ACCEPTABLE USE POLICY
Skymesh, Inc (“Skymesh”) may only be used for lawful purposes. It is assumed that any use or continued use of Skymesh’s Internet Service is in accordance with this Acceptable Use Policy (“AUP”). Skymesh reserves the right to deny Service to you, or to immediately terminate your Service for any material or perceived breach if your use of the Service (or your use of an alias or the aliases of additional users on your account), whether explicitly or implicitly, and at the sole discretion of Skymesh, is obscene, indecent, pornographic, sadistic, cruel or racist in nature or of a sexually explicit or graphic nature; or espouses, promotes or incites bigotry, hatred or racism; or might be legally actionable for any reason; or is objectionable for any reason; or in any manner violates the terms of this AUP as defined.
1. Intellectual Property
Skymesh respects the intellectual property rights of third parties, including those granted under U.S. copyright laws, and the interests of its subscribers and content providers on the Internet. Transmission of any material in violation of a federal or state law, rule or regulation is prohibited. This includes, but is not limited to, copyrighted material, material legally judged to be threatening by local community standards, or material protected by trade secret. Therefore, you may not store material of any type or in any format on, or disseminate such material over Skymesh’s Network in any manner that constitutes an infringement of third party intellectual property rights, including rights granted under U.S. copyright laws. In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Skymesh to terminate, in appropriate circumstances, the Service provided to any Customer or account holder who is deemed to infringe upon third party intellectual property rights. Appropriate circumstances may exist where a Customer or account holder has been found by a court of competent jurisdiction to have infringed upon the copyrights of a third party on two or more occasions (e.g., repeat infringer); or a Customer or account holder has entered into an agreement acknowledging wrongdoing to settle a claim of copyright infringement and subsequently uses Skymesh’s Service to violate the term of that agreement by engaging in copyright infringement or to otherwise engage in conduct that is found by a court of competent jurisdiction to constitute copyright infringement; or where a valid, effective and uncontested notice has been provided to Skymesh alleging facts which are a violation by the Customer or account holder of Skymesh’s policy prohibiting infringing activity involving Skymesh’s Network; or in other cases of repeated flagrant abuse of access to the Internet (e.g., willful commercial piracy or malicious attempts to destroy the value of copyrighted works). Skymesh expressly reserves the right to terminate or suspend the Service of any Customer or account holder if Skymesh, in its sole judgment, believes that circumstances relating to the infringement of third party intellectual property rights warrant such action.
2. Not for Resale
Skymesh does not allow you to resell Skymesh Internet Service or engage in activities that constitute as a resale, (e.g. sharing the internet with your neighbors, etc), as determined solely by Skymesh. The resale or re-distribution of Skymesh Internet Service or any other associated services by any and all means is strictly prohibited without prior written consent.
3. Use of IP Addresses
Skymesh allows you to connect multiple computers within a single home or business location to your Internet Service via a local router, either by a single or multiple IP addresses obtained from Skymesh. However, all IP addresses, whether assigned static or dynamically, are the sole property of Skymesh, (except in a case where Skymesh is announcing a Customer’s own IP addresses in our BGP routers to our upstream provider(s) as authorized by a Letter of Authorization (“LOA”) from the Customer).4. Unlawful Use Any unlawful use of this Service may result in immediate termination of the Service without prior notice. Skymesh reserves the right to cooperate with law enforcement and other authorities in investigating claims of illegal activity including, but not limited to, illegal transfer or availability of copyrighted material, postings or email(s) containing threats of violence or other illegal activity, transmission of illegal pornographic material (e.g. child porn, etc), or any other activity deemed illegal by federal or state law.
5. Hold Harmless
All users of the Service agree to indemnify and hold harmless Skymesh, its affiliates, employees, officers, directors and suppliers from any claims resulting from your use of the Service which damages you, an affiliate, or any another party for any damages resulting from our cooperation with law enforcement agencies.
6. Limitations of Use
Your use of the Internet and the Service, without limitation, is your sole responsibility, is to be used solely at your own risk, and is subject to all applicable local, state, national and international laws and regulations. The Internet is not owned, operated, or managed by, or in any way affiliated with Skymesh, and Skymesh cannot be held responsible and has no control over the information or materials accessible through use of the Service. Furthermore, Skymesh does not own or control all of the various facilities and communications lines through which access may be provided, nor does Skymesh guarantee access to or through websites, servers or other facilities on the Internet, whether or not such facilities are owned or controlled by Skymesh. Skymesh cannot and does not guarantee that the Service will provide Internet access that meets your needs due to the rogue or uncontrolled nature of the Internet as a whole. By default, content filtering is enabled on all Services to limit and block known malware content, access to known illegal dark web sources, and sexually explicit websites. These cybersecurity and family friendly content filters CAN BE disabled upon request.
