SKYQ INTERNET'S TERMS OF SERVICE
Your use of the skyQ Internet Service constitutes acceptance of our Terms of Service. The Terms of Service is comprised of the Terms of Service Agreement ("TOS") and the skyQ Acceptable Use Policy ("AUP"). We ask that you read these documents carefully. Remember, your use of the skyQ Service is conditioned upon your continued acceptance of and compliance with the TOS and the AUP. Please familiarize yourself with these important rules and policies.
skyQ Internet ("skyQ") provides its service to you as a registered Member or authorized user ("Member" or "you"), subject to the terms of this Agreement and the AUP. Both of these documents are binding agreements and we shall refer to them collectively as "TOS". The TOS comprises the entire agreement between skyQ and you, superseding any prior agreements between you and skyQ with respect to its subject matter.
1. YOUR ACCOUNT INFORMATION
A. You certify that YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You agree to provide skyQ with accurate, complete, and updated registration information. Failure to do this constitutes a breach of this agreement and unauthorized access to skyQ. Unauthorized access to skyQ could result in immediate termination of your account and subject you to civil and criminal liability. Unless you have prior written authorization from skyQ, you may not register for additional accounts.
B. By registering as a Member, you will receive a password, an account and choice of an associated sign-on name, and the ability to have additional accounts. You may not select or use a sign-on name of another person, a name in violation of a third party's property rights, or a sign-on name that skyQ deems offensive or otherwise inappropriate. skyQ owns all sign-on names and licenses them to you. Additionally, you may not use your sign-on name in violation of the TOS or in a manner skyQ deems inappropriate (e.g., sending or causing to be sent mass email solicitations). skyQ reserves the right to delete any such sign-on name or to request deletion.
C. You are entirely liable for all activities conducted through your account. A Member may permit another individual-- including a minor-- to use the Member's account subject to Member'supervision and with Member's assumption of all resulting liabilities. Because skyQ'sends important notices about your membership to the account holder, you agree to check the account regularly and bear the risk of failing to do so.
D. Members who have had their skyQ membership terminated may not access skyQ without skyQ's prior express written permission (including email). Members may not allow a former Member or other agent whose membership has been terminated to use their account. For additional information on re-registration and multiple accounts, see Section 11 below.
2. CHARGES AND BILLING PRACTICES
A. You may obtain current rates and surcharges for using skyQ by calling skyQ's Customer Service at 916-780-7566 or by viewing our website. Billing rates do not include any sales, use, value-added, personal property, or other governmental tax or levy imposed on goods or services billed to Members account. You are responsible for any such taxes.
B. If you have elected to pay for skyQ by credit card and skyQ does not receive payment from the card issuer or its agents, you agree to pay all amounts due upon demand by skyQ. Each time you use skyQ you agree and reaffirm that skyQ is authorized to charge your designated card. Your card issuer agreement governs your use of your designated card in connection with skyQ, and you must refer to that agreement and not this TOS with respect to your rights and liabilities as a card holder.
C. If skyQ does not receive the full amount of your skyQ account balance within ten (10) days of an activated account, the account may be terminated at skyQ's discretion. You agree to be billed for and agree to pay any outstanding balance in the event of cancellation or termination of your skyQ account. Unless you notify skyQ of any discrepancies within ninety (90) days after they first appear on your account statement, they will be deemed acceptable by you for all purposes, including resolution of inquiries made by your card issuer. You release skyQ from all liabilities and claim of loss resulting from any error or discrepancy that is not reported to skyQ within ninety (90) days of its publication. If account is put on hold due to non-payment, you are still responsible for paying monthly fees accrued during account suspension. A $25 fee applies to all returned checks, and credit card disputes or chargebacks.
D. SKYQ RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS FEES AND BILLING METHODS, INCLUDING ADDITIONAL OR SUPPLEMENTAL FEES FOR SERVICES PROVIDED BY SKYQ. SKYQ MAY ALSO ELECT, AT ITS DISCRETION, TO SUPPLEMENT SUCH NOTICE OF BILLING CHARGES THROUGH E-MAIL TO YOUR ACCOUNT OR THROUGH THE U.S. MAIL TO THE ACCOUNT HOLDER.
