1.2 Skytel Networks Ireland Ltd customer care number is 1890 886 005
1.3 Skytel's tariffs for the Service(s), as amended from time to time, also form part of the Agreement. We reserve the right to alter such tariffs and shall notify the Customer of any increase in price by notice in writing and/or via national newspapers and/or on the customer bill 5 days in advance of the effective date.
1.4 You shall be charged monthly in advance for usage of the Service(s). Applicable Value Added Tax shall be stated clearly in the bill. As some usage takes longer to rate, you may be billed for charges incurred in a prior billing period. Skytel reserve to change this if required.
1.5 All sums due to us shall be paid in full by you in advance by Direct Debit from your bank account, credit card, laser. Direct debit sums due are variable, and normally fall due on 20th of each month, however these dates may vary from time to time.
1.6 Should you disagree with any charges shown on your bill, you are requested to write or phone us before the date that payment is due. If the charges are incorrect, we shall amend and re-issue the bill with a new date for payment. Otherwise the full amount remains due.
1.7 Other than in a case of manifest error by Skytel, all charges shall be calculated by reference to the data recorded or logged by Skytel. Skytel's determination in respect thereof is final.
1.8 For the avoidance of doubt, you shall continue to receive a bill from your Access Provider for line rental and any other services not covered by the Agreement.
1.9 Customers applying to pay for use of the service by Credit Card may have an amount not exceeding €175 authorised by Skytel Networks Ireland Ltd against their available credit limit on their credit card account prior to use of the service. Only the actual amount due as detailed in advance on the customer's bill will be deducted from the cardholder's account.
1.10 Skytel Networks Ireland Ltd reserves the right to charge customers an additional €20 for unpaid direct debits.
2 Use of the Service - General
2.1 The Customer undertakes not to use the Service:
2.1.1 for any improper, immoral or unlawful purpose, nor cause any nuisance by the use of the Service, nor allow others to use the Service for any of the foregoing purposes; or
2.1.2 for the transmission of any material which is, may be or is intended to be a hoax or is of a defamatory, offensive, abusive, obscene or menacing nature; or
2.1.3 for the infringement of intellectual property rights or trade secrets of another party; or
2.1.4 for the processing of automated personal data as defined in the Data Protection Act, 1988.
2.2 You shall ensure that all persons having access to the Service comply with the terms and conditions herein stated.
2.3 You shall comply with all reasonable instructions given to you by us in relation to the use of the Services.
2.4 You shall inform Skytel of change of name, address and/or telephone number.
2.5 You shall indemnify and hold us harmless against all liabilities, claims, damages, losses, expenses and proceedings howsoever arising from or in any way connected with the use of the Service.
3 Use of Skytel Phone Service – Surcharges/Fair Usage
3.1 Bundle & Save Broadband with traditional line rental. In respect to Unlimited Local, National and UK landline calls - free calls are conditional upon disconnecting before the 60th consecutive minute and re-dialling. Calls lasting longer than 59 minutes are chargeable calls.
3.2 Calls are billed in minute increments
3.3 Fair usage applies. Skytel deems fairs usage to be :
3.3.1 Bundle traditional landline with broadband. Local and National Calls - Not to exceed 8 hours per month
3.3.2 Bundle traditional landline with broadband. UK landline Calls - Not to exceed 8 hours per month
3.3.3 Bundle traditional landline with broadband. Total of Local, National and UK Landline calls shall not exceed 12 hours per month.
3.3.4 Exceeding Fair Usage limits will result in billing at Skytel standard Local, National and UK landline rates.
3.4 Broadband Telephony Pay as you go €6 per month charge for an Irish geographic number
3.5 Broadband Telephony Internatioanl Number charged at additional €6 on the Skytel 1000 package and an additional €12 on the pay as you go package.
3.6 Broadband Telphony €39 equipment chrage for VOIP adapter on all pacakges. Free VOIP equipment for Bundle & Save limted time only, promotion expires 1st September 2010.
