Terms and Conditions of Use

Welcome to Skywave Internet ("Service"), an online service of Skywave Communications ("Skywave"). We are pleased to offer you a wide variety of information resources and to have you join our community of online consumers. We hope you will find the Service to be useful and valuable. Your use of the Service will be subject to this Terms of Service Agreement. This page also includes our Privacy Policy, which explains our standards for the protection of your personal information.

Our Commitment

Skywave is committed to providing affordable Broadband Internet to consumers, both rural and urban in our service area. We are considered a "Last Mile" provider. On our lowest priced plan we have a minimum speed of 768 kbps downstream and 250 kbps upstream. Skywave is a broadband service provider on every service plan we offer.

Your Participation and Conduct

During the term of this Agreement, Skywave grants you permission to use this Service, and to download materials available through the Service, all solely for your personal, or business use. You may not transfer, assign, sub-license, lend, or re-sell your account granted under this agreement.

You may participate in any Internet forums or messaging (e-mail) through the Service, but you agree not to post any material on your personal website or by email, with the content of which

is defamatory, libelous, obscene, indecent, abusive, threatening to others, or in violation of any law; or
(ii) infringes the copyright, trademark right, or other intellectual property right of any third party.

You will be solely responsible for all content that you post using this Service. You agree to indemnify Skywave and its officers and employees from and against all liabilities, judgments, damages, and costs (including attorney's fees) incurred by any of them which arise out of or are related to the content that you post or email.

Skywave reserves the right to monitor content on websites posted on the Service, and to modify or remove information that it deems, in its sole discretion, to be abusive, defamatory, in violation of the copyright, trademark right, or other intellectual property right of any third party, or otherwise inappropriate for the Service. Skywave also reserves the right to edit or modify any information uploaded, in response to requests for feedback, Letters to the Editor, or other commentary. Notwithstanding the foregoing, Skywave is not obligated to take any such actions, and will not be responsible or liable for content posted by any member in any forum or other area within the Service.

This Service contain links to other related sites on the Internet which are owned and operated by third party organizations. You acknowledge that Skywave is not responsible for the content located on or the availability of such third party sites. You should contact such third party sites directly with any questions or concerns about content, accuracy or availability.
BROADBAND COMMITMENT

ACCEPTABLE USE POLICY

Skywave's Acceptable Use Policy is intended to improve the use of the Internet for everyone by preventing unacceptable use of our service and services. All customers that pay for service, or visitors from outside of our domain, must comply with this AUP. We support the freedom of information the Internet has to offer and do not actively monitor the use of our services unless for troubleshooting purposes. Similarly, we do not control or edit the content of any Web site, electronic mail transmission, news group, or other material created or accessible over or through the Services, except for certain proprietary websites and virus prevention. However, in accordance with our Internet Service Agreement, we may remove any materials that may be illegal or may subject us to liability, or which may violate this AUP. Your violation of this AUP may result in the termination of your access to this service. This AUP should be read in conjunction with our Terms Of Service Agreement and other policies.

VIOLATIONS OF SKYWAVE'S ACCEPTABLE USE POLICY

The following, are considered violations of this AUP:

Illegal use. Using the Services to transmit material in any form, that intentionally or unintentionally, violates any applicable local, state, national or international law.

Harm to minors. Using the Services to harm, or attempt to harm, minors in any way is forbidden and may result in referral to law enforcement authorities.

Exessive Data Transfer. This uses our resources in a negative way. While we do not limit daily usage, We ask that you do not download or upload files that you do not need and deliberately use excessive bandwidth. Using a personal account for high volume or commercial use is prohibited. The Services are intended for periodic, active use of email, newsgroups, file transfers, Internet chat, games, and browsing the World Wide Web. Members may stay connected so long as they are actively using that connection for the above purposes.

Threats. Using the Services to transmit material in any form, that threatens or encourages bodily harm or destruction of property.

Harassment. Using the Services to transmit material in any form, that harasses another.

Fraudulent activity. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as "pyramid schemes," and "chain letters."

Forgery or impersonation. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous mailers or nicknames does not constitute impersonation. Using misleading headers in news postings in order to avoid spam email is allowed.

Unsolicited email. Using the services of Skywave to transmit any unsolicited email are prohibited.

Unauthorized access. Using the Services to access, or to attempt to access, the accounts of others or computer systems of others is prohibited.

Reselling the services. Reselling the Services without Skywave's authorization.

Network disruptions. This includes "denial of service" (DoS) attacks against another network host or individual user.

Exceeding Web Site Size and Traffic Limitations. All Skywave Members can receive 5MB free web space for personal, non-commercial use. Each free web space is allocated 750MB of traffic per month to be viewed by others.

