Acceptable Use Policy

Balancing the benefits and privileges available from Skyworks IT with duties and responsibilities so that our users can have a productive, enjoyable experience.

Data and Voice - Acceptable Use Policy

1. INTRODUCTION

The benefits and privileges available from Skyworks and the Internet in general, must be balanced with duties and responsibilities so that other users can also have a productive, enjoyable experience. This Acceptable Use Policy (the "Policy") was designed to prevent unacceptable uses of our services and equipment as well as to ensure that we are able to provide the level and quality of services that our customers expect. Each customer of Skyworks is responsible for ensuring that the use of all services provided to such customer complies with this Policy.

If Skyworks believes, in its sole discretion, that a violation of this Policy (direct, or indirect, including violations by a third party) has occurred, it may take responsive action. Skyworks is entitled to remove the offending material, establish immediate or temporary filtering, deny access, suspend or terminate Skyworks Services, or take any other appropriate action, as determined by Skyworks, in addition to any remedies provided by any agreement to provide Skyworks Services.

Skyworks may investigate incidents involving violations of this Policy, and such violations may subject the customer to civil or criminal liability. In the event of a criminal violation Skyworks will co-operate fully with law enforcement.

The customer is solely responsible for use of their Skyworks account, regardless if such use occurred without the account holder's consent or knowledge.

Skyworks may amend this policy at its sole discretion. The continued use of Skyworks services after an amended policy has been posted here will be deemed as acceptance of the amended policy.

2. PROHIBITED ACTIVITIES

Illegal/Criminal Activity

Skyworks services must not be used for any activity that violates any local, provincial, federal, international or any other applicable law or regulation, including the distribution or storage of materials that are contrary to any applicable law or regulation. Prohibited activities include, but are not limited to:

  • Infringing copyrights, trademarks, trade secrets, patents or any other type of intellectual property;
  • Posting any content that threatens, advocates, promotes or otherwise encourages violence or which provides instruction, information or assistance in causing or carrying out such violence;
  • Transmitting offensive materials including obscene, pornographic, indecent, hateful, defamatory or otherwise objectionable material; and
  • Violating the personal privacy of another individual.

‍

Security Violations

Skyworks services must not be used to breach the security of any account, network, service, or other system of Skyworks, or to gain unauthorized access to another network or system. Other security breaches include, but are not limited to:

  • Attempting to gain access to any other person's computer, software or data, without their knowledge or consent;
  • Circumventing user authentication or security of any host, network or account ("cracking" or "hacking");
  • Interfering with service to any user, host or network ("denial of service attacks") including, but not limited to, mail bombing, flooding of networks, deliberate attempts to overload a service and attempts to crash a host; and
  • Using or distributing tools designed to compromise security, such as password guessing programs, cracking tools, packet sniffers or network probing tools.

Email Violations

Skyworks Services must not be used by any customer (or any of their customers) to send messages (including fax and voice traffic) that have the effect of preventing fair and proportionate use of Skyworks Services by others. Other email violations include, but are not limited to:

  • advertising, transmitting, or in any way providing any software, program, product, or service that facilitates a violation of this AUP or is designed to violate the Skyworks AUP or the AUP of any other Internet Service Provider.
  • sending unsolicited bulk messages, including, commercial advertising, unsolicited commercial messages, chain letters, charity requests, petitions for signatures and political or religious messages;
  • sending messages to any user who does not wish to receive it, either to a Skyworks account holder or otherwise;
  • Spamming, whereby the customer sends numerous copies of the same or substantially similar messages to many account holders, or sending large or multiple files or messages to a single user with malicious intent;
  • Spamming indirectly through the use of other service providers or transmitting email or content through other service providers in a way which indicates in any way that Skyworks was involved in the transmission of such email or content;
  • Altering the headers of email messages for the purpose of concealing the recipient's or sender's identity, or any other illegitimate purpose;
  • Operating an unsecured email relay;
  • Posting binary files to non binary newsgroups; and
  • Attempting to evade filters of spamming

3. SUBSCRIBER AGREEMENT

The customer will indemnify and hold Skyworks harmless from any claim brought by third parties relating to the customer's use of Skyworks Services. The customer must pay and defend all legal costs (including legal fees) arising from such claims. Upon receiving notice, the customer must immediately notify Skyworks of any claim or potential claim involving their use of Skyworks Services. Failure to do so gives Skyworks the right to defend such claims at the customer's sole cost.

Skyworks makes no warranties of any kind, whether expressed or implied, including any implied warranty of merchantability or fitness of Skyworks Services for a particular purpose. Skyworks takes no responsibility for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever, including, but not limited to, loss of use, data, information or profits from delays, non-deliveries, mid-deliveries, or service interruptions, arising out of, or in connection with, customer use or access of any site.

