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| Acceptable Use
Policy |
1. Introduction
Sky Web supports the free flow of information and ideas over the Internet.
Sky Web does not actively monitor nor does Sky Web exercise editorial
control over the content of any web site,
electronic mail transmission, mailing list, news group or other
material created or accessible over Sky Web network. However, Sky
Web reserves the right to remove any materials that, in Sky Web's
sole discretion, are potentially illegal, may subject Sky Web to liability,
or violate this Acceptable Use Policy ("Policy"). Your violating
this Policy may result in the suspension or cancellation of your Sky
Web account.
2. Policies
The following are violations of Sky Web's acceptable use policies:
2.1. Using a personal account for high volume or commercial use. If
you would like to receive high-volume or commercial services, please
contact Sky Web's Sales Department at 732-583-0040 for information
about establishing a commercial account. Activities which are prohibited
as high volume include, but are not limited to:
2.1.1. Any mailbox exceeding 10MB may, at Sky Web's discretion, be
discarded or compressed into a temporary storage file. Members will
be notified at that time with further information. Sky Web reserves
the right to delete the temporary file from the server seven days
after this notification.
2.1.2. Exceeding 5MB of disk space for Personal Web sites. Any web
site exceeding 5MB will be suspended until the customer brings the
disk space usage under 5MB or less. Or, additional megabytes may be
purchased. These prices may be obtained by calling 732-583-0040.
2.1.3. Exceeding 250MB of traffic in a month for Personal Web
sites. Any Personal Web site exceeding 250MB traffic will be billed
for the excess traffic. Traffic over 250 MB will be charged $.20 per
MB
2.2. Using Sky Web services for illegal purposes or in support
of illegal activities. In accordance with the Internet Access
Agreement, Sky Web reserves the right to cooperate with legal
authorities and/or injured third parties in the investigation
of any suspected crime or civil wrong. Activities which are
prohibited as potentially illegal include, but are not limited to:
2.2.1. Unauthorized copying of copyrighted material including, but
not limited to, digitization and distribution of photographs from
magazines, books, or other copyrighted sources, and copyrighted software.
2.2.2. Exporting software or technical information in violation of
U.S. export control laws.
2.2.3. Posting or emailing of scams such as 'get-rich-quick
schemes or 'pyramid/chain' letters.
2.2.4. Threatening bodily harm or property damage to individuals or
groups.
2.2.5. Making fraudulent offers of products, items, or services
originating from your account.
2.2.6. Attempting to access the accounts of others, or attempting
to penetrate security measures of Sky Web's or other entities' systems
("hacking"), whether or not the intrusion results in corruption
or loss of data.
2.2.7. The unauthorized use of a person's name or likeness.
2.3. Harassing others by 'mail-bombing' or 'news-bombing'.
'Mail-bombing' constitutes sending more than ten (10) similar mail
messages to the same email address. 'News bombing' constitutes sending
more than 10MB of data to a newsgroup.
2.3.1. Sending unsolicited electronic mail (email) messages where
the recipient objects to the content of the message or to the receipt
of the message in general is also prohibited under this Section.
2.3.1.1. Members acknowledge that they are expressly prohibited from
utilizing Sky Web's service, Sky Web's equipment or any Sky Web's
email address in connection with the sending of the same or substantially
similar unsolicited email message, whether commercial or not, to a
large number of recipients. This prohibition extends to the sending
of unsolicited mass mailings from another service which in any way
implicates the use of Sky Web's service, Sky Web's equipment or any
Sky Web's email address(es).
2.3.1.2. A message is unsolicited if it is posted in violation
of a USENET or newsgroup charter and /or if it is sent to a
recipient who has not requested or invited the message. For
purposes of this provision, merely making one's e-mail address
accessible to the public shall not constitute a request or
invitation to receive messages.
