SERVICE AGREEMENT

SKY INTERNET ACCEPTABLE USE POLICY

The following document specifies and describes the rules and regulations for acceptable use policy of SKY Internet.

By completing the enrollment process and using the SKY Internet service, subscriber expressly agrees to be bound by the terms and conditions stated herein as well as future modifications thereto, just as if you had signed this agreement.

If you do not wish to be bound by our acceptable use policy, you should immediately terminate your membership account.

While connected to SKY Internet, you must comply with the following rules. Consequences for violation of these rules are specified in Section Seven (7).


TABLE OF CONTENTS
1)
Goals
2) Disclaimer
3) General Conduct
4) System and Network Security
5) Dialup Accounts
6) Basic Internet Services
7) Consequences for Violation
8) Help and Assistance


1 - Goals
The SKY Internet Acceptable Use Policy has been formulated with the following goals in mind:

Ensure security, reliability and integrity of SKY Internet's systems and network.

Avoid situations that may cause SKY Internet to incur civil and/or criminal liability.

Maintain the image and reputation of SKY Internet as a responsible provider.

Preserve the value of Internet resources as a medium for free expression.

Encourage the responsible use of net resources, discouraging practices which degrade the usability of network resources and thus the value of Internet services.

Preserve the privacy and security of individual users.

The Acceptable Use Policy below defines the actions, which SKY Internet considers to be abusive, and thus, strictly prohibited. The examples named in this list are non-exclusive, and are provided solely for guidance to SKY Internet users. If you are unsure whether any contemplated use or action is permitted, please send mail to abuse@skyinet.net and we will assist you.

Please note that the actions listed below are also not permitted from other Internet Service providers on behalf of, or to advertise, any service hosted by SKY Internet, or connected via the SKY Internet network. -- top


2 - DISCLAIMER
SKY Internet reserves the right to change the contents of any but not limited to its Acceptable Use Policies, Guidelines, MOTD without the benefit of prior warning or notification if necessary.

SKY Internet reserves the right to deny any requests for but not limited to personal data/information, port numbers, caller-ID numbers to its subscribers especially in cases of network, services and security abuse.

Provision of the SKY Internet service is on an "as is", "as available" basis without warranties of any kind, either express or implied, including but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose.

SKY Internet does not warrant that the service shall be uninterrupted or error-free, nor does it make any warranty as to the accuracy, reliability or content of any information, service or merchandise provided through Subscriberís access to the Internet service.

SKY Internet assumes no responsibility and liability for any content on the Internet other than what is developed and published on the Worldwide Web by SKY Internet.

However, SKY Internet will cooperate fully with any officially recognized law enforcement body to the best of its capability when required to do so by force of law. -- top


3 - General Conduct
SKY Internet offers unrestricted "attended" access to the Internet, for its users. The running of Client modules (i.e. email programs) that create usage activity from Dial-Up accounts, when no user is present is prohibited. This usage keeps connections and resources active without a user being present and does not release SKY Internet resources for use by other users. When SKY Internet detects these "repeating" modules, the connection will be immediately terminated. Repeated offenses of this nature will cause notification to be given to the User. An unresolved repeated offense is cause for SKY Internet to terminate an account. If you have requirements for dedicated or extended connection to the Internet, please contact helpdesk@skyinet.net for information on how this may be accomplished.

Users are prohibited from transmitting on or through any of the SKY Internet services, any material that is, in SKY Internet 's sole discretion, unlawful, threatening, abusive, libelous, hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law.

SKY Internet services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of the Republic of the Philippines or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. SKY Internet reserves the right to remove such illegal material from its servers.

The user is responsible for keeping his billing data with SKY Internet up-to-date and accurate. Furnishing false data upon signup, contract, or online application, including fraudulent use of credit card numbers, are grounds for immediate termination, and may subject the offender to civil or criminal liability.

The resale of SKY Internet products and services is not permitted, unless specifically authorized and documented in a written agreement. Send your queries and requests to sales@skyinet.net or to reseller@skyinet.net. -- top


4 - Systems and Network Security
Users may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). This includes, but is not limited to, accessing data not intended for the User, logging into a server or account the User is not expressly authorized to access, or probing the security of other networks and that of SKY Internet (such as running security scanning programs and similar tools).

Users may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host via "nuking" programs of any form.

Users may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's Internet session, via any means, locally or by the Internet.

Users who violate systems or network security may incur criminal or civil liability and subscription may be suspended and/or discontinued immediately as seen fit. Offending user's subscription charges will still be billed accordingly. SKY Internet will cooperate fully with investigations of violations of systems or network security at other sites and that of its own, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. -- top


5 - Dialup Accounts
One login may access the account from various sites concurrently and be billed accordingly, exclusive of the monthly dues.

