Acceptable Use Policy
1. Purpose
This Acceptable Use Policy outlines certain types of activity that are expressly prohibited by Beyond the Network (“SkyCreek”) to Users of the SkyCreek Network and related products and Services (the “Services”). This Policy is in addition to any restrictions or other limitations on use that a User may be subject to by virtue of its Service Agreement with SkyCreek. SkyCreek may modify this Policy at any time, effective upon posting of the modified policy to: http://www.skycreek.com/policy/.
2. Application
This Policy applies to all Users of the SkyCreek Network. For the purposes of this Policy, a User includes, collectively, a SkyCreek customer, its customers or end users, resellers, distributors, or any person or entity that utilizes the SkyCreek Network for any purpose whatsoever. This terms of use contained in this Policy are intended to be in addition to any contractual terms included in a User's Service Agreement.
3. Use of the SkyCreek Network
By accessing and utilizing the SkyCreek Network and related services, Users understand and acknowledge that:
- SkyCreek does not routinely monitor the content of its User's communications and except for violations of this Policy, does not attempt to control, edit or otherwise police the content of its Users' communications or other use of its Network or its Services;
- Notwithstanding the foregoing, SkyCreek reserves the right to monitor its Network, including, but not limited to, User communications and mailboxes, in order to ensure compliance with this Policy, maintain its own network security, or to address and resolve system problems with the SkyCreek Network or Services. The SkyCreek Network is not considered a secure communications medium.
- User is responsible for the security of its account(s) and password(s);
- Except for products or services identified as being supplied by SkyCreek, SkyCreek does not operate, control, or endorse any information, product or services available on the Internet;
- The Internet contains unedited materials, some of which may be sexually explicit or offensive. A User accesses such materials at its own risk.
4. Prohibited Activites
a. Illegal Use
The SkyCreek Network may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
b. System and network security
Violations of system or network security are prohibited, and may result in criminal and civil liability. SkyCreek will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. Examples of system or network security violations include, without limitation, the following:
- Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
- Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
- Interference with service to any User, host or network including, without limitation, mailbombing, flooding, deliberate attempts to overload a system and broadcast attacks.
- Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
- Use of IRC bots or clonebots.
c. Email
Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited. A User shall not use another site's mail server to relay mail without the express permission of the site.
d. Usenet
Posting the same or similar message to one or more newsgroups (excessive cross-posting or multiple-posting, also known as “SPAM”) is explicitly prohibited.
e. Other Types of Misuse
SkyCreek reserves the right to protect its Network and its Users from any activity that it deems, in its sole discretion, to be an abuse or misuse of its Network. Such misuse or abuse may include, but is not limited to, unauthorized attempts to gain root access or access to any account not belonging to that User, use of the SkyCreek Network as a “staging ground” to disable other systems or networks, or any other use that adversely affects the ability of other Users or systems to use the SkyCreek Network.
Indirect or attempted violations of the policy, and actual or attempted violations by a third party on behalf of a SkyCreek user, shall be considered violations of the policy by such user.
5. Investigation and Remedial Action
Complaints regarding any violation of this Policy should be sent to abuse@SkyCreek.com.
It is the SkyCreek policy to investigate complaints in a commercially reasonable and prompt manner. SkyCreek reserves the right to take such actions as it, in its sole discretion, deems necessary to secure the SkyCreek Network or the rights of any User, including, without limitation, suspension of service. A violation of this Policy by a User may also be a breach of its contractual obligations to SkyCreek.
Where a User is the subject of multiple or repeated complaints for the same or similar conduct, in addition to any other rights SkyCreek may have, SkyCreek may charge that User the reasonable costs of its investigation into such complaints.
6. No Warranties; Limitation Of Liability
- SkyCreek services are offered on an “as is, as available basis”. SkyCreek hereby disclaims all warranties, whether express or implied, of any kind whatsoever, including, without limitation, the warranties of merchantability or fitness for a particular purpose.
- SkyCreek shall not be liable for any claims or damages, whether direct or indirect, consequential, or special, including, without limitation, loss of data or lost profits, arising out of user's use of the SkyCreek network or its related products and services. In any jurisdiction that does not permit a party to disclaim all liability, then the SkyCreek liability shall be limited to the maximum extent permitted by law. SkyCreek shall not be liable for any claims or damages, whether direct or indirect, consequential, or special, including, without limitation, loss of data or lost profits, arising out of user's use of the SkyCreek network or its related products and services. In any jurisdiction that does not permit a party to disclaim all liability, then the SkyCreek liability shall be limited to the maximum extent permitted by law.
- Any and all claims by user are governed exclusively by its service agreement with SkyCreek.