Fair Use Policy
1. Introduction
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.
This Policy applies to all locations to include Australia, Australia outlying islands and territories, New
Zealand, Papua New Guinea, Solomon Islands, Fiji, Nauru, and Vanuatu.
2. Terminology
For purposes of the Policy, the following are defined terms:
“SkyTel” means SkyTel Pty Ltd 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.
3. Agreement to Policy
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.
4. SkyTel’s Rights under the Policy
4.1. Suspension or Termination of Service
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.
4.2. Cooperation with Law Enforcement
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.
5. Prohibited Uses
5.1. Uses of the Service that will constitute violations of the Policy include
5.1.1. Illegal Activity
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.
5.1.2. Unauthorized Access/Interference
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.
5.1.3. Unsolicited Commercial Email/Spamming/Mailbombing
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.
5.1.4. Spoofing/Fraud
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.
5.1.5. Inbound Complaints
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.
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
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.
7. SkyTel Service
7.1. Customers, resellers and Users acknowledge that SkyTel does not and cannot in any way
supervise, edit or control the content and form of any information or data accessed through the Internet, and SkyTel shall not be held responsible in any way for any content or information
accessed via the SkyTel Service. Furthermore, SkyTel disclaims all or any responsibility or
liability for any material on the Internet that you may find offensive, upsetting, defamatory, and
personally offensive and in any way unsuitable for minors.
7.1.1. Third Party Charges
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.
7.1.2. On-Sell
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.
7.1.3. Spam or Bulk Mail
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.
7.1.4. Manage the Network
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.
7.1.5. Traffic Prioritisation
The Users’ use of our Service is subject to traffic prioritization by SkyTel, where the allocation of
bandwidth resources is necessary to minimize congestion.
7.1.6. Quality of Service
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.
7.1.7. Change, Modify or Withdraw FUP
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.
8. Complaints and Contact Information
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.
9. WARRANTY AND LIABILITY
9.1. The Supplier warrants that the Goods are of acceptable quality and free from defects caused by
faulty manufacture or faulty materials. This warranty is valid for 12 months from the date of
delivery of the Goods, or such period provided in the manufacturer’s warranty documentation
accompanying the Goods, whichever is the greater. This warranty is in addition to any non-
excludable legal rights or remedies conferred on the purchaser under the CC Act and any similar
laws.
9.2. If during the warranty period, any part of the Goods fails to operate correctly due to faulty
manufacture or materials, the Supplier will, at its option, either repair the Goods, supply
replacement Goods or reimburse the Purchaser for the Price, provided that the Purchaser
returns the Goods to the Supplier at the address specified in the Quotation, or a service center
authorized by the Supplier. The Supplier shall not be liable for defects arising from fair wear and
tear or misuse of the Goods.
9.3. The Purchaser is liable for all costs associated with sending the warranty claim Goods to the
Supplier, including freight or postage and insurance, and for collection or return of the repaired
or replacement Goods.
9.4. To the extent permitted by law, all warranties, conditions, obligations and liabilities, other than
those specified in these Terms, are excluded.
9.5. To the extent permitted by law, the Supplier’s liability for any non-excludable condition or warranty is limited to (at the Supplier’s option):
a. in the case of goods – repairing, replacing or supplying equivalent goods, or
paying the cost of any of those remedies to the purchaser; or
b. in the case of services – supplying the services again or paying the cost of
having the services supplied again.
9.6. This clause 6 applies where the Goods are “consumer goods” within the meaning of the CC Act:
Our goods come with guarantees that cannot be excluded under the Australian
Consumer Law. You are entitled to a replacement or refund for a major failure and compensation
for any other reasonably foreseeable loss or damage. You are also entitled to have the goods
repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount
to a major failure.
9.7. Notwithstanding anything else in these Terms, Supplier shall not be liable in any circumstances
for any consequential, indirect, special, incidental, or exemplary damages even if such damages
are foreseeable, and even if advised of the likelihood of such damages occurring.
10. DELAY
The Supplier shall not be liable for any loss sustained by the Purchaser through delay in delivering the
Goods caused by circumstances outside of the reasonable control of the Supplier.
11. DEFAULT
11.1. It is a Default if the Purchaser:
a. fails to pay any amount (including the Price) to the Supplier when due for payment;
b. breaches any of these Terms or the Terms relating to the Purchaser’s credit application; or
c. commits an act of bankruptcy or makes an arrangement with all or any number of its
creditors, or has a receiver, administrator or liquidator appointed.
11.2. If a Default occurs the Supplier may, to the extent permitted by law:
a. Suspend any further supply or deliveries of any Goods;
b. Cancel any Credit Facility (and require that all further sales be on a cash on or before
delivery basis);
c. Declare all amounts owing by the Purchaser to the Customer on any account immediately
due and payable;
d. Treat these terms as repudiated by the Purchaser.
e. Exercise any other rights, including to enforce any security interest and to claim the return of
any Goods to which it has title; and
f. Recover all debt collection and legal expenses incurred by Supplier on a client/solicitor basis
in connection with the enforcement or attempted enforcement of these Terms.
12. DISCLAIMER AND INDEMNITY
12.1. Except as expressly provided in these terms, to the extent permitted by law, the Supplier
and each of its related bodies corporate.
a. exclude all liability to the Purchaser or anyone else for loss or damage of any kind (however
caused or arising) relating in any way to the Goods or in connection with these Terms.
b. will not be liable for any direct, indirect, special, incidental or consequential damages arising
out of the Purchaser’s access to, use or resale of the Goods or in connection with these
12.2. The Purchaser shall at all times indemnify, and keep indemnified, the Supplier and each
of its related bodies corporate, including their directors, officers, employees and agents from and
against any loss (including reasonable legal costs and expenses on a full indemnity basis) or
liability incurred or suffered by the Purchaser arising from any claim, demand, suit, action or
proceeding by any person against the Purchaser where such loss or liability arose out of, in
connection with or in respect of the Purchaser’s conduct, or access to, use or resale of the
Goods or breach of these Terms.
12.3. This clause is not intended to exclude or limit any rights which the Purchaser may have
under the Competition and Consumer Act 2010.
13. WAIVER
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.