3.7 Free International Destinations up to 1000 minutes, calls to landlines only. Countries included in Bundle & Save Broadband Telephony packages are Austria, Belgium, Czech Republic, Denmark, Finland, France, Germany, Greece, Ireland, Italy, Netherlands, Poland, Portugal, Spain, United Kingdom, United States, Australia, New Zealand.
3.7.1 FREE Internatioanal Destinations up to 1000 minutes for limited time only on bundle & save package. Offer Ends 29th September 2010. After Sept 29th 2010, bundle and save option includes 1000 minutes to Irish landlines, and UK landlines only.
3.8 It is prohibited to call premium rate services from your Broadband Telephony phone line. These are services from numbers 1530 / 1540 / 1550 / 1559 / 1560 / 1570 / 1580 (this is not an exclusive list). It is also prohibited to call directory enquire services 11811 / 11850 (this is not an exclusive service)
4 We shall not be liable for any delay, failure, interruption, or deterioration therein, howsoever arising.
4.1 Skytel shall make reasonable efforts to prevent unauthorised access to the Service by third parties but shall have no liability to the Customer for any unauthorised access to the Customer's Equipment.
4.2 We shall not be liable for any loss or damage of any kind caused by the failure of the Service or Equipment due to the incompatibility with the Service of equipment supplied by you. Neither shall any third party, with whom Skytel or any of its Affiliates have entered into arrangements with for the provision of services, networks, equipment, way leaves or rights of passage, have any liability to you, howsoever arising, as a result of the failure, interruption or delay connected with or involving any of the aforementioned.
4.3 We shall not be liable to you or any third party in contract, tort or otherwise for any financial loss whatsoever or for any indirect or consequential loss howsoever arising in relation to the use of the Service or the Equipment or any failure or error or default by us in the provision thereof, or otherwise in connection with this Agreement. Without prejudice to the generality of the foregoing, any and all liability arising under the Sale of Goods and Supply of Services Act 1980 is excluded to the fullest extent permitted by law.
4.4 We shall have no liability under this Agreement for the acts and omissions of other telecommunication operators.
4.5 We shall not be liable for claims arising out of a breach in the security or privacy of messages transmitted using the Service provided by us.
4.6 This Clause 6 shall continue to apply notwithstanding termination of this Agreement.
6. Force Majeure
In the event of Force Majeure, neither party shall be held in breach of its obligations hereunder (except in relation to obligations to make payments) nor be liable to the other party for any loss or damage which may be suffered by the other party due to any cause beyond its reasonable control including, without limitation, any act of God, failure, interruption of power supplies, flood, drought, lightning or fire, strike, lockout, trade dispute or labour disturbance, acts or omissions of Government, highway authorities or other circumstances beyond the control of the parties.
6.1 Skytel may assign this Agreement to an Affiliate or third party without consent.
6.2 The Customer shall not assign this Agreement in whole or in part without the prior written consent of Skytel.
7. No Waiver
7.1 Failure by either party to exercise or enforce any right conferred by this Agreement shall not be deemed to be a waiver of any such right and does not operate so as to bar the exercise or enforcement thereof, or of any such right or any other right on any later occasion.
7.2 Any deficiency in the Customer's authority to avail of the Service or to use the Equipment shall not preclude reliance by Skytel on any of its rights under this Agreement.
8.1 Skytel shall send all notices either to the Customer'se-mail address as provided on registration
8.2 Skytel's address for service of any notice hereunder shall be such address as appears on the last e-mail correspondence rendered to the Customer or www.skytel.ie
8.3 All written correspondence from Skytel shall be deemed served 48 hours after posting or on earlier proof of delivery.
9.1 Skytel will endeavor to use appropriate security measures but accepts no liability with respect to call confidentiality.
10.1 If any provisions of the Agreement are held to be unenforceable, illegal or void in whole or in part the remaining portions of the Agreement shall remain in full force and effect.
10.2 This Agreement shall be governed by and construed in accordance with Irish law and the parties hereby submit to the exclusive jurisdiction of the Irish Courts
10.3 Emergency calls to 112, 911 and 999 will be directed to the emergency services but no guarantee can be made about the reliability of these calls. Customers should especially be aware that power outages are likely to render computer equipment and internet connectivity non-functional and therefore prevent use of the service for emergency calls.
