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