Users are prohibited from excessive consumption of resources, including CPU time, memory, disk space, and session time. The use of resource-intensive programs, which negatively impact other system users or the performance of SKY Internet systems or networks is prohibited, and SKY Internet staff may take action to limit or terminate such programs. If you have requirements to use high resource utilization programs, please contact support@skyinet.net for assistance on how SKY Internet can accommodate your requirement, without degradation of service.

Password security is the responsibility of the individual user.

Users may NOT share passwords or accounts with others.

Regular password change is advised for security purposes.
Use our Web-based utility located at the SKY Internet homepage.

Good passwords should be at least six characters long, contains at least one number or symbol, and are not based on any dictionary word or common name.

Users are fully liable for all charges against their account including but not limited to charges resulting from unauthorize use of their account until such time SKY Internet is notified in writing of any possible security breach, which is subject to investigation.

SKY Internet does not know or have a list of your password, if you have forgotten your password or need it changed, SKY Internet can assign a new password or reset your password upon the presentation of a written request or appearing personally at our office. -- top


6 - Basic Internet Services

Email
Harassment, whether through language, frequency, or size of messages, is prohibited.

Users may not send email to any person who does not wish to receive it. If a recipient asks to stop receiving email, the user must cease to send that person any further email.

Users are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "Spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.

Malicious email, including but not limited to "mail bombing" (flooding a user or site with very large or numerous pieces of email), is prohibited.

Forging of header information in any deceitful manner is not permitted.

SKY Internet accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Acceptable Use Policy or the Acceptable Use Policy of that other provider.

As the primary account holder, you are responsible for all account activity. If a Secondary mailbox or mailbox alias is involved in a violation of the Acceptable Use Policy, your account, including all Secondary mailboxes and mailbox aliases may be terminated. A terminated account will result in lost email and Internet access for all users of your account. Therefore, it is important that you make sure everyone you allow to use your account or a Secondary mailbox or mailbox alias understands all terms of this Acceptable Use Policy and the consequences of violations. -- top

Personal Home Page
You are solely responsible for any information contained on your personal home page. However, if complaints are received regarding language, content or graphics contained on your personal home page, SKY Internet may, at its sole discretion, remove the personal home page hosted on SKY Internet servers and terminate your personal home page service.

You may not use your personal home page site to publish material, which SKY Internet determines, at its sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings.

Unlawful content is that which violates any law, statute, treaty, regulation, or lawful order. This includes, but is not limited to: obscene material; defamatory, fraudulent or deceptive statements; threatening, intimidating or harassing statements, or material which violates the privacy rights or property rights of others (copyrights or trademarks, for example).

Indecent content is that which depicts sexual or excretory activities in a patently offensive matter as measured by contemporary community standards.

Objectionable content is otherwise legal content with which SKY Internet concludes, in its sole discretion, it does not want to be associated in order to protect its reputation and brand image, or to protect its employees, shareholders and affiliates. -- top

USENET
SKY Internet provides an uncensored newsfeed. As such, SKY Internet does not control the content of the newsgroups available to its users. SKY Internet is not responsible for the content of any USENET posting, whether or not a SKY Internet user made the posting.

Postings to USENET newsgroups must comply with the written charters or FAQs for those newsgroups. Advertisements should only be posted in those newsgroups whose charters/FAQs explicitly permit them. The poster is responsible for determining the etiquette of a given newsgroup, prior to posting to it.

Users are prohibited from posting the same or similar message to large numbers of newsgroups (excessive cross posting or multiple posting, also known as "USENET Spam").

Users are prohibited from posting binary files to newsgroups not specifically named for that purpose.

Users are prohibited from canceling or superseding posts other than their own, with the exception of official newsgroup moderators performing their duties.

Users are prohibited from forging header information. This includes attempting to circumvent the approval process for posting to a moderated newsgroup.

A user may not solicit mail for any other address other than that of the use's SKY Internet account or service, with the intent to harass or collect replies after SKY Internet service has been terminated. -- top

IRC (Internet Relay Chat)
E-mail helpdesk@skyinet.net for copy of SKY Internet IRC Acceptable Use Policy. -- top


7 - Consequences for Violation
This Acceptable Use Policy (AUP) will serve as the last and final warning.
Restriction on and/or revocation of all privileges for a specific period of time.
Termination of service.
Referral to civil authorities for prosecution.
-- top


8 - Help and Assistance
If you have any question regarding the SKY Internet Acceptable Use policy, e-mail the helpdesk@skyinet.net or call 411-2000. Refer to our points of presence section for local helpdesk numbers in Baguio, Cebu. Davao, Iloilo, Laguna, Tacloban, Naga, Gensan and Agusan. -- top