10.4 Broadband telephone services are dependent on the quality of the customer's broadband internet connection and the usage of their service, and thus the quality of the voice services cannot be guaranteed in the event of power outages or other unforeseen circumstances beyond the control of Skytel.
Broadband Terms & Conditions
In this Agreement, unless the context clearly indicates otherwise the following words and expressions shall have the meaning ascribed:
1.1 "Acceptable Usage Policy" means the policy specifying actions deemed unacceptable usage under this Agreement, published on www.skytel.ie and as amended from time to time
1.2 "Agreement" means this Master Subscription Agreement together with the Acceptable Usage Policy;
1.3 "Commencement Date" means the commencement of this Agreement, which shall be the date on which the Service Provider agrees to provide the Service;
1.4 "Equipment" means the equipment and/or any other item to include all fittings, accessories and modifications thereto as well as any additional systems provided from time to time provided as an essential part of providing the Service under this Agreement.
1.5 'Notice Date" means the date 30 (thirty) days after written notice is given to the Service Provider by the Subscriber requesting termination of the Service;
1.6 "Parties" or "the Parties" means the Subscriber and the Service Provider including its assignees;
1.7 "Premises" means the location at which the Subscriber receives the Services and where the Equipment is normally kept;
1.8 "Prime Rate' means a rate of interest per annum which is equal to the published minimum lending rate of interest per annum, compounded monthly in arrears, charged by the Bank of Ireland on the unsecured overdrawn current accounts of its most favoured corporate clients in the private sector from time to time
1.9 '"Service"' means an Internet Protocol (IP) based internet connectivity service provided by the Service Provider, connecting the Subscriber to the Internet via the Service Provider's network, including such additional services as may be subscribed to by the Subscriber.
1.10 "Subscription" means the amount payable to the Service Provider for the provision of Service and the use of the Equipment together with any Value Added Tax and any other taxes (at applicable rates from time to time)
1.11 "Subscription Period" means the entire term of this Agreement, until cancelled by either Party upon thirty (30) days' notice. This period is 12 months.
1.12 The singular shall include the plural and visa versa, one gender shall include the other genders, lower case letters shall refer to capital letters and visa versa and headings used in this agreement are for reference purposes only and shall not be taken into account in construing the contents of this Agreement .
2.1 The Service Provider supplies a Service and /or Equipment to the Subscriber, pursuant to this Agreement. The Service Provider hereby grants use of the Equipment to the Subscriber, which accepts such use on the terms and conditions as set out in this Agreement, for the Subscription Period.
2.2 This Agreement contains the entire agreement between the Parties. No alteration, cancellation, variation of, or addition hereto shall be of any force or effect unless reduced to writing and signed by all Parties to this Agreement or their duly authorised representatives.
2.3 No indulgence, leniency or extension of time which the Service Provider may grant or show to the Subscriber, shall in any way prejudice the Service Provider or preclude the Service Provider from exercising any of its rights in the future.
2.4 The Subscriber warrants that the particulars provided are true and correct.
3.1 All risk of loss and damage in and to the Equipment shall from the date of delivery to the Subscriber vest with the Subscriber,
3.2 The Service Provider will make every possible endeavour to maintain constant access to the Service and ensure that it is available for use by the Subscriber. However the Service Provider cannot be held responsible for accidental non-availability for outages of services, or for unforeseen interruptions to service.
PAYMENT OF CHARGES
4.1 The Subscriber shall pay the Subscription to the Service Provider in the amount stipulated monthly in advance.
4.2 Should Equipment be connected later than the 5 th day of any calendar month, the Subscriber shall only pay such portion of the monthly subscription fee as is equal, pro-rata, to the number of days which remain in that month in relation to the total number of days in that month.