If any such change is unacceptable to you, you may terminate your membership as provided in Section 11 below. Your continued use of skyQ following the effective date shall constitute your acceptance of such change. Your membership fees are payable in advance and are not refundable in whole or part.
E. You are responsible for all charges associated with connecting to skyQ. YOU AGREE THAT ANY TELEPHONE CHARGES INCURRED ARE YOUR RESPONSIBILITY. DEPENDING ON YOUR PARTICULAR LOCATION, THE NEAREST ACCESS NUMBER MAY NOT BE A LOCAL PHONE CALL AND YOU MAY BE SUBJECT TO LONG DISTANCE CHARGES. You should check with your local phone company to determine whether any specific access number is a local call. If you access skyQ from certain access numbers, you may be assessed communication surcharges on your skyQ bill. These apply even if you are using an unlimited access plan. You are responsible for all activities and charges under your sub-account(s), including any unauthorized charges to your account.
3. DIALUP USAGE
A. USAGE. skyQ's dial up accounts are flat-rate for normal and reasonable metered usage. As the previous sentence says, there are reasonable limitations on this usage. Those limitations are spelled out here and in the skyQ AUP. If the Member is continuously using the skyQ'system, by means of continuous manual key stroking activity, then the usage is unlimited, in the traditional sense of the word. But if the Member's session is idle for certain periods of time, skyQ reserves the right to terminate the session. Please see the AUP for more details.
B. CONCURRENT DIAL UPS. Only one simultaneous dial-in per account. This means that you may not use more than one of skyQ's modems at the same time. If you are found logged in more than once over a modem connection, we will assume that your password has been compromised and will immediately suspend your account. CONCURRENT USAGE. skyQ'strictly prohibits more than one concurrent dial up connection per account unless otherwise agreed, concurrent usage serves as grounds for termination of Customer's account without a refund.
C. DISK ALLOTMENTS. Customers are allocated twenty megabytes of disk space for their home directory/web/ftp space.
D. EMULATORS, IRCs, MUDs, AND OTHER SERVERS. IRCbots or servers may not be run on skyQ's system, except with the prior explicit permission of the administrators. Bots found running will be terminated, files associated with them may be deleted. Only one IRC session per user per session on the UNIX shell. Idle IRC sessions on the shell will be terminated. MUDs may not be hosted on our system. The use of SLIP or PPP emulators on the UNIX shell is not allowed.
E. BANDWIDTH/CPU USAGE. You may make whatever material you like available for FTP or WWW as long as it is legal and it does not generate traffic in excess of 17 Megs per day. skyQ does not allow hosting or storing of any adult-oriented materials here. If your Internet site suddenly takes up inordinately large amounts of bandwidth, we retain the right to restrict access to it for such interval as we deem necessary to maintain availability of bandwidth for all users. Similarly, your actions/processes may not consume an unreasonable amount of system resources/CPU cycles.
4. DSL USAGE
A. GENERAL PRICING AND FEES. skyQ's prices are available on our website and you (the "Member") will be charged based on the plan and services you select during the ordering process. A member who chooses a month-to-month plan (a "Monthly Subscriber") will pay the monthly price(s) listed on our website. Monthly prices are subject at any time to increase to skyQ's then current prices. A member who chooses a one year contract plan (an "Annual Subscriber") will pay the monthly price(s) listed on our website corresponding to the plan and services chosen by such annual subscriber at the time of order. Prices for annual subscribers are guaranteed for the initial twelve (12) month term. After that term, an annual subscriber will automatically become a monthly subscriber and will pay skyQ's then current prices, which are subject to increase as described above, unless the member registers for a new one year term. Subscribers may upgrade or downgrade their DSL service to other plans during their one year term. Upon change of plan, subscriber may select to either 1) continue current term to completion at skyQ's then current month-to-month prices, in which case the subscriber will continue to be subject to the terms and conditions of this agreement for the remainder of the term or 2) start new one year contract, in which case the new one year term will start on date of upgrade.
