Fair Use Policy
“SkyTel” means SkyTel Pty Ltd or any of its affiliates and may also be referred to herein as “we” or “us”.
3. Agreement to Policy
4. SkyTel’s Rights under the Policy
4.1. Suspension or Termination of Service
4.2. Cooperation with Law Enforcement
5. Prohibited Uses
5.1. Uses of the Service that will constitute violations of the Policy include
5.1.1. Illegal Activity
5.1.2. Unauthorized Access/Interference
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.
5.1.3. Unsolicited Commercial Email/Spamming/Mailbombing
5.1.5. Inbound Complaints
5.1.6. Other Prohibited Activities 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.
g. Any use of the Service for military purposes, unless such use is pre-approved in writing by SkyTel.
6. Fair Usage Policy applicable to Broadband 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.
7. SkyTel Service
7.1.1. Third Party Charges
7.1.3. Spam or Bulk Mail
7.1.4. Manage the Network
7.1.5. Traffic Prioritisation
7.1.6. Quality of Service
7.1.7. Change, Modify or Withdraw FUP
8. Complaints and Contact Information
9. WARRANTY AND LIABILITY
11.1. It is a Default if the Purchaser:
11.2. If a Default occurs the Supplier may, to the extent permitted by law:
12. DISCLAIMER AND INDEMNITY
The failure by either party to exercise or enforce any right shall not be deemed to be a waiver of any such right.
14. GOVERNING LAW
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.