4.3 The Subscription shall increase at such times and rates as may be notified from time to time.
4.4 The Service Provider shall be entitled and is hereby specifically authorised to, at its election, either immediately cancel this Agreement and/or suspend the supply of Services to the Subscriber and/or to recover the Equipment (as provided for in this Agreement), upon failure by the Subscriber to pay the Subscription or breach of the terms of this Agreement.
4.5 Should the Subscriber ever be occasioned to pay to the Service Provider any re-connection fee or any ancillary amount, as is not provided for in this Agreement, then such amount shall be paid directly to the Service Provider over and above the charges set out in this Agreement.
4.6 Should the Service not be available as a result of damage to the Equipment by the Subscriber, whether inadvertently or intentionally, the Subscriber shall still be liable for the full Subscription during such period where the Service is not available to the Subscriber
4.7 The Service Provider will under no circumstances be liable to the Subscriber for consequential loss or damage.
4.8 A discounted €50 equipment installation fee applies. This is discounted from our standard installation free of €125 per 12 month contract. If the contract is broken at any stage either before or after the 7 day cooling off period the Subscriber is liable for the full €125 installation cost.
4.9 Skytel Networks Ireland Ltd reserves the right to charge customers €20 for unpaid direct debits to recover bank charges levied to Skytel and administration time.
4.10 Installation moving fee - A fee of €75 is levied to remove the equipment from one premise to another within Skytel areas of coverage. This is discounted from the standard moving fee of €115 euro. If the contract is broken at any stage the full €115 moving fee is levied.
4.11 Should the customer's router, or any other equipment, need to be reconfigured by Skytel, a fee of not less than €25 will be charged.
5 UPGRADE & USAGE
5.1 The Subscriber shall be entitled with the written approval of Skytel to upgrade the Service on the basis that:
5.1.2 the Subscriber shall have given Skytel at least 7 (seven) days prior written notice of its intention to upgrade; and
5.1.3 the Subscriber shall at the time of giving such notice have complied with all the terms and conditions of this Agreement and shall continue to do so; and
5.1.4 the Subscriber shall sign all documentation necessary to give force and effect to such upgrade; and
5.1.5 the Subscriber shall accept all amendments, where necessary, to any charges stated in the order form due and payable to Skytel as are then occasioned by the Subscriber exercising its upgrade option.
DURATION / CANCELLATION
6.1 The Subscriber will have, a "cooling off period" of 7 working days to cancel this Agreement. Such cancellation must be in writing by sending notice of cancellation to Skytel on the address listed in this Agreement.
6.2 The Subscriber is liable for an installation fee of €125. This work is for physical installation work contracted out to third parties. This fee is still applicable if the agreement is broken at any stage either during or after the "cooling off period".
6.3 This Agreement will commence on the Commencement Date, and will continue for the Subscription Period. The Subscriber must pay Subscription up to the end of the minimum subscription if the contract is terminated. **Limted Time Offer " No Contract valid until the 31st July 2012
6.4 The Service Provider provides the Services under a Licence granted by ComReg. The Service Provider may terminate this Agreement with immediate effect by giving written notice if the Licence is revoked or otherwise terminated for any reason whatsoever.
6.5 The Subscriber must give one months notice in writing to Skytel to cancel their monthly subscription. The customer will not be liable for charges one month from the date written cancellation is recieved.
OWNERSHIP OF THE EQUIPMENT
7.1 The Equipment is and shall remain the property of the Service Provider and the Subscriber shall not in terms hereof, be entitled to acquire ownership during or after termination of this Agreement.If equipment is not returned or damaged , a charge of €375 will be levied.
7.2 Subscriber equiment must be return for security purposes. Failure to return equipment can cause a potential security breach. The Subscriber may be liable for Skytel changing the security codes on its network to maintain a secure network.
8.1 The Subscriber shall, unless otherwise agreed to by the Parties in writing, for the period of this Agreement, cover the risk of loss and damage to the Equipment.
8.2 The Subscriber absolves the Service Provider from all liability if all costs in respect of the repair and/or replacement of the Equipment are not fully or all recovered from the insurer.
