to conform to normal use, can result in any one or more of the following consequences:
A. At Provider’s sole discretion, Customer may be required to pay the rates for the type of plan and service that corresponds to the Customer’s actual use for the period of such unpermitted use;
B. At Provider’s sole discretion, if Customer is permitted to continue to receive Service from Provider, Customer may be required to pay Provider’s applicable, higher rates for resale Service;
C. immediate mandatory transfer to another appropriate plan (which may be higher in cost);
D. Provider may suspend or terminate Customer’s plan or Service;
E. Provider may pursue any other legal remedy, whether criminal or civil in nature, against Customer.
• If Customer’s service is terminated under this provision, Customer is subject to all applicable disconnection and Device or other rebate recovery charges. Provider’s other rights to terminate a Customer’s account under this Agreement (for cause or with no reason) is not limited by this provision.
8. The following applies to all Business Broadband services (including but not limited to Skywire Pro, Data T1):
• Business Use Defined Customers subscribing to the Services will receive, and agree to use, the Service solely for single business commercial use. Unless agreed in writing by Skywire, Customer shall not resell or redistribute any Services purchased from Skywire (including via wi-fi hotspots). In addition, Customer shall not copy, modify, resell or redistribute the Software or the Products, create or recreate the source code for the Products or any Software, or re-engineer, reverse engineer, decompile, disassemble or attempt in any way to disable, deactivate or render ineffective the password protection in the Products or any Software
• Determining Inconsistent Use Customer’s use of Provider’s Service in a manner inconsistent with the Customer’s Service Plan is a violation of the Customer’s agreement with Provider for the providing of services. The Provider may determine inconsistent use based on material deviations from the usage patterns and levels of most of our customers using the same and/or similar service plans, features or devices. Provider shall maintain a non-exclusive list of inconsistent uses on its website, and shall be entitled to update this list from time to time.
• Effect Of Inconsistent Use Customer’s use of the Service, or any CPE provided in connection with the Service, in a way that is reasonably suspected to be inconsistent with the normal use for Customer’s plan, will result in Provider’s right to conduct an account review, and may result in a notice from Provider to Customer regarding the inconsistent use. Failure to contact the Provider in response to such a notice and/or failure to promptly correct usage activity to conform to normal use, can result in any one or more of the following consequences:
A. At Provider’s sole discretion, Customer may be required to pay the rates for the type of plan and service that corresponds to the Customer’s actual use for the period of such unpermitted use;
B. At Provider’s sole discretion, if Customer is permitted to continue to receive Service from Provider, Customer may be required to pay Provider’s applicable, higher rates for resale Service;
C. immediate mandatory transfer to another appropriate plan (which may be higher in cost);
D. Provider may suspend or terminate Customer’s plan or Service;
E. Provider may pursue any other legal remedy, whether criminal or civil in nature, against Customer.
9. The following applies to all Internet services:
• You acknowledge and agree that Skywire (a) is not responsible for invalid destinations, transmission errors, or the corruption of your data; and (b) does not guarantee your ability to access all websites, servers or other facilities or that the Service is secure or will meet your needs.
• You acknowledge that the Service will allow access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable for children. You agree that the supervision of use of the Service by children is your responsibility and that Skywire is not responsible for access by you or any other users to objectionable or offensive content. SKYWIRE STRONGLY RECOMMENDS THE USE OF COMMERCIALLY AVAILABLE CONTENT FILTERING SOFTWARE. Unless you order Jnet filtering services, you should have no expectations that content should be filtered.
• You understand and agree that if you type a nonexistent or unavailable Uniform Resource Locator (URL), or enter a search term into your browser address bar, Skywire may present you with an advanced web search page (“AWS Page”) containing suggested links based upon the query you entered in lieu of your receiving an NXDOMAIN or similar error message. Skywire’s provision of the AWS Page may impact applications that rely on an NXDOMAIN or similar error message and may override similar browser-based search results pages.
• You are not authorized to use any Skywire name or mark as a hypertext link to any Skywire Web site or in any advertising, publicity or in any other commercial manner without the prior written consent of Skywire Licensing Company.
• You agree that Skywire assumes no responsibility for the accuracy, integrity, quality completeness, usefulness or value of any Content, advice or opinions contained in any emails, message boards, chat rooms or community services, or in any other public services or social networks, and that Skywire does not endorse any advice or opinion contained therein, whether or not Skywire provides such service(s). Skywire does not monitor or control such services, although we reserve the right to do so.
• You represent that when you transmit, upload, post or submit any content, images or data using the Service you have the legal right to do so and that your use of such data or content does not violate the copyright or trademark laws or any other third party rights.
• Websites linked to or from the Service are not reviewed, controlled, or examined by Skywire and you acknowledge and agree that Skywire is not responsible for any losses you incur or claims you may have against the owner of third party websites. The inclusion of any linked websites or content from the Service, including websites or content advertised on the Service, does not imply endorsement of them by Skywire.
• If you choose to access the Skywire Web Sites from locations outside the United States, you do so on your own initiative and you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of technical data exported from or imported to the United States or the country in which you reside. Skywire makes no representation that materials on the Skywire Web Sites are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited.
