This acceptable use policy (the “Policy”) defines acceptable practices for the use of SkyTel services by customers of SkyTel and by users that have gained access to such services through these customers. The Policy is incorporated by reference into any agreement for SkyTel Service (“Agreement”) entered into between SkyTel and each of its customers.
SkyTel reserves the right to update the Policy from time to time and will maintain the latest copy of the Policy on SkyTel’s website at www.skytel.com.au The Policy is designed to assist in protecting the SkyTel Network, the Service, Users and the Internet community as a whole from improper and illegal activity over the Internet, to improve the Service and other offerings.
For purposes of the Policy, the following are defined terms:
“SkyTel” means SkyTel Telecommunications Pty Ltd ABN 16 648 274 471 or any of its affiliates and may also be referred to herein as “we” or “us”.
“Customer” means customers who have executed an Agreement with SkyTel and may also be referred to herein as “you”.
“Users” shall mean users who have access gained access to the Service through a Customer.
“Service” shall mean the internet service provided by SkyTel to Customer.
“SkyTel Network” shall mean SkyTel’s satellite internet service and related equipment, systems, facilities, and other services used in the transmission of the Service.
By using the Service, you acknowledge and agree that you and your Users are responsible for compliance with the Policy. You are responsible for violations of the Policy by any User that accesses the Service through your account. You also agree to fully cooperate with SkyTel in any investigation regarding violation of the Policy by a User.
SkyTel reserves the right to suspend or terminate a User’s access to the Service, upon written notice given to Customer as far as practically feasible, if the User engages in conduct that violates a provision of the Policy, and such conduct is not corrected within the time frame specified in the written notice. In severe cases, i.e. where the operations of the SkyTel Network or other SkyTel customers are threatened, SkyTel reserves the right to suspend or terminate the User’s access to the Service without notification. SkyTel does not make any promise, nor have any obligation, to monitor the activity of individual Users and will have no liability to any party, including you, for any violation of the Policy by Users.
SkyTel will cooperate with appropriate law enforcement agencies involved in investigating claims of illegal or inappropriate activity. SkyTel reserves the right to disclose Customer and User information to the extent authorized by law. By using and accepting the Service, you consent to our disclosure to any law enforcement agency, without the need for subpoena, of your identity as the service provider of record (including basic contact information), and for any User about whom SkyTel is contacted by the law enforcement agency.
The Service shall not be used for any unlawful activities and shall in all cases be used in compliance with applicable law. Use of the Service or SkyTel Network for transmission, distribution, retrieval, or storage of any information, data or other material in violation of any applicable law or regulation (including, where applicable, any tariff or treaty) is prohibited. This includes, without limitation, the use or transmission of any data or material protected by copyright, trademark, trade secret, patent or other intellectual property right without proper authorization and the transmission of any material that constitutes an illegal threat, violates export control laws or is obscene, defamatory or otherwise unlawful.
A User may not attempt to gain unauthorized access to or attempt to interfere with or compromise the normal functioning, operation or security of, any portion of the SkyTel Network
or any other satellite system. A User may not use the Service to engage in any activities that may interfere with the ability of others to access or use the Service or the Internet. A User may not use the Service to monitor any data, information or communications on any network or system without
authorization. A User may not attempt to gain unauthorized access to the user accounts or passwords of other Users. The use of any transmission equipment other than that which is expressly approved by SkyTel is strictly prohibited.
A User may not use the Service to transmit unsolicited commercial email messages or deliberately send excessively large attachments to one recipient. Spamming or “mailbombing” is prohibited. Likewise, a User may not use the Service to collect responses from mass unsolicited email messages. SkyTel may in its sole discretion rely upon information obtained from anti-spamming organizations as evidence that a User is an active “spam operator” for purposes of taking remedial action under the Policy.
Users are prohibited from injecting false data into the Internet, for instance in the form of bad routing information (including but not limited to the announcing of networks owned by someone else or reserved by the Internet Corporation for Assigned Names and Numbers) or incorrect DNS information. A User may not attempt to send email messages or transmit any electronic communications using a name or address of someone other than the User for purposes of deception. Any attempt to impersonate someone else by altering a source IP address information or by using forged headers or other identifying information is prohibited. Any attempt to fraudulently conceal, forge or otherwise falsify a User’s identity in connection with use of the Service is prohibited.
SkyTel receives complaints directly from Internet users and other parties. SkyTel shall not be required to determine the validity of complaints received, or of information obtained from anti-spamming organizations, but shall notify Customer of the complaint and provide a reasonable period of time, given the nature of the complaint, for Customer to resolve the complaint with the User before taking action under the Policy.