THE SUBSCRIBER'S RESPONSIBILITIES
9.1 The Subscriber shall:
9.1.1promptly notify the Service Provider in writing if the Equipment is to be permanently moved to premises not being the Premises. The Service Provider provides no warranty of connectivity to the Services at such new premises , and assumes no liability whatsoever if it is unable to provide the Services at the new premises. In such a case the Service shall terminate upon the date upon which the Equipment is received at the premises of the Service Provider.
9.1.2 not make any alteration or modification to the Equipment without the Service provider's written consent.
9.1.3 keep the Equipment free from the claim of third parties and from attachment; shall not alienate, transfer or encumber the Equipment either in part or as a whole or allow any lien to arise in respect thereof;
9.1.4 not move the Equipment from the site or location of its installation without the prior written consent of Skytel, which consent shall not be unreasonably withheld;
9.2 not make any alteration or modification to the Equipment without Skytel's written consent.
9.3 advise the owner of the Premises of Skytel's ownership of the Equipment and prior to the signing hereof advise Skytel of the name and address of the owner (and any subsequent owner) where the Equipment is installed whereupon Skytel shall be entitled to notify such persons in writing of its rights in the Equipment and shall be allowed to inspect the Equipment at all reasonable times.
9.4 Subscribers shall ensure that they do not exceed fair usage limits other wise excess levies may be applied, or subscriber speeds reduced. The fair usage limits are: 8Mbps product - 80 GB per month; 15Mbps product - 150 GB per month; 20Mbps product - 300GB per month; 40Mbps product - 400GB per month; 50Mbps product or higher - 700GB per month. Exceeding such limits may result in slower speeds to ensure lower volume users are given priority over higher volume users as a matter of fairness. We reserve the right to terminate connections in the event fair usage limits have been excessively breached. We will contact you in advance to communicate our decision to terminate. SIRO fibre products do not have a Fair Usage Policy.
9.5 Subscribers on our €17.99 or €19.99 broadband only packages are subject to a data limit of 15GB per calendar month. Exceeding this limit will result in a charge of €10 per 1 GB. The maximum overusage charge levied will be €50.
10.1 The Subscriber shall take reasonable care in the use of the Equipment and shall at its own cost and expense protect the Equipment from loss and damage.
10.2 The Service Provider shall, at its own cost, remedy any damage to the Equipment caused by faulty workmanship or defects in the Equipment. Subscribers on packages of less than €20 per month will be subject to call-out levy of €40 in the event of a fault.
INDEMNITY AND LIMITS OF LIABILITY
11.1 The Subscriber hereby indemnifies and holds the Service Provider harmless against any and all losses, injury, damage, fines, penalties and claims of whatsoever nature and howsoever arising from or connected with the Equipment, or the use or possession thereof and whether or not such claims are caused by any act or omission of the Subscriber or anyone else
11.2 Liability is neither restricted nor excluded for:
11.2.1 death or personal injury resulting from any act or omission by Skytel or the acts or omissions of Skytel representatives or contractors while acting on its behalf; or
11.2.2 direct physical damage to the Subscriber's personal property to an amount not exceeding €100,000 in respect of any one event or series or connected events where such damage arises from Skytel's own negligence, or the negligence of its employees, representatives or contractors while acting in the course of employment by Skytel; or
11.2.3 any statutory obligations which cannot by law be excluded or restricted including any liability arising by virtue of Sale of Good and Supply of Services Act 1980
11.3 Skytel will not be liable for any unforeseen, consequential or indirect loss, loss of profits, business, revenue, contracts or anticipated savings, wasted expense, financial loss, lost or destroyed data, liability to third parties or for damage or compensation for loss of use of the Services.
11.4 Skytel shall not be liable for failure to comply with undertakings under this Agreement if hindered from doing so by something outside its reasonable control. Matters outside reasonable control will include but not be limited to lightning, flood or severe weather conditions, fire or explosion, civil disorder, terrorist activity, war, actions of local or national government or industrial disputes, performance of leased or rented telecommunications services or network or other operators, and Internet network, outside of Skytel's Equipment, is beyond its reasonable control.
11.5 Skytel shall not be liable for any repairs to the subscribers property resulting from any installation process necessary to receive service.
