Acceptable Use Policy

Updated: Monday 10th May 2021 14:58 EST


Acceptable Use Policy of SkyPBX.COM and all related sites owned, operated or controlled by SkyPBX, LLC. (“SkyPBX website”)

Acceptance of Terms Through Use

This site provides you the ability to learn about SkyPBX and its products and services as well as the ability to access our network and services (“SkyPBX Services”). By using this site, and any other site owned and operated by SkyPBX or any other SkyPBX website, you signify your agreement to the terms, conditions and notices of this policy. “You” when used in this statement shall mean the SkyPBX Customer of record and SkyPBX Customer end users.

This Acceptable Use Policy is used in conjunction with the terms of your service agreement. Violating any of these policies grants SkyPBX the authority to take action to restrict or terminate your access to SkyPBX Services. We reserve the right, at our discretion, to update or revise this policy, any other policy or statement on any SkyPBX website, and any product offerings or programs described on any SkyPBX website. Please check back periodically to review any changes to this policy.

SkyPBX disclaims, to the maximum extent permitted by law, all warranties, representations or other endorsements, express or implied, with regard to the information accessed from, or through, this service, the systems which provide it and the Internet, including all warranties of merchantability or fitness for a particular use, or non-infringement of any third-party rights. SkyPBX does not assume any liability for the completeness, accuracy or usefulness of any information disclosed or materials accessed. In no event shall SkyPBX (or any persons or entities related thereto) be liable for any special, indirect, or consequential damages associated with or arising from use of this service in any way, including any loss of use, data or profits, regardless of the form of action. Any failure by SkyPBX to enforce this policy in every instance in which it might have application does not amount to a waiver of SkyPBX’s rights.

Lawful Use

You must use this site and the SkyPBX Services in accordance with the terms of this policy and your SkyPBX Service Agreement, and in accordance with all federal, state and local laws, ordinances, and regulations.

User Conduct, Prohibited or Unlawful Use

In order to maintain an informative and valuable service that meets the needs of the users of this site and SkyPBX Services, the following rules have been established to protect against abuse.

Use of this site or SkyPBX Services for any purpose that is unlawful or in any manner which could damage, disable, overburden or impair the operation of this site, the SkyPBX Network or SkyPBX Services or any other party’s use or enjoyment of this site, the SkyPBX Network or SkyPBX Services or any other SkyPBX website, is strictly prohibited.

The Services (including any device, system, network, or account used in connection with the Services, or the SkyPBX Network) may not be used to:

Illegal activity. Violate any applicable law, including U.S. federal, state, or local laws or regulations, or any applicable law or regulation of any foreign jurisdiction, including applicable laws regarding the recording of communications.
Infringing activity. Infringe, misappropriate, or otherwise violate SkyPBX’s or anyone’s rights (including intellectual property, privacy, personality, publicity, or otherwise; or display or use SkyPBX’s marks without consent or in violation of SkyPBX policies.

Auto-dialing; trunking; traffic pumping. Perform auto-dialing or “predictive dialing” in an abusive manner; trunk or forward your SkyPBX phone or fax number to other numbers that handle multiple simultaneous calls or to a private branch exchange (PBX) or a key system; traffic pumping or access stimulation of calls through the Services or the SkyPBX Network.

Minors. Exploit or harm minors (e.g., expose them to inappropriate content; ask for personally identifiable information without parental consent).

Interference; transmit viruses. Interfere, inhibit, compromise, or otherwise harm the Services or the SkyPBX Network (regardless of intent or knowledge); transmit any material that contains viruses, time or logic bombs, Trojan horses, worms, malware, spyware, or any other programs that may be harmful or dangerous.

Objectionable activity. Act in an indecent, offensive, threatening, harassing, defamatory, libelous, fraudulent, malicious, disruptive, tortious, or other objectionable manner; or create a false caller ID identity (i.e., ID spoofing), forge addresses or headers, or otherwise mislead others about a sender’s identity or origin.

Driving; safety. Use while driving or otherwise in an unsafe manner.

Harvest information; spam; bulk messages. Harvest or collect information about third parties or End Users without consent; send bulk communications or other content without the recipient’s consent.