2.3.1.3. Member specifically agrees that he/she/it will not
utilize the Sky Web account or Sky Web's equipment or any
Sky Web email address in connection with the transmission of
the same or substantially similar unsolicited message to 25 or
more recipients or 15 or more newsgroups in a single day. Members responsible for these
acts may be terminated at Sky Web's discretion. For each day upon which this provision is
violated, Member agrees to pay Sky Web $25.00 per day for an unintentional violation of
this provision, but where warranted, such as in the case of an accidental transmission,
Sky Web may waive all or part of the applicable charge. In cases of willful violations of
this provision, Member agrees to pay Sky Web $200.00 per day. Sky Web at its sole
discretion shall determine whether such a violation was unintentional or willful. Payment
by member under this provision shall not prevent Sky Web from seeking to obtain other
legal remedies against member, including other damages or an injunction.
2.4. Revealing your account password to others or allowing use of
your account by others (other than authorized users in your
household).
2.4.1 At no time can there be simultaneous use of the same username and password
combination.
2.5. Forging any message header, in part or whole, of any
electronic transmission, originating or passing through Sky Web services.
2.6. Distributing viruses to or from Sky Web's network or systems.
2.7. Use of software or any device that would allow your account to
stay logged on while you are not actively using Sky Web services or
use the account for the purpose of operating a server of any type.
(See section 3 below)
2.8. Cross-posting advertisements for products, items, or services
to ten (10) or more unrelated USENET newsgroups.
2.9. Posting articles to any USENET or other newsgroup, mailing list
or similar forum which are off-topic according to the charter or other
public statement of the forum.
2.10. Disrupting any newsgroup with frivolous, excessively vulgar,
or repetitious postings.
2.11. Posting of binary, or excessively large, unrelated text files
to non-binary news groups that have specifically requested such material
not be posted in the group's FAQ (Frequently Asked Questions), charter
or other public statement of the forum that such material not be posted.
2.12. Installation of 'auto-responders', 'cancel-bots' or similar
automated or manual routines which generate excessive amounts of net
traffic, or disrupt net newsgroups or email use by others.
2.13. Engaging in any of the above activities using the service
of another provider but channeling such activities through a
Sky Web account or re-mailer, or using a Sky Web account
as a mail drop for responses.
3. Unlimited Service
Member acknowledges that Sky Web's Service is intended for
periodic, active use of email, USENET newsgroups, file transfers via
FTP, Internet Chat, Internet Games and Browsing the World Wide Web.
Member further agrees not to use the service on a standby or inactive
basis in order to maintain a connection. Pinging is expressly prohibited.
Accordingly, Sky Web maintains the right to terminate members connection
following any extended period or inactivity as determined by Sky Web.
4. General Liability & Backup Clause
Use of Sky Web's services assumes acceptance of the following
General Liability Policy by all users:
4.1 Sky Web has no practical ability to restrict all conduct,
communications or content which might violate this Policy
prior to its transmission on Sky Web's systems, nor can
Sky Web ensure prompt removal of any such communications
or content after transmission or posting. Accordingly,
Sky Web does not assume liability to subscribers or others
for any failure to enforce the terms of this Policy.
4.2 Customer understands that the Internet, like all networks may be
out of service at times and Sky Web makes no warranties as to the
reliability or uptime guarantee of it's network, servers or the Internet. Under
no circumstances shall Sky Web be held liable for loss of business as
a result of loss of Sky Web's services, server data or the Internet service. Under any
circumstances the maximum liability assumed by Sky Web shall be
limited to the equivalent of the service fee paid by the customer for
the most current month.
4.3 Sky Web shall not be responsible to perform backups of any customer's data placed on its web servers,
email servers, unix shell/file storage or other servers by the customer. It is the customers' sole
responsibility to perform frequent backups of their website files, emails, and other files stored on any Sky Web's
servers. Sky Web assumes absolutely no liabilty for loss of data on any of its servers. Under any circumstances the maximum liability assumed by Sky Web shall not
exceed the service fee paid by the customer for the most current month.
5. Revisions to this Policy
Sky Web reserves the right to modify this Policy at any time.
Notice of modifications to this Policy may be given to
subscribers by posting such changes to the Sky Web homepage (http://www.skywebusa.com),
by electronic mail, or by conventional/postal mail.
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