In addition to regular fees, member agrees to pay all other charges, including but not limited to applicable taxes, network usage and surcharges, including charges imposed against skyQ by third party vendors that it passes on to the member. These taxes and surcharges may change on a monthly basis; any variations will be reflected in the member.s monthly charge. When possible, skyQ will break out these charges on the member.s monthly invoice. The member may change their plan speed at any time. A fifty dollar ($50.00) downgrade fee will be applied to an AT&T subscriber who downgrades their speed. A fifty dollar ($50.00) fee will apply to any member who switches from a static IP to a dynamic IP service. Promotional packages are only available to first time skyQ members.
B. TERM. This agreement is effective upon Member's acceptance as explained above and will continue until terminated by Member or skyQ pursuant to this agreement. Each Monthly Subscriber is on automatically renewing monthly terms beginning on their bill date. An Annual Subscriber is on a twelve (12) month term beginning on their bill date. An Annual Subscriber who upgrades or downgrades service to a month-to-month rate during their initial twelve (12) month Term pursuant to section A shall continue to be on the same twelve (12) month term. An Annual Subscriber who upgrades or downgrades service to a new one year contract during their initial twelve (12) month term pursuant to section A, shall begin a new initial twelve (12) month Term effective the date of such upgrade. Following the initial twelve (12) month term, an Annual Subscriber will automatically become a Monthly Subscriber. If an Annual Subscriber cancels during an annual term (or a Member who has upgraded or downgraded and has not yet completed their original twelve (12) month term), they agree to pay all fees and other charges due as well as a two hundred dollar ($200) early termination fee. If their reason for cancellation is for a service related reason not caused by the Member and skyQ has failed to resolve the issue after what skyQ determines in its discretion is a reasonable amount of time, the Member is entitled to having the early termination fee waived. For the Member to be eligible for the waiver, they must include in their cancellation request written details of the situation. skyQ must be given the opportunity to resolve the issue to the Member's satisfaction and the Member must be willing to troubleshoot with skyQ and be available for possible technician dispatches to the service location. Cancellation of phone service is not considered a cancellation request and terms will still apply.
C. DSL MODEM REBATE FORM. The rebate is only available to first time residential, non-static IP skyQ DSL customers. A charge for a modem ($49.95) or a wireless modem ($99.95) will appear on member.s first bill. The rebate is a $49.95 credit to be applied towards member.s account. Member is eligible after sixty (60) days of service and only if account is current. Rebate form is available at skyQ's website. Rebate form must be postmarked within 90 days of service activation. Rebate may not be assigned, transferred, or sold. One rebate is allowed per DSL line. Only customer who opt in for a twelve (12) month term are eligible for equipment rebates.
D. SERVICE INSTALLATION. Purchase of local phone service from an AT&T incumbent local exchange carrier required for service. The first available installation date will be selected unless otherwise requested by Member. Installation dates are estimates and are not guaranteed. Members understand and agree that certain circumstances may arise which delay a Member's estimated installation date and any such delay cannot be considered a breach of this agreement by skyQ. Payment for Member's initial month of service (and if applicable: setup fees, installation fees, and equipment) must be received prior to Member's turn-on date in order that service is not suspended upon activation. If payment is not received by the turn-on date, Member is responsible for the service fees even though service may be in a suspended state. For correct DSL use, a Member's computer must be equipped with an Ethernet Network Interface (NIC) card. These are not included with modem package, but are available for purchase upon request. Service is designed to be self-installed. By default, service is provided to the minimum point of entry to the house. Inside wiring is the responsibility of the Member and does not negate the terms of this agreement. Upon request, professional installation is available for a two hundred dollar ($200) fee. Professional installation includes set up of modem and inside wiring if necessary. It does not include configuration of Member's computer. skyQ is not responsible for Member'supplied modems. A malfunctioning Member's modem or equipment does not relive them from any obligations of this agreement for any reason.
E. MAINTAINING CURRENT TELEPHONE SERVICE. DSL service shares the Member's current telephone line and service. It is the Member's sole responsibility to maintain the phone line and phone number of original installation in continuous working order with the local phone company in order to receive the DSL service. A Member who disconnects their telephone service remains responsible for monthly service fees, early termination fees and all other fees and other obligations as stated in this agreement. There is a fifty dollar ($50.00) transfer fee that applies to a Member who changes their phone service. Changes include, but are not limited to, a change of service location, phone number, or phone line. There will be downtime during reestablishment of service.
