Last Revised On: 4/22/08
As provided within the Master Service Agreement, your Services may be suspended or terminated for any violations of this Acceptable Use Policy (AUP). Skyway Networks will not issue credits for interruptions in Services resulting from your AUP violations. Capitalized terms used in this AUP shall have the same meaning as provided in the Master Service Agreement.
Questions or abuse reports regarding this AUP should be directed to firstname.lastname@example.org.
Abuse of the Skyway Networks' Services, network resources, systems, or the Skyway Networks Web Site includes:
- Accessing or attempting to access systems or networks to which you are not an authorized user. This includes attempts to scan, probe, test, or breach system security without express authorization from the owner of the system or network, whether by passive or intrusive techniques.
- Unauthorized monitoring of data or traffic on any network or system.
- Interfering with or attempting to interfere with the Skyway Networks' systems, network, or Services for the purpose of disrupting normal network or Service operations. This includes, but is not limited to mail bombing, flooding, denial of service attacks, or network broadcast attacks.
- The collection or use of personally identifiable information of another Person, without their consent, when the intent for the information is for the purposes of phishing, Internet scamming, password robbery, or causing economic or physical harm to that Person.
- The transmission of false, misleading, or deceptive TCP/IP data packets for the purposes of covertly disguising the origin of an attack against another Person.
- Using the Services or network for the purposes of distributing software designed to covertly collect or transmit data from another Person's system to you for the purposes of causing economic or physical harm to that Person. This may include, but is not limited to, rootkits, spyware, worms, viruses, or other malicious software.
- Using the Services or network for the purposes of distributing advertisement software (adware) unless a Person affirmatively consents to the download and installation of the advertisement software and the advertisement software is easily removable by that Person using standard tools provided within their operating system (Microsoft Windows' add/remove application).
- Any conduct that is likely to result in retaliation against the Skyway Networks Services, network resources, systems, or the Skyway Networks Web Site.
You may not upload, transmit, or store on any Skyway Networks provided Service, network, or equipment, content that Skyway Networks reasonably believes to:
Content that you "upload, transmit, or store" on or via the Skyway Networks provided Services, network, or equipment includes web content, email, bulletin board postings, online chat, or any other type of posting or transmission that relies on the Internet.
- Constitute, depict, foster, promote, or relate to any manner of child pornography, bestiality, or non-consensual sex acts.
- Contain excessive violence, incite violence, threaten violence, contain harassing content, or contain hate speech.
- Contain chain letters, pyramid schemes, or any other unfair or deceptive practice, as provided under the consumer protection laws of any jurisdiction.
- Defame, violate the privacy of, or create a risk to the health or public safety of another Person.
- Compromise national security or interfere with a law enforcement investigation.
- Improperly expose trade secrets, confidential or proprietary information, or assist others in defeating technical copyright protections.
- Infringe on the copyright, patent, service mark, or other property right of another Person.
- Promote illegal drugs, illegal gambling, illegal arms, or otherwise violate export control laws.
- Solicit illegal conduct under the laws applicable to you or Skyway Networks, or that is otherwise malicious, fraudulent, or may result in retaliation against Skyway Networks by offended viewers.
Bulk, Commercial Email, and Spam
You are required to maintain full compliance with the United States CAN-SPAM Act of 2003, in addition to the laws and regulations of other jurisdictions as they pertain to bulk, commercial, or unsolicited (spam) email. You additionally agree that:
These policies apply to email messages sent using your Skyway Networks provided Services, or to messages sent from another service provider's network, or from any other Person on your behalf, that directly or indirectly refers the recipient to a web site or email address hosted via your Skyway Networks provided Service. In addition, you may not use a third-party emailing service that does not practice similar procedures for its customers. These requirements apply to pre-compiled distribution lists prepared by third-parties to the same extent as if the list were created directly by you. Skyway Networks, at its sole discretion, may test or otherwise monitor your compliance with these requirements, and if non-compliance is discovered, block the transmission of email that you send which violates these provisions.
- Each recipient to whom you send email has provided their affirmative consent to receive email from you via an opt-in, or preferably double opt-in procedure, where you have taken reasonable steps to guarantee that the user providing the consent is the legitimate owner of the email address provided to you.
- You will retain evidence of each recipient's affirmative consent to receive bulk or commercial email from you and that such evidence can be promptly produced within 72 hours at the request of either Skyway Networks or the recipient.
- You have procedures in place to allow the recipient to easily revoke their consent to receive bulk or commercial email, that you send, in the form of a conspicuous removal link in the body of each email, or clear and concise instructions on how to revoke their consent to receive future bulk or commercial email from you.
- You will provide recipients of your bulk or commercial email with an email address for complaints (such as email@example.com) in a conspicuous place in the email you send, and on your web site (if applicable). You also agree to promptly respond to messages sent to that address.
- You will not obscure the origin or your email in any manner. This includes, but is not limited to, the forging of message header information, or the manipulation of the From or Reply-To addresses that would otherwise invalidate your ability to receive bounce backs, system error messages, or complaints from recipients.
- You will not repeatedly continue to send messages to recipients whose email addresses have generated system delivery errors or undeliverable messages errors for a period of more than fifteen (15) days. In such an event, you agree to remove the email addresses responsible for the system delivery errors or undeliverable message errors until such time that the recipient re-opts-in to receiving bulk or commercial email from you.
Your Additional Warranties
You agree to:
- Maintain valid and current contact information for all domain names that are used to access Services hosted at Skyway Networks. This applies to domain names that are hosted either in the Skyway Networks domain name registry, or at another domain name registrar.
- Use your Skyway Networks assigned IP addresses solely for the purposes of accessing Services provided by Skyway Networks.
- Take reasonable actions to prevent the listing of IP addresses assigned to you by Skyway Networks in email abuse databases such as Spamhaus, SpamCop, or other similar databases. If your assigned IP addresses are listed in such a database, you will be in violation of this AUP and Skyway Networks may take reasonable actions to protect its IP addresses from further listings, including suspension or termination of your Services, regardless of whether the IP addresses were listed as result of your direct actions.
- Allow Skyway Networks to quarantine or delete infected data on shared, Skyway Networks provided equipment or network systems, when such data contains a worm, virus, malicious code, or is otherwise corrupted, and Skyway Networks reasonably believes that the data has the potential to infect or corrupt other customers' data or systems on the network.