Introduction
Welcome
to Skyetel.net (“the Site”) the
official website of Skyetel inc. (Skyetel).
Before using this Site or downloading/purchasing
any of our products, you are required to read
the following Term and Conditions of Use so
that you are aware of your legal rights and
obligations with respect to Skyetel.
By
using the Site, registering as a user, downloading
software, purchasing airtime credits or other
products, you signify your irrevocable acceptance
of these Terms and Conditions of Use. You hereby
agree to ensure that anyone who uses this software
on your computer also abides by the Terms of
Use. Skyetel has the right to revise the Terms
of Use at any time without providing notice
to its users. Your continued use of the Site
shall be deemed irrevocable acceptance of those
revisions. We reserve the right to change, modify,
suspend or discontinue any portion of the Site
at any time. We may also impose limits on certain
features or restrict your access to parts or
the entire Site without notice or liability.
Privacy
Skyetel
values and are committed to protect your personal
privacy. To protect your rights to privacy we
have provided the Skyetel Privacy Policy to
explain our standard privacy practice procedures.
Use of Skyetel Software
Skyetel
SoftPhone and IM software (the Software) and
accompanying documentation that are made available
by download from this Site, on CD-ROM or any
format are the copyrighted work of Skyetel.
Use of the Software is governed by the terms
of the end user license agreement that is referenced
on this website. You will not be able to download
or install any software that is accompanied
by or includes an end user license agreement
unless you agree to the terms of such end user
license agreement. If you do not agree to such
terms, you will not be able to use the Software.
You may not decompile, reverse engineer or otherwise
attempt to discover the source code of the Software
available on the Site.
Warranties and Disclaimers
The
materials in or purchased through this Site
are provided “as is” and without
warranties of any kind either expressed or implied
except as expressly provided otherwise in a
written agreement between you and Skyetel. To
the fullest extent permissible pursuant to applicable
law, Skyetel disclaims all warranties, express
or implied, including, but not limited to, the
warranty of non-infringement or implied warranties
of merchantability or fitness for a particular
purpose. Without limiting the foregoing, Skyetel
does not warrant that the functions contained
in the service will be uninterrupted or error-free,
that defects will be corrected, or that this
service or the server that makes it available
are free of viruses or other harmful components.
Skyetel does not warrant or make any representations
regarding the use or the results of the use
of the materials in this service in terms of
their correctness, accuracy, reliability, or
otherwise. You (and not Skyetel) assume the
entire cost of all necessary servicing, repair,
or correction. Applicable law may not allow
the exclusion of implied warranties, so the
above exclusion may not apply to you. Without
limitation of the foregoing, you acknowledge
that as a service to users of the Skyetel service,
we include links to other web sites on the world
wide web portion of the internet and that Skyetel
has no control over, and makes no representations
of any kind whatsoever, regarding the content
or appropriateness of content on such web sites
and you hereby irrevocably waive any claim against
us with respect to such web sites.
Under
no circumstances, including, but not limited
to, negligence, shall Skyetel be liable for
any special or consequential damages that result
from the use of, or the inability to use, the
materials, the site, or any other web site,
even if Skyetel or a Skyetel authorized representative
has been advised of the possibility of such
damages. Applicable law may not allow the limitation
or exclusion of liability for incidental or
consequential damages, so the above limitation
or exclusion may not apply to you. No advice
or information, whether written or oral, obtained
by you from Skyetel or from or through the site
shall create any warranty not expressly stated
in the terms of use. In no event shall Skyetel’s
total liability to you for all damages, losses,
and causes of action (whether in contract, tort
(including, but not limited to, negligence)
or otherwise) exceed the amount paid by you,
if any, for purchasing any materials or products.
Links
Skyetel
may provide links to other sites that we feel
are relevant and interesting to our users ("Link
Sites"). Skyetel is not responsible for
the content on the Link Sites and is not responsible
for the accuracy of the information and intellectual
property notices therein. Some of these Link
Sites may provide you with opportunities to
purchase products ("Products"). We
do not endorse any of the Products nor do we
make any representations or warranties in connection
with the Products.
Online Behaviour
Please
exercise respect when participating in any of
Skyetel’s community features such as Forums,
Blogs, Email functions, etc. and when using
chat, voice, video, file transfer or any other
feature of Skyetel Software ("User Materials").