F. CONNECTION SPEED. DSL speeds depend upon the Member's plan and phone line capabilities (e.g., condition of line, loop length, and gauge of copper wire). The stated maximum speed for ADSL is under optimal conditions and may vary significantly. DSL speeds are subject to a 20% overhead (e.g., 1500k stated speed = 1500k times 80% throughput = 1200k actual speed). Minimum speeds based on the plan.s listed minimum speed minus 20% overhead (e.g., 512-3000k stated speed = 512k times 80% throughput = 410k actual speed.) Actual speeds that meet 80% of the minimum throughput are considered acceptable. Throughput speeds are not guaranteed; all services are provided on an AS IS basis.
G. IP ADDRESSES. Each Member is allowed one (1) computer device per IP address. These IP addresses are not the property of the Member. Upon expiration, cancellation or termination of this agreement, a Member must relinquish any address blocks or IP addresses assigned to them by skyQ. skyQ may choose to assign new IP addresses at any time and Member is responsible for any required end user changes.
H. PORT FILTERING. A port 25 (outgoing mail) filter is applied to all Members to prevent against spam being generated from skyQ's network. Members who wish to have the filter removed in order to run a mail server may do so by contacting skyQ Support. By registering a mail server with skyQ, Member agrees to the terms and conditions listed in skyQ's AUP. In addition, skyQ will periodically scan port 25 on Member's DSL line to ensure the mail server is not an open relay. If skyQ finds an open relay on Member's mail server, the port 25 filter will be reinstated and a notification sent to Member's primary account email. skyQ reserves the right to block any port without prior notice to protect skyQ's network and its Members from potential virus attacks spreading over a particular port.
5. THE INTERNET
skyQ is an Internet Service Provider that allows access to the Internet, but is not the Internet. skyQ does not control the content, services, or areas available through the Internet (with minor exceptions, such as the skyQ home page), and providers of Internet sites or services have separate data and privacy practices independent of skyQ. The Internet is not owned, operated, or managed by skyQ or any of its affiliates. You agree that your Internet use is solely at your own risk and is subject to all applicable local, state, national, international and foreign laws and regulations. Neither skyQ, its affiliates, nor telecommunications providers for skyQ, shall be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, goods or services available through the Internet, or your inability to access the Internet or any of its sites.
6. CUSTOMER INFORMATION
We maintain the following types of identity and billing information: your name, street address, telephone number(s), length of membership, and payment information. We may keep information on your communications with our Customer Service department, and general account history, such as accumulated usage credits or written complaints relating to your account. We safeguard individual information from unauthorized access and only authorized employees or agents who need to carry out legitimate business functions are permitted access to Members Individual Information. Employees who violate skyQ's privacy policies are subject to disciplinary actions, including termination where appropriate. We may use agents, who are bound by strict confidentiality guidelines, to perform storage, processing, and other limited functions on skyQ's behalf.
7. SKYQ SOFTWARE LICENSES
skyQ grants to you a non-exclusive, limited license to use skyQ'software to connect to skyQ from authorized locations in accordance with this agreement. This license is subject to the restriction that, except where expressly permitted by law, you may not translate, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works from skyQ'software. You may not modify skyQ'software or use it in any way not expressly authorized in these Terms of Service.
MEMBER EXPRESSLY AGREES THAT USE OF SKYQ, SKYQ SOFTWARE, AND THE INTERNET ARE AT MEMBER'S SOLE RISK. SKYQ, SKYQ SOFTWARE, AND THE INTERNET ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR PERSONAL USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SKYQ PROVIDES THE SKYQ SERVICE ON A COMMERCIALLY REASONABLE BASIS AND DOES NOT GUARANTEE THAT MEMBERS WILL BE ABLE TO ACCESS THE SERVICE AT A TIME OR LOCATION OF THEIR CHOOSING. SKYQ's ENTIRE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO USE OF SKYQ, SKYQ SOFTWARE, AND THE INTERNET SHALL BE THE REPLACEMENT OF ANY SKYQ SOFTWARE FOUND TO BE DEFECTIVE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, SKYQ.S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. SKYQ DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED THROUGH SKYQ, EXCEPT AS EXPRESSLY PROVIDED ELSEWHERE, AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
Upon skyQ's request, Member agrees to defend, indemnify and hold harmless skyQ, its affiliated companies, telecommunications providers, and ICPs from all liabilities, claims and expenses, including attorneys fees, that arise from breach of the TOS by use of, or in connection with, the transmission of any content on skyQ or the Internet by or through Members account or sub-accounts. skyQ reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by Member hereunder. In such event, Member'shall have no further obligation to provide indemnification for such matter.