Regardless of Skymesh’s built-in web security content filters and through your use of the Service, you agree and acknowledge that you may have access to information which may be sexually explicit, obscene or offensive, or otherwise unsuitable or objectionable, especially for children under the age of eighteen years old. As such, you agree to supervise usage of the Service by any minors who use your account to access the Service. Skymesh is not responsible for access by any users, you, or minors, to objectionable or offensive information or data.
Additionally, even with the built-in content firewall which enables cybersecurity counter measures, you agree that Skymesh cannot and does not guarantee or warrant that data available for downloading through the Service will be free of defects, infection or viruses, worms, Trojan horses, or other code that manifests contaminating, malicious or destructive properties. You are responsible for implementing adequate cybersecurity procedures and software to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the Service for the reconstruction of any lost data.
7. Internet Security
It is to be understood that the Internet, as a worldwide network, is not a secure network and third parties may be able to intercept, access, use or corrupt the information you transmit or receive over the Internet. Skymesh is not responsible for invalid destinations, transmission errors or corruption or security of your data. Data can be, and often is, viewed by third parties. Any information of a private or confidential nature should either not be placed on the network or system, or if it must be, then you are solely responsible to take steps to protect and ensure such information is secure using appropriate encryption technology. You are responsible for deployment and maintaining cybersecurity procedures or software as you deem appropriate to protect your information (e.g. logon security and encryption of data, user ID and password information) for your system(s), network switches/ router(s), and/or firewalls. Skymesh specifically denies any responsibility for Internet security associated with the Service or any protected personal data that may be stored in Skymesh’s facilities or any other Cloud based facilities, accessed via the Skymesh Network. Skymesh cannot be held responsible for cybersecurity breaches that may result in Customer data loss.
It is recognized that the Internet may contain viruses or other harmful programs which may, if not eliminated, destroy parts or all of the data contained in your computer. Skymesh has no control over these programs. It is also recognized that a person or persons on the Internet may attempt to access your computer or data on your computer without your permission while you are online. Skymesh has no control over these people. You are personally responsible to deploy cybersecurity software and procedures to protect your computer system(s) from being accessed or viruses and other harmful programs and ensuring your computer system is not being used for unauthorized access.
8. Suspension / Service Termination
Skymesh reserves the right to monitor the activities of any account or user of the Service that are adversely affecting Skymesh services or customers, which in turn, may lead to suspension or termination of the Service. If, at the sole discretion of Skymesh, you are in breach of any of the terms of this Acceptable Use Policy, including but not limited to all policies regarding abuse and acceptable use of the Service; or if your use of the Service is prohibited by law or is disruptive to, adversely impacts, or causes a malfunction of the Service, Skymesh’s network or the use and enjoyment of other users; or if Skymesh receives an order from a court to terminate your service; or if Skymesh for any reason ceases to offer the Service, then Skymesh, at its sole election may terminate or suspend your Service immediately without notice. Notwithstanding the foregoing, Skymesh may immediately suspend Services and, after giving notice to Customer with an opportunity to respond appropriately to the circumstances and Customer’s failure to respond, Skymesh may terminate any or all Services, retrieve Skymesh Network equipment from the service location, in the following circumstances: (i) in the event of unauthorized, unlawful or improper use or abuse of the Skymesh Network or Service; (ii) if, in the reasonable judgment of Skymesh, Customer’s use of the Skymesh Network or Service has or will damage or have an adverse effect on Skymesh’s Network, its personnel, property or service; (iii) such action is necessary to meet the exigencies of an emergency; or (iv) a court or other governmental authority having jurisdiction issues an order prohibiting Skymesh from furnishing the Equipment or Services to Customer.
9. Personal / Billing Information
It is your responsibility to keep Skymesh informed and notified promptly whenever your personal or billing information changes. Personal and billing information will be maintained in accordance with our Privacy Policy.
10. Use and Responsibilities
All use of your Service, account, and any secondary accounts or sub-accounts registered to your primary account are your sole responsibly. This means that you accept full liability and responsibility for the actions of anyone who uses the Service via your account, or any secondary accounts, with or without your permission. Minors who use the Service are assumed to have parental or guardian consent to do so.
Skymesh, Inc.
35 Marybill Dr.
Troy, Ohio 45373
Fax: (937) 339-6432
Email: [email protected]
Online Portal: https://portal.theskymesh.co