The following activities will also constitute violations of the Policy and may result in suspension or termination of the User’s access to the Service.
a. Intentionally transmitting files containing a computer virus or corrupted data.
b. Attempting to circumvent or alter the processes or procedures to measure time, bandwidth utilization, or other methods to document the use of the Service.
c. Advertising, transmitting, or otherwise making available any software, program, product, or Service that is designed to violate the Policy, which includes the facilitation of the means to deliver unsolicited commercial email.
d. Any activity that disrupts, degrades, harms or threatens to harm the SkyTel Network or the Service.
e. Any use of another party’s electronic mail server to relay email without express permission from such other party.
f. Any other inappropriate activity or abuse of the Service (as determined by SkyTel in our sole discretion), whether or not explicitly listed in the Policy.
h. Any use of the Service for military purposes, unless such use is pre-approved in writing by SkyTel.
All Users shall be able to access our services and get the best possible experience. To ensure the provision of high quality of service, a Fair Usage Policy (“FUP”) applies to Services provided under any agreement for Broadband Services (“Broadband Agreement”) and Service Contracts entered into pursuant to any Broadband Agreement, where the Users usage can affect that of other Users.
We have developed this FUP by reference to average User profiles and estimated the Users use of our services.
a. Bandwidth allocated to Users is reviewed as required, but at any time, there is only a fixed amount of bandwidth available within the SkyTel network. This FUP aims to ensure that the unreasonable usage of a few does not compromise the experience of the vast majority of Users.
b. SkyTel reserves the right to modify (through speed and other variables) the behavior of Users that frequently use significantly more data than the majority of the other Users and/or use their Internet service in a way that negatively affects the experience of other Users. If Users are found to be amongst the 10% heaviest Users, and their usage negatively impacts the network and other Users, SkyTel may attempt to communicate with the Customer and/or the User and request that the User modify their usage, may suggest a more suitable solution for all parties involved, or may exercise its rights outlined in this FUP.
c. SkyTel may issue a warning to the Customer and/or to the User to suspend a User's service under this FUP, wherein SkyTel's reasonable opinion the Users use of our services is excessive and/or unreasonable by materially exceeding estimated usage patterns over any month.
Where reasonable and practical, SkyTel will provide the Customer with 7 days’ notice before the suspension, restriction, or termination of a User’s service.
If, after we have requested that the Customer and/or User stop or alter the usage to come within our FUP, the User’s excessive or unreasonable use continues, we may without further notice, apply charges to the User account for the excessive and/or unreasonable element of usage; suspend, modify or restrict your use of our services or withdraw your access to the services. If we terminate the User’s services under a fixed contract term, an early termination fee may apply.
Some internet sites may have embedded within them the ability to program your PC, WIFi device, tablet or mobile phone etc. without the Users’ knowledge or direction. Users are liable for any charges arising from such actions by third parties and SkyTel accepts no liability for any charges and/or damages the end-Users may incur by using the Internet.
Some internet sites may have embedded within them the ability to program your PC, WIFi device, tablet or mobile phone etc. without the Users’ knowledge or direction. Users are liable for any charges arising from such actions by third parties and SkyTel accepts no liability for any charges and/or damages the end-Users may incur by using the Internet.
Users are not permitted to operate servers from the Service and Users are not permitted to on-sell this Service without written approval from SkyTel.
Users are not permitted to send spam or bulk mail using the Service and SkyTel reserves the right to charge you any costs that are required to rectify the result of such activity by the User.
SkyTel reserve the right to manage the network to improve the overall performance and customer experience. In particular, SkyTel may act such that the usage of popular services such as standard web browsing and email and that these services are not adversely affected by other applications such as peer to peer or file sharing.
The Users’ use of our Service is subject to traffic prioritization by SkyTel, where the allocation of bandwidth resources is necessary to minimize congestion.
SkyTel uses Quality of Service (QoS) configurations within its network and at its sole discretion to priorities specific types of internet traffic over others to enhance the overall User experience. These maximum speeds are not guaranteed and the probability of obtaining such speed depends on the level of priority of each User and instantaneous traffic loading factors.
SkyTel reserves the right to at any time and at its sole discretion and without any prior notice, change, modify, edit, replace or withdraw any or all of this FUP. This FUP does not replace any of the term, conditions or obligations under any Broadband Agreement. In the event of any inconsistency (in the reasonable determination of SkyTel), then the provisions of the Broadband Agreement shall prevail.
Any complaints or notifications regarding prohibited use or other abuse of the SkyTel Network, including violations of the Policy, should be sent to SkyTel by email at support@avcomm.com.au. Please include all applicable information that will assist SkyTel in investigating the complaint, including all applicable headers of forwarded messages.
SkyTel reserves the right to at any time and at its sole discretion and without any prior notice, change, modify, edit, replace or withdraw any or all of this Acceptable Use Policy.
The failure by either party to exercise or enforce any right shall not be deemed to be a waiver of any such right.
These Terms shall in all respects be exclusively governed by and constructed and interpreted in accordance with the laws of New South Wales, and the parties agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.