TERMINATION & PROCEDURE ON TERMINATION
12.1 Without prejudice to their rights under this agreement Skytel shall have the right to terminate this agreement forthwith by 48 hours oral or written notice to the other in the event that:
12.1.1 The other party is in material default of any of its obligations under this agreement.
12.2 Skytel shall have the right forthwith to terminate this agreement at any time if:
12.2.1 The Customer fails to make any payments when it comes due to Skytel; or
12.2.2 Having carried out a credit investigation the Customer is deemed unsuitable for the service.
12.3 Skytel may, without prejudice to its rights to terminate this agreement , suspend forthwith the provision of the service without liability to the Customer on notifying the Customer either orally or in writing if;
12.3.1 The Customer is in breach of any terms of this agreement or any information supplied by the Customer to Skytel is false or misleading or
12.3.2 Skytel is obliged to comply with an order instruction or request of Government, the Director of Telecommunications Regulation, an emergency service organisation or other competent authority, or
12.3.3 The Customer is suspected of involvement with fraud or acts, which are of defamatory offensive, abusive absence or menacing character in connection with the use of the service
12.3.4 The received signal level of the service at the Customer's premises falls below Skytel's acceptable threshold for delivery of the service. At such time, the equipment shall be removed and any accrued payments will be refunded to the customer.
12.4 The Customer shall pay to Skytel all costs and expenses incurred by Skytel as a result of suspension of the service in consequence of any breach, fault or omission of the Customer here under and any costs and expenses incurred in connection with reconnection of provision of the service as may be applicable.
12.5 Upon the termination of this Agreement for any reason whatsoever, the Subscriber shall forthwith allow the Service Provider to recover the Equipment, together with all documents as are in the Subscriber's possession relating to the Equipment from the Subscriber.
12.6 The Subscriber shall ensure that the Equipment is returned to the Service Provider in good working order and condition, fair wear and tear excepted.
12.7 The Subscriber shall return the Equipment to the Service Provider within 5 (five) working days of the Notice Date. Failure to do so shall result in a charge of €400 (Four hundred Euro) levied against the Subscriber.
12.8 Upon the termination of the agreement the subscriber is liabile for the reminder of the 12 month contract term.
12.9 The subscriber is required to give 30 days notice in writing of intent to cease the agreement.
13.1 Should the Subscriber:
13.1.1 default in the payment of any amounts when they are due under the terms of this Agreement; or
13.1.2 fail to observe any other of the terms, conditions and/or obligations (all of which are agreed to be material) of this Agreement or of any other agreement with the Service Provider; or
13.1.3 be sequestrated or placed under judicial management or be wound up, provisionally or finally, or abandon the Equipment, or allow the Equipment to be seized under any legal process; or
13.1.4 do or suffer to be done anything which might prejudice the Service Provider's rights under this Agreement or which might cause the Service Provider to suffer any loss or damage; then upon the occurrence of any one or more of these events, the Service Provider shall be entitled to take one or more of the following actions:
13.2 immediately terminate this Agreement, suspend the Service, take possession of the Equipment, recover from the Subscriber payment of all such amounts due at the date of cancellation, retain all monies already paid by the Subscriber and claim as agreed pre-estimated liquidated damages all outstanding amounts which would have been due until expiry of this Agreement and to recover all costs, including legal costs .
13.3 In the event of termination of this Agreement in terms of this paragraph, the Subscriber shall be obliged, at his own risk and expense, to immediately return the Equipment to the Service provider at the address to be nominated by the Service Provider.
ASSIGNMENT AND DELEGATION
14.1 The Subscriber shall not cede any of his rights nor delegate any of his obligations hereunder without the prior written consent of the Service Provider.