Either you or skyQ may terminate your membership at any time. This is your sole right and remedy with respect to any dissatisfaction with skyQ, including, but not limited to, (1) any TOS term, or policy or practice of skyQ or (2) any amount or type of fees, surcharges, or billing methods, or change therein.
A. Upon termination of an account, skyQ will not grant any pro-rated refunds on any unused or prepaid services. To insure no information is lost, be sure to obtain a copy of all information you are wanting to save. This includes any emails, files, webpages, FTP data, etc. that may be stored on skyQ servers prior to submitting a cancellation request. Once a cancellation request is received by skyQ, the service will become inactive and all information or data will be lost and non-recoverable. In the event of a DSL cancellation, the process can take up to 3-5 business days to process after skyQ receives notification. You will be responsible for all fees and surcharges incurred during this time. You can terminate your membership by:
1) Calling skyQ Internet at (916) 780-7566.
2) Sending your cancellation request via US mail to:
B. If your account is terminated or canceled by skyQ, no refund, including any membership fees, will be granted; no online time or other credits will be credited to you or can be converted to cash or other form of reimbursement. Members whose accounts skyQ has terminated may not access skyQ without skyQ's prior express written permission. Active skyQ Members may not allow former Members or other agents whose memberships have been terminated to use their accounts. Any delinquent or unpaid accounts must be concluded before you may re-register with skyQ.
C. skyQ does not monitor the usage and activity of your service. The absence of activity will not be grounds for a service to be terminated by skyQ, and no refunds will be granted due to inactivity. If you fail to notify us of your wish to cancel, you will be responsile for any and all charges incurred during this time until the account termination has been completed regardless of the amount of usage of the service.
For any accounts classified as having delinquent invoices, skyQ reserves the right to submit the accounts to a third-party collections agency in attempt to collect the ballance owed on the account. For accounts that are referred to a third-party collections agency, a processing fee of will be assessed in addition to any outstanding service fees you may have already incurred. You will be responsible for any and all collections cost associated with this, including any resonable attorney costs.
A. To the extent any conflict between this Agreement and the AUP exists, this Agreement shall take precedence. If any part of the TOS is held invalid or unenforceable, that portion shall be construed consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions remain in full force and effect. The laws of the State of California excluding its conflicts of laws rules, govern the TOS and your membership. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement. Member conduct may be subject to other local, state, and national laws. Member expressly agrees that exclusive jurisdiction for any claim or dispute resides in the courts of the State of California. Member further agrees and expressly consents to the exercise of personal jurisdiction in the State of California in connection with any dispute or claim involving skyQ.
B. You agree to abide by U.S. and other applicable export control laws and not to transfer, by electronic transmission or otherwise, any software subject to restrictions under such laws to a national destination prohibited under such laws, without first obtaining, and then complying with, any requisite government authorization. You further agree not to upload to or through skyQ any data or software that cannot be exported without prior written government authorization, including, but not limited to, certain types of encryption software. This assurance and commitment shall survive termination of this agreement. Control laws currently prohibit the export of the 128-bit version of any browser, including Internet Explorer, available through skyQ. Control laws also prohibit nationals of Cuba, Iran, Iraq, Libya, North Korea, Sudan and Syria from gaining access to certain content on skyQ.
skyQ Internet reserves the right to revise, amend, or modify this TOS and other documents at any time. Notice of any revision, amendment, or modification will be posted on our website. You agree to review the TOS periodically to be aware of such changes. If any change is unacceptable to you, you may terminate your membership as provided in Section 10 of our TOS. Your continued use of skyQ constitutes acceptance of all such changes.