Excessive or unauthorized use. Use any device, system, network, account, plan, or the Services in an unauthorized manner or in excess of reasonable business use.

Circumvent compliance or security. Take advantage of, bypass, exploit, defeat, disable, or otherwise circumvent limitations of the Services, security mechanisms, or compliance with this AUP or any law.

Interception. Intercept, capture, sniff, monitor, modify, emulate, decrypt, or redirect any communication or data for any purpose.

Resale Prohibited. Customer may not sell, resell, sublease, assign, license, or sublicense the Services or any component thereof or use or offer the same on a service-bureau or time-sharing basis.

Attempt to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any SkyPBX Services or those of any other party.

Interfere with service to any user, host or network.

Forge any TCP-IP packet header

Use this site or SkyPBX Services to engage in activities that violate any terms or conditions of any other network access provider or Internet service provider

Additionally, you may not, by use of any SkyPBX Service or another service, upload, post or otherwise distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information that, in SkyPBX’s discretion:
Is unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, deceptive, fraudulent, invasive of another’s privacy, tortious, indecent, pornographic or inaccurate
Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability or any other reason
Contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer
d. Has a negative effect on SkyPBX or its network (including, without limitation, overloading servers on the SkyPBX Network; causing portions of the SkyPBX Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of SkyPBX, impose an unreasonable administrative burden on the company; etc).

Your participation in online communication or use of any SkyPBX service is not edited, censored or otherwise controlled by SkyPBX. However, SkyPBX reserves the right to monitor content on this site and any SkyPBX Services and to remove content, disable sites, or suspend or terminate services if SkyPBX, in its discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

International Use

SkyPBX makes no representation that materials available on this site or any or through any SkyPBX service are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who access this site or any site hosted by SkyPBX from other locations are responsible for compliance with local law.

Intellectual Property Rights

Copyright: All SkyPBX web site design, text, graphics and the selection and arrangement thereof are the copyrighted work of SkyPBX, LLC. 2012. All rights reserved. If any pages, information or content is copied, it may only be copied for non-commercial uses and SkyPBX shall, in any event, retain all copyright and other proprietary interests therein.

Trademark: SkyPBX and the SkyPBX logo, and all other related names, design marks, product or feature names are either registered trademarks or trademarks of SkyPBX, LLC. in the United states and/or other countries. SkyPBX marks may not be used without the express written permission of SkyPBX. All other products and services referenced in this site are the trademark or services marks of their respective owners.

User’s Grant of Limited License

By posting or submitting content to any SkyPBX website, you:

Grant SkyPBX the right to use, reproduce, display, adapt, modify, distribute and have distributed the content in any form, anywhere and for any purpose, subject to the SkyPBX Privacy Policy, which is incorporated in and made a part of this Policy; and,

Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by SkyPBX will not infringe or violate the rights of any third party.

Controlling Law and Termination

This Authorized Use Policy is subject to, and shall be construed and enforced in accordance with the laws of the State of New Jersey without regard to its choice of law principles, and any disputes hereunder shall be brought in the United States District Court in New Jersey, Newark.

Notices

The SkyPBX Terms of Service Agreement and Acceptable Use Policy prohibit acts of copyright and trademark infringement and other unlawful behavior by SkyPBX subscribers. SkyPBX takes violations seriously and will investigate complaints and, where appropriate, may suspend or terminate services, or take other action as necessary. SkyPBX assumes no responsibility for costs incurred for defending or asserting a violation of the SkyPBX Terms of Service Agreement or Acceptable Use Policy.

General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to [email protected] SkyPBX will reasonably investigate incidents involving such violations. SkyPBX may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Fraud Complaints: SkyPBX recognizes that acts of fraud can be and are committed over the Internet. SkyPBX encourages all Customers and Internet users to be vigilant about protecting their personal information, account numbers, id’s, passwords, etc. As with non-Internet fraud, fraud complaints are best and most appropriately made to law enforcement authorities. If you believe you have been the victim of Internet fraud (either via the web or through email), SkyPBX encourages you to contact your local or state consumer protection authority, or one among several U.S. agencies that handle complaints about Internet fraud.

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