14.2 The Service Provider shall be entitled to transfer to any third party at its absolute discretion all or any of its rights under this Agreement, including its rights of ownership in the Equipment, either absolutely or as collateral security. This clause shall be irrevocably deemed to constitute formal notice of such cession by the Service Provider to the Subscriber. All rights in this Agreement recorded in favour of the Service Provider shall on cession pass to the benefit of the cessionary, who shall then be capable of enforcing such rights against the Subscriber who then shall hold the Equipment on behalf of and in accordance with the instructions and directions of the cessionary; and
14.3 The Service Provider shall be entitled to delegate all or any of its obligations under this Agreement to any third party at its absolute discretion.
15.1 This Agreement shall in all respects be governed and construed in accordance with the laws of the Republic of Ireland and all disputes, actions and other matters in connection therewith shall be determined in accordance with such laws.
16.1 Each of the Parties chooses, for the purposes of the giving of any notice, the serving of any process and for any other purposes arising from this Agreement, their respective addresses as set forth on the cover page of this Agreement.
17.1 Each party shall bear their own costs related to the preparation or completion of this Agreement.
17.2 The terms and conditions are effective from the 12 day of August 2004 until further notice.
18 SPECIFIC TERMS AND CONDITIONS
18.1 When Subscribers use the Service for Internet access, they may not:
18.1.1 resell or provide access to the Service or any other Skytel service to any third parties or parties not located on the same premises, without the prior express written consent of Skytel. Breach of this provision may result in immediate suspension of the Service until the problem is corrected;
18.1.2 restrict or inhibit any other user from using the Internet;
18.1.3 post or transmit any unlawful, threatening, abusive, libelous, defamatory, vulgar, obscene, indecent, pornographic, profane, hateful, bigoted or otherwise objectionable information of any kind, including without limitation any transmissions, constituting, or encouraging conduct that would constitute, a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation export and import control laws and regulations;
18.1.4 post or transmit any information or software that contains a Trojan, worm, virus or other harmful component;
18.1.5 post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Services for commercial purposes;
18.1.6 upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other materials, or other proprietary right, or derivative works without obtaining permission of the copyright owner or right holder;
18.1.7 upload, post, publish, reproduce, transmit or distribute in any way any component of the Services or derivative works, as are copyrighted as a collective work under European, Irish or International copyright laws;
18.1.8 remove or alter copyright management information including, without limitation, name or identification information of the author or owner, copyright note or terms & conditions for use of a work;
18.1.9 avoid, bypass, remove, deactivate or circumvent by any means, any process or system such as copy protection systems that are intended to protect the rights of a copyright owner;
18.1.10 send unsolicited e-mail that causes complaints from the recipients of the unsolicited e-mail;
18.1.11 send large quantities of unwanted or unsolicited e-mail to inpidual e-mail accounts (also known as "spamming" or "mailbombing');
18.1.12 make any unauthorized attempt to gain access to any account or computer resource not belonging to that user (also known as 'spoofing');
18.1.13 obtain or attempt to obtain Services by any means or device with intent to avoid payment;
18.1.14 make any unauthorized access, alteration, destruction, or any attempt, of any information of any Skytel customers or end-users by any means or device;
18.1.15 knowingly engage in any activities that will cause a denial of Services (DoS) (e.g., synchronized number sequence attacks) to any Skytel customers or end-users, or any other person;
18.1.16 use Skytel's products and services to interfere with the use of the Skytel network by other customers or authorized users or any other person;
18.1.17 violate the law or aid another in any unlawful act;
18.1.18 run programs or servers that provide network services to others through the Services ("web hosting"), which includes, but is not limited to, operating a web/mail/ftp server to serve external connections, unless that right has been incorporated Into this Agreement;
18.1.19 use the Services in such away as to impair or degrade the operation or performance of the Services and/or the Skytel network, including but not limited to abusive or excessive use.
18.2 Except for information, products or services clearly identified as being supplied by Skytel, Skytel does not operate or control any information, products or services on the Internet.
18.3 The Internet contains unedited materials that Subscribers may find offensive or objectionable.. Subscribers accesses such materials at you're their own risk. Skytel has no control over and accepts no responsibility for these materials. Subscribers may wish to utilize software designed to limit access to certain material on the Internet.
18.4 All content, including but not limited to trademarks and taglines identifying Skytel or its affiliates, graphics, images, content, button icons, and service names are solely Skytel's property, that of its operating companies or others.
