See Also: Privacy Policy | Customer Terms & Conditions

Acceptable Use Policy

The Internet is a cooperative, shared network linking many private networks. Each network must maintain a consistent set of minimum standards to ensure it is not reducing the utility and enjoyment of the Internet for the users of other networks.

Skyway West is committed to being an upstanding network citizen. To assist us in protecting the usefulness and enjoyment of the Internet for our customers and all other network users, we require that you comply with the terms of this Acceptable Use document as a condition of receiving network access or network services from Skyway West.

The terms of this document apply to all our services: Dedicated Fibre, Pure Fibre Internet, ADSL, Cable, Fixed Wireless, Voice and UC Services, web hosting, E-mail hosting, VPN’s, Colocation, etc. Any customer found to be in violation of these terms will be contacted, instructed as to the nature of their offense, and asked to stop the offending activity. Further violations may result in termination without warning of any network services. Skyway West is not obliged to make remedy in the form of a refund or any other means. Payment for services will be due up to the end of the calendar month in which the termination occurs. Any customer equipment or data residing in or on Skyway West premises or systems may be held until full payment is received.

Determination of violation of these terms shall be at the sole discretion of Skyway West and Skyway West, in its sole discretion, will determine what action will be taken in response to a violation on a case-by-case basis. Violation of this Acceptable Use Policy (AUP) could also subject Customer to criminal or civil action. Skyway West may involve and will also fully cooperate with law enforcement authorities investigating suspected lawbreakers.

Customer is responsible for all use of the services under this Agreement by itself, its employees, agents, contractors, invitees and clients, whether such use is with or without the consent of Customer.

The following terms are to be observed:

Criminal Offences

While using the services of Skyway West, you are prohibited from posting, uploading, reproducing, distributing, or otherwise transmitting information or materials where such activity constitutes a criminal offence or from otherwise engaging in or assisting others to engage in any criminal offence including, but not limited to, those offences listed below.

• child pornography
• fraud
• communicating hatred
• pyramid selling or engaging in any pyramid scheme
• unauthorized use of a computer or any networked or telecommunications device
• mischief in relation to data
• exporting software or data outside of Canada in contravention of applicable export control legislation

The activity must be a criminal offence within the jurisdiction of the Provinces of British Columbia or Alberta, Canada to be in violation of this policy.

Civil Offences and Violations of the Rights of Others

While using the services of Skyway West, you are prohibited from posting, uploading, reproducing, distributing, or otherwise transmitting information or materials where such activity gives rise to civil liability or otherwise violates the rights or assists others to violate the rights of Skyway West or any third party, including, but not limited to, the violations listed below.

• copyright infringement
• trademark infringement
• defamation

Security

Any systems that are connected to the Internet via Skyway West must be kept secure against unauthorized use. Any system found to be open to misuse or being misused will be reported to the customer and the customer must immediately work to secure the system against further misuse. Skyway West may act immediately to deny network traffic to any system being misused to prevent damage to other Internet systems. Specific actions customers should take to keep network-attached systems secure include:

• you are prohibited to use or distribute tools designed for compromising network security
• you are prohibited to engage in the monitoring of data traffic on any network without the express authorization of the owner of the system or network
• you are prohibited to engage in deliberate attempts to overload system and broadcast attacks
• all network-attached systems should be installed and maintained by staff or consultants with sufficient expertise to guard against common vulnerabilities
• all network-attached systems should be kept up-to-date with vendor or community-provided patches to guard against known vulnerabilities
• no SMTP server should be installed or configured to permit unauthorized use as an SMTP relay by third parties. Skyway West periodically scans all customer networks for Open Relays.
• systems that fall victim to worms, trojans or crackers should be wiped and reinstalled in a secure configuration
• any system running software with a history of vulnerability to worms, trojans, or viruses should be guarded by up-to-date anti-virus software where possible (specifically this includes all Microsoft software)
• any E-mail mailing list operated by the customer must operate in a confirmed opt-in fashion, to prevent authorized parties from subscribing E-mail addresses not their own to the mailing list. This also applies to any service that will result in the sending of any E-mail to parties not directly employed by or in an ongoing business relationship with the customer.
• any wireless network connected to a Skyway West network connection must be configured to allow authorized use only. Any use of the network connection is the customer’s responsibility. Any wireless traffic should also be encrypted using IPSEC or similar cryptographically secure means such as SSH to prevent password sniffing (note that the encryption system present in most 802.11b wireless devices is not cryptographically secure).

SPAM

While using our services you are strictly prohibited from engaging in any activity relating to the sending of SPAM. Activities that are prohibited include but are not necessarily limited to:

• posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other “spam”
• posting, uploading, reproducing, distributing or otherwise transmitting unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters, or other “spam” via any third party
• advertising or selling products that are used primarily by those who spam
• providing any network services to those who advertise or sell products that are used primary by those who spam
• providing any network service to those who spam
• providing any network service to those who provide network services to those who spam

Other

While using the services of Skyway West, you are prohibited from engaging in or assisting others to engage in any activity that violates established or accepted network etiquette, violates applicable charters, policies, rules or guidelines of Skyway West or other parties, disrupts or threatens the integrity, operation or security of any communication service or any computer or Internet system, or is in the sole judgement of Skyway West ojectionable. Examples of such prohibited activity include, but are not limited to:

• engaging in threats, harrassment, intimidation, stalking or abuse of others
• scanning, probing or connecting to services on remote computer systems that you are not authorized to make use of, for the purpose of hacking or cracking any computer or telecommunications system or assessing security vulnerabilities (this prohibition does not include testing SMTP systems for Open Relay vulnerabilities for the purpose of SPAM reporting or control)
• attempting to gain unauthorized access to any computer or telecommunications device
• denying or attempting to deny others legitimate access to a remote system or service via any means
• disguising or attempting to disguise the source of any malicious or probing network traffic or communication from your network through forged TCP/IP packets, forged E-mail headers or USENET postings, or any other mechanism
• writing or knowingly or negligently distributing any worm, trojan or virus without full disclosure to the receiving party
• communicating knowledge of any security vulnerability in any third-party system or software to anyone for the purpose of aiding any malicious activity (this does not include public disclosure of security vulnerabilities to security forums, although you should privately disclose the vulnerability to the affected vendor or site and give them a reasonable period of time to fix the vulnerability before publicly disclosing the vulnerability)

Contacting Us

If a customer of Skyway West is in violation of any of these Terms, please contact abuse@skywaywest.com with the details of your complaint and any evidence (log files, etc) This document last updated July 24, 2002.