PRIVACY POLICY

This Service does not collect personal information about individuals except when provided by such individuals (for example, your billing information). We do not distribute or sell your personal information and it is kept confidential. The Service may place a "cookie" in the browser files of your computer. The cookie itself does not contain any personally identifying information but enables the Service to customize the Service based on your preferences. (Example, to store your email login information). If you do not wish to have a "cookie" placed in your browser files, you may disable "cookies" following the procedures used by your particular browser.

All e-mail lists maintained by this Service contain the names of people who requested to receive products or services from Skywave.

You should be aware that when you voluntarily disclose personal information (e.g., your name or e-mail address) in emails and online discussion forums using this Service that information can be collected and used by others and may result in unsolicited messages from other posters or parties.

Copyright and Trademarks

The Service and all materials published therein, including articles, graphical images, interactive applications, (knows as the "Content"), are protected by copyright and are owned by Skywave. You may not modify the Content by re-publishing, re-transmit, or otherwise distribute any Content. You may copy and display the Content solely for your personal, non-commercial use, as permitted by the Terms of Service granted above.

All other trademarks on this Service or the Internet are the property of their respective holders.

Notices

Skywave may give notices to you through posting on the homepage, through postal notification, or through e-mails, in its sole discretion. You may give notice to Skywave via e-mail at info@skywaveinternet.com, by postal mail to Skywave Internet, 455 West Belmont Rd. Calhoun, Georgia. 30701

Termination of Service

You may terminate your account easily at any time by sending an email to info@skywaveinternet.com, requesting such account cancellation. Your billing will stop on your paid though date or the date we receive cancellation notice if your account is over due. Your account is automatically renewed each month unless we receive a cancellation notice by email, postal mail, or by telephone. The best way is to write cancel on your bill and mail it in BEFORE the due date to avoid being billed for the upcoming month. Skywave reserves the right, in its sole discretion, to terminate or restrict your access to this Service, or any section thereof for any reason or violations if the Terms of Service.

Exclusions of Warranty and Liability

THE SERVICE AND ANY EXECUTABLE PROGRAMS AND OTHER MATERIALS PROVIDED THROUGH THE SERVICE ARE PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE HEREBY EXCLUDED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ALTHOUGH SKYWAVE HAS MEASURES IN PLACE TO RESTRICT VIRUSES IN YOUR EMAIL, SKYWAVE DOES NOT WARRANT THAT THE SERVICE OR ANY MATERIALS OBTAINED THROUGH THE SERVICE ARE VIRUS-FREE. IF YOU DOWNLOAD EXECUTABLE PROGRAMS FROM THE SERVICE, THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF SUCH PROGRAMS IS ASSUMED BY YOU. SKYWAVE IS NOT RESPONSIBLE FOR THE ACCURACY OF OR ERRORS OR OMISSIONS IN ANY SUCH PROGRAMS, AND SKYWAVE DOES NOT WARRANT THAT THE OPERATION OF ANY SUCH PROGRAMS WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY SUCH PROGRAMS WILL BE CORRECTED.

SKYWAVE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES RESULTING FROM LOST PROFITS OR REVENUE; LOSS OF USE OF THE SERVICE OR OF ANY EXECUTABLE PROGRAMS; LOSS OF USE OF DATA OR EQUIPMENT; OR OTHER SIMILAR DAMAGES) ARISING OUT OF THE USE OR INABILITY TO USE THIS SERVICE OR ANY EXECUTABLE PROGRAM OBTAINED THROUGH THE SERVICE, EVEN IF SKYWAVE HAS BEEN ADVISED OF THE LIKELIHOOD OF SUCH DAMAGES. IN NO EVENT SHALL SKYWAVE'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) RELATING TO THE SERVICE EXCEED THE CUMULATIVE AMOUNT YOU HAVE PAID FOR ACCESS TO THE SERVICE.

General

Skywave reserves the right in its discretion, to change or modify any part or all of this agreement at any time, effective upon notice published on the Service. Your continued use of the Service constitutes your binding acceptance of these terms of service including any changes or modifications made by Skywave as permitted above. If at any time, these terms of service are no longer acceptable to you, you should cease using the Service immediately and request account termination as directed above.

Any failure by Skywave to enforce any provision of this Agreement shall not be construed as a continuing waiver of any rights under such provision. In the event that any portion of this Agreement is held unenforceable, the remaining provisions of the Agreement shall remain in full force and effect.

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, as applied to contracts entered into and performed within Georgia.

This Agreement states the entire agreement between the parties with respect to the Service, and all prior or contemporaneous agreements are merged herein and superseded hereby.