18.5 Skytel's logo may not be used by the Subscriber for any purpose whatsoever unless the intended use of the logo is approved in advance by Skytel in writing.
18.6 Skytel reserve the right to seek all remedies available at law, in equity or under international copyright laws for violations of these Terms and Conditions, including the right to block access to a particular Internet address or site.
18.7 Skytel is not responsible for content or policies available on other sites linked to its site. Use of any links to other webpages, is at the Subscribers own risk.
18.8 The Subscriber Understands That They May Be Held Liable Both Under Civil And Criminal Law For Infringements Of The Intellectual Property Rights Of Others. Subscribers May Be Held Liable For All Actual Damages and Profits, Legal Fees, Costs, Or The Court May Award Statutory Damages Under The Copyright Act. Criminal Liability Can Also Include Fines and Imprisonment.
18.9 Skytel may take any action it deems appropriate without notice to protect the Services and its facilities for provision of the Services. If Skytel denies Subscribers access to Services pursuant to this Section, Subscribers will have no right (1) to access through Skytel to any materials stored on the Internet, or (2) to access third party services, merchandise or information on the Internet through Skytel, and Skytel will have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility to any consequences resulting from lack of notification.
18.11 If Subscribers wish to make purchases on the Internet, they may be asked by the merchant or service provider from whom you are making the purchase to supply certain information, including credit card or other payment mechanism information. Unless Skytel is a party to such transaction however, Skytel disclaims any and all liability for any failure or duplication of such a transaction as a result of any cause whatsoever, including disruption of the Service for any cause whatsoever.
18.12 Skytel Internet service is provided on an 'as is, as available" basis. Subscribers release Skytel from and Skytel shall have no liability or responsibility for any direct, indirect, incidental, or consequential damages suffered by any Subscriber in connection with their use of or inability to use the Skytel services including, but not limited to, damages from loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions, or due to inadvertent release or disclosure of information sent by them even if the same is caused by Skytel's own negligence. Skytel specifically disclaims any responsibility for the accuracy or quality of information obtained through its Service.
18.13 Any network address assignments issued by Skytel (i.e., Class C address Internet Protocol numbers) are the property of Skytel and are considered to be loaned to its customers. In the event service with Skytel is discontinued for any reason, such IP addresses will revert to Skytel
18.14 Skytel customer account descriptions in some cases may specify limits on bandwidth or simultaneous network connections for residential Subscribers, and use up to these limits is included in the price for that type of customer. In the event Skytel determines that a residential Subscribers is exceeding the bandwidth, or number of simultaneous network connections, the residential Subscriber will be notified by email. If the excess use continues for more than 48 hours after such notification, the residential Subscriber may be requested to upgrade to the appropriate service level agreement or to modify the activity creating the excess use. If excessive bandwidth or simultaneous network connections is determined by Skytel to adversely affect Skytel's ability to provide service for all Subscribers, immediate action may be taken to alleviate the problem. In such event, the residential Subscriber will be notified by email as soon as practicable.
18.15 If any provision of this Agreement is prohibited by law or found to be unlawful, void or otherwise unenforceable, such provision shall, to the extent required by applicable law, be severed from this Agreement. The remaining provisions of this Agreement shall not as far as possible be changed or modified and all other terms and conditions not so severed shall continue in full force and effect.
18.16 Skytel reserves the right to revise the terms of this Agreement at anytime upon giving reasonable notice to the Subscriber. We shall indicate on Skytel's web site the date of the last revision of the terms of this Agreement Such changes will take immediate effect when they are posted on this site, or upon such date as may be reasonably notified.
18.17 Excess usage over fair usage limits maybe be billed at 3c/MB ( 1 cent per Megabyte). See 9.1.7
18.18 Advertised speeds are "Up To" speeds, and based on Subscribers usage, Network usage and location. Residential and Business products are shared (or contended services) and Subscribers should adhere to fair usage limits (see 9.4). Dedicated or uncontended ("leased lines") have no contention.