Skyworks may co-operate with other Internet Service Providers to discourage and resist any abuse of online procedure and policies. In the event that Skyworks learns that one of its customers is using other networks in an unacceptable way, Skyworks reserves the right to take corrective action against such customer.

4. CONTENT OF ONLINE MATERIAL

Skyworks is not responsible for, and shall not be held liable for any damages resultant of any conduct, content, communications, goods and services available on or through Skyworks Services.

5. PRIVACY OF COMMUNICATIONS

Skyworks may at all times monitor the performance of Skyworks Services electronically to ensure its facilities are operating properly.

The customer acknowledges that Skyworks has the right, but not the obligation, to monitor or disclose the contents of private communications if Skyworks, in its sole discretion, reasonably believes that such action is necessary:
(a) to comply with applicable law or valid legal processes;
(b) to protect Skyworks' rights or property;
(c) in emergencies where a person's physical safety is compromised; and
(d) to enforce the terms of this policy.
Skyworks is not obliged to inform the customer that such information has been disclosed or will be disclosed.

6. QUESTIONS AND COMPLAINTS

For any customers who may have questions or complaints regarding this Policy, please contact clientservices@skyworksinc.ca.

To report a suspected breach of this policy, please contact abuse@skyworksinc.ca.

Business Voice Acceptable Use Policy

This Acceptable Use Policy ("AUP") governs the customer's use of business voice services provided by Skyworks (the "Service" or "Services") and any devices and/or equipment used to support the Service, including without limitation, any equipment or software used in conjunction with the Service which is loaned to customer from Skyworks for customer's use solely in connection with the Service (collectively, the "Equipment").

Skyworks may amend this AUP from time to time and will update the revision date on the AUP posted at the bottom of this page. All changes will take effect within 30 days of the date of being posted. CUSTOMER'S CONTINUED USE OF THE SERVICE AFTER CHANGES ARE POSTED WILL BE DEEMED ACCEPTANCE OF THE AMENDED AUP.

Uses and Restrictions

Customer may only use the Service from customer's equipment located at customer's service location as specified in the applicable service appendix signed by customer and Skyworks. The Services are only to be used for normal business calling purposes such as person to person conversations or voice messages.

Customer is solely responsible for use of the Service provided to it by Skyworks, regardless if such use occurred without the customer's consent or knowledge.

Customer may not use the Service for:

  1. Any applications which exceed the network resources for which customer has contracted for under the applicable Service Appendix by more than 120%;
  2. Data, fax, internet access, a call centre, callback, call sell (telemarketing), auto dialer, bulk faxing or debit card services;
  3. Chat lines, multi-party lines, long-distance calls made using call forwarding and three-way calling features, multi-party conference calls, free conference calling services, or party lines or calls to pay-per-call services which impose unusually high costs on Skyworks;
  4. Illegal, fraudulent or improper purposes, criminal offences, intellectual property infringement, harassment (including annoying or offensive calls/transmissions);
  5. Any purpose intended to cause interference with Skyworks's network operations or the Services, including the fair and proportionate use of the Services by others, as determined by Skyworks, in its sole discretion, from time to time;
  6. Sustained and excessive use of the Service in a manner which is materially inconsistent with average small home office/business usage patterns to make unlimited long distance calls directed to or within certain high cost of service areas, as determined and designated as such by Skyworks, in its sole discretion, from time to time.
  7. Any activity that violates any local, provincial, federal, international or other applicable law or regulation.

If Skyworks believes, in its sole discretion, that a violation of this AUP has occurred (whether direct or indirect), it may take any responsive action it deems necessary, including suspending or terminating the Services.

Customer abuse or misuse of the Service or breach of any term contained in this AUP may result in the Service being terminated by Skyworks.

CUSTOMER IS REQUIRED TO CONTACT SKYWORKS BEFORE USING ANY MEDICAL MONITORING DEVICES THROUGH THE SERVICE.

Service Interruptions

Skyworks does not warrant uninterrupted use of the Service. Customer is responsible to ensure that any customer provided equipment used with the Service is compatible with the Equipment and the Service. Most importantly, some equipment may not operate if there is a power failure, resulting in customer losing the ability to use the Service, including access to 9-1-1 emergency services until the power is restored. A power failure or disruption in the Service may require Skyworks to reset or reconfigure the Equipment prior to customer being able to utilize the Service.

Re-Sold Service

Where re-sold telephone service is being provided to customer by Skyworks, as all or part of the Service: (i) maintenance for the local and long distance telephone service may be provided by parties other than Skyworks; and (ii) all local and long distance telephone services may be subject to the terms and conditions imposed by the primary service provider (including applicable tariffs) with respect to the Service. Skyworks reserves the right to provide re-sold local phone service as a Skyworks local service.