You may not submit or publish through Skyetel
any User Materials that are libellous, defamatory,
pornographic, an invasion of privacy, obscene,
abusive, illegal, racist, offensive, harmful
to a minor or an infringement on any intellectual
property rights of a third party or would otherwise
violate the rights of any third party. Furthermore,
you may not submit or publish User Materials
through Skyetel that solicit funds or services,
contain advertising or include programs that
contain viruses or any other programs designed
to impair the functionality of any computer.
Please
remember that we do not monitor the contents
of these community features and cannot be held
responsible for the User Materials. Therefore,
we apologize in advance for any offensive or
otherwise displeasing User Materials.
Notwithstanding
any rights or obligations governed by the Additional
Terms, if, at any time you upload or post User
Materials, including but not limited to comments,
suggestions, problem reports, bug reports and
design ideas to the Site you automatically grant
Skyetel a non-exclusive, royalty-free, perpetual
license of all rights throughout the universe
to use, edit, modify, include, incorporate,
adapt, record and reproduce the User Materials
including, without limitation, all trademarks
associated therewith, in any manner whatsoever,
in or out-of-context, in all languages, in all
media now known and hereafter devised, and to
use the User Materials in advertising, promotion
and publicity for the Site, Skyetel and its
or their products and services, in any and all
media now known or hereafter devised. In addition,
you represent and warrant that you are entitled
to enter into these Terms of Use and that you
waive any so-called "moral rights"
in and to the User Materials.
Submissions
Certain
parts of the Site may ask for written suggestions
or problem reports such as using our contact
form or problem report form ("Submissions").
In such a case, please read carefully the specific
terms, which govern those Submissions ("Additional
Terms"). In the absence of Additional Terms,
the Skyetel Terms of Use shall govern your legal
rights with respect to those Submissions.
The
Submissions shall be deemed the property of
Skyetel. Skyetel shall exclusively own all now
known or hereafter existing rights to the Submissions
throughout the universe in perpetuity and shall
be entitled to use the Submissions for any purpose
whatsoever, commercial or otherwise, without
compensation to the provider of the Submissions.
In any event, any Submissions you send to Skyetel
will not be treated as confidential and Skyetel
shall not be liable for any disclosure of the
Submissions.
Accounts and Security
Skyetel
does not warrant that the functions contained
in the service provided by the Site will be
uninterrupted or error-free, that defects will
be corrected or that this service or the server
that makes it available will be free of viruses
or other harmful components.
As
part of the registration process, each user
will select a password ("Password")
and User Name ("User Name"). You shall
provide Skyetel with accurate, complete, and
updated Account information. Failure to do so
shall constitute a breach of this Terms of Use,
which may result in immediate termination of
your Account. You may not (i) select or use
a User Name of another person with the intent
to impersonate that person; (ii) use a name
subject to the rights of any other person without
authorization; or (iii) use a User Name that
Skyetel, in its sole discretion, deems inappropriate
or offensive.
You
shall notify Skyetel of any known or suspected
unauthorized use(s) of your Account, or any
known or suspected breach of security, including
loss, theft, or unauthorized disclosure of your
password. You shall be responsible for maintaining
the confidentiality of your password.
Any
fraudulent, abusive, or otherwise illegal activity
may be grounds for termination of your Account,
at Skyetel’s sole discretion, and you
may be reported to appropriate law-enforcement
agencies.
Trademarks
Skyetel
and the Skyetel logo and other marks indicated
on our site are trademarks of Skyetel, Inc.
or other related companies. Skyetel is registered
in the Republic of Panama.
Registrations
have been filed in several countries. Skyetel’s
trademarks and trade dress may not be used in
connection with any product or service that
is not Skyetel’s, in any manner that is
likely to cause confusion among customers or
in any manner that disparages or discredits
Skyetel. All other trademarks not owned by Skyetel
or any of its related companies that appear
on this site are the property of their respective
owners, who may or may not be affiliated with,
connected to, or sponsored by Skyetel.
Copyright
All
content and compilation of content included
on Skyetel’s website, such as text, graphics,
logos, button icons, images, audio clips, digital
downloads and software, is the property of Skyetel,
Inc. or other related companies and is protected
by international copyright laws.
If
you have any questions or concerns about this
Terms of Use or any issues raised in this Terms
of Use or on the Site, please contact us at:
info@ skyetel.net