Automatic-Dialing Announcing Devices

Skyworks enforces all Canadian Radio-television and Telecommunications Commission rules on Automatic- Dialing Announcing Devices ("ADAD") and unsolicited voice and facsimile calls made for the purpose of solicitation. The use of ADAD to make unsolicited calls for the purpose of solicitation, or to place calls to emergency lines or healthcare facilities is strictly prohibited. If customer violates these restrictions or those posted by the Canadian Radio-television and Telecommunications Commission Skyworks may terminate the Service immediately.

The same restrictions that apply to ADAD apply to unsolicited voice and facsimile calls made for the purposes of solicitation. Persons placing unsolicited voice or facsimile calls to solicit are to ensure that an individual's request not to be called again is respected. The individual's name and telephone number must be removed from calling lists within 30 days of receipt of the request.

Directory Service

  1. Customer's name, address and telephone number(s) will be published in the telephone directory for customer's area unless customer contacts Skyworks to advise it does not wish its information to be published in the telephone directory.
  2. In the case of errors or omissions in customer's name, address or telephone number(s) in the directory listings, whether or not the error or omission is with regard to telephone number, address, individual or business name, Skyworks is only responsible to provide customer a refund or credit of any charges associated with the listings in question for the period during which the error or omission occurred.

Provision of 9-1-1 Access

  1. Customer may use the Service to receive access to emergency services through the 9-1-1 service provider. The emergency 9-1-1 fee charged by the municipality may be billed by Skyworks each month as part of customer's monthly charge for the Service or may be billed directly to customer by the municipality.
  2. Emergency 9-1-1 service will not be accessible during any suspension or interruption of the Service, including as a result of a power failure.

Skyworks's Liability

Skyworks shall not be liable for:

  1. any interruption or unavailability of the Services, including, without limitation, any interruption or unavailability of emergency 9-1-1 service;
  2. any act or omission of any third party including, but not limited to, any other local telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities or services;
  3. your conduct, acts or omissions;
  4. Skyworks's failure, for any reason, to activate the Services on the activation date requested;
  5. any defacement of, or damage to, your premises resulting from the attachment of any instruments, apparatus or associated wiring and/or the Equipment furnished by Skyworks, or removal thereof, when such defacement or damage is not wholly caused by Skyworks's negligence;

Telephone Numbers

Skyworks reserves the right to modify or change telephone numbers, if such change is required by the Canadian Numbering Association or any other governing body responsible for regulating telephone numbers in Canada. In the event Skyworks is required to modify or change any telephone number, Skyworks will not be liable to compensate customer for any costs resulting from such changes.

Security Codes

Customer is solely responsible to maintain the confidentiality of any security codes for customer's voice mail or other accounts.

Equipment Installation, Maintenance and Return Responsibilities

  1. Skyworks may install the Equipment within customer's premises. The Equipment supplied by Skyworks to customer is to be used solely for use of the Service and will at all times remain the property of Skyworks.
  2. Customer is responsible to supply, at its sole cost and expense, all telephones required for customer's use of the Service, all medical and security monitoring devices, fax machines, and any wiring inside customer's premises which is required to connect to the Service. Skyworks has no obligation to maintain or repair any facilities or equipment owned by customer. It is customer's responsibility to ensure that any customer supplied equipment is compatible with the Equipment and Service provided by Skyworks, and customer will be solely responsible if its equipment interferes with or causes the Service to fail for any reason whatsoever.

Customer Relocation

If customer relocates its office within Skyworks's serving area and customer wishes to transfer the Service, including customer's current telephone number(s), to the new premises, customer must give a minimum of thirty (30) business days advance notice to Skyworks' customer service department at 1-403-800-2036. Customer may only transfer telephone number(s) within the same rate center. The ability to transfer the Service to customer's new premises is dependent on the availability of the Service at the new location and access to the building. If sufficient advance notice is not received, Skyworks may not be able to provide the Service on the date of customer relocation.

Confidentiality

Skyworks may disclose information as may be required to: a) satisfy any legal, regulatory or other governmental request; b) operate the Service properly; or c) protect Skyworks or its customers, in accordance with the guidelines set out in Skyworks's Privacy Policy, posted on its website at www.skyworksit.ca.

Unless a customer provides express consent, or disclosure is pursuant to a legal power, all information kept by Skyworks regarding the customer, other than the customer's name, address and listed telephone number(s), is confidential and may not be disclosed by Skyworks to anyone other than: a) the customer; b) a person who, in the reasonable judgment of Skyworks, is seeking the information as an agent of the customer; c) another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; d) a company involved in supplying the customer with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or e) an agent retained by Skyworks in the collection of the customer's account, provided the information is required for and is to be used only for that purpose.

In order to provide customers with greater control over their privacy, Skyworks offers the following privacy enhancing features: Name and Number Display, Name and Number Block, Last Call Return and Call Trace. All of these features may not be available to every customer, and if available, some restrictions may apply. For details on the availability and use of these features please contact our customer service department at 1-403-800-2036.

‍