This Acceptable Use Policy (“Policy”) is an integral part of your Hosting Agreement with Skywave. By using Skywave services, you agree to abide by the rules set forth in this Policy. Engaging in prohibited activities may result in suspension or termination of your account without prior notice. Skywave also reserves the right to cooperate with law enforcement investigations where applicable.

Skywave may modify this Policy at any time.
Changes will be effective upon posting on our website.

Prohibited Uses of Skywave Systems and Services

Illegal Activities

Transmission, distribution, or storage of material in violation of applicable law or regulation is strictly prohibited. This includes, but is not limited to:
– Unauthorized use of copyrighted, trademarked, trade secret, or otherwise protected material.
– Obscene, defamatory, or threatening material.
– Child sexual abuse material (CSAM), promotion of terrorism or violent extremism, fraudulent schemes, or phishing content.
– Material that violates export control laws.

Unsolicited Bulk Email (Spam)

– Sending Unsolicited Bulk Email (“UBE” or “spam”) through Skywave servers is prohibited.
– Sending UBE via other providers that advertises or references any Skywave-hosted service is likewise prohibited.
– Accounts may not be used to collect replies to spam sent from other networks.

Unconfirmed Mailing Lists

– Subscribing email addresses to any mailing list without the express and verifiable consent of the address owner is prohibited.
– All lists must be Closed-loop (Confirmed Opt-in), with confirmation records retained for as long as the list exists.
– Purchasing or using third-party email lists for Skywave-hosted domains is prohibited.

Malicious Software or Tools

Advertising, transmitting, or distributing software, programs, or services intended to violate this Policy or another provider’s AUP is prohibited. Examples include tools for spamming, flooding, denial-of-service attacks, or mail-bombing.
– Distribution of viruses, worms, trojans, keyloggers, spyware, or any malicious code is prohibited.
– Operating “open” proxies, mail relays, or DNS resolvers that can be abused by others is prohibited.

Association with Known Spammers

Operating accounts on behalf of, in connection with, or reselling services to persons or entities listed in the Spamhaus Register of Known Spam Operations (ROKSO) is prohibited.

Unauthorized Access (“Cracking”)

Attempts to access accounts, systems, or resources not belonging to you are prohibited.
– Port scanning, packet sniffing, and traffic interception are not permitted.

Fraudulent Service Use

Obtaining or attempting to obtain service with intent to avoid payment is prohibited.

Data Tampering

Unauthorized access, alteration, or destruction of data belonging to Skywave customers or end-users is prohibited.

Harassment and Denial-of-Service

Engaging in activities designed to harass or disrupt another user’s service (e.g., synchronized number sequence attacks, denial-of-service) is prohibited.

Network Interference and Resource Abuse

– Using Skywave services in a manner that interferes with the use of the network by other customers or authorized users is prohibited.
– Excessive bandwidth consumption, operation of servers or services that degrade network performance, or other resource abuse may result in traffic management, suspension, or termination.

Impersonation and Forgery

– Forging email headers, TCP/IP packet headers, or otherwise misrepresenting the origin of traffic is prohibited.
– Impersonation of another person, business, or entity in connection with Skywave services is prohibited.

Unauthorized Resale and Third-Party Use

– Customers may not resell, share, or provide Skywave services to third parties without prior written authorization.
– Operating as a downstream ISP or providing unlawful VPN/proxy services is prohibited.

Customer Responsibility

– Customers are responsible for the actions of their users, representatives, and end-users.
– By accepting service, customers agree to enforce compliance with this Policy among their users.
– Complaints regarding misuse will be forwarded to the customer’s designated contact (e.g., postmaster).
– Skywave reserves the right to take action—including suspension or termination of services—without notice, in response to violations.
– Skywave also reserves the right to investigate suspected violations and may disclose information to law enforcement when required by law or deemed necessary to protect the network.

Copyright & DMCA Compliance

Skywave complies with the Digital Millennium Copyright Act (DMCA). In accordance with the DMCA, Skywave has designated an agent to receive notifications of alleged copyright infringement.

Designated DMCA Agent

Legal Department

Skywave Wireless, Inc.

121 S Main St

West Point, NE 68788

Phone: (402) 372-1975

If you believe that material available through Skywave’s services infringes your copyright, you may file a notification with our Designated Agent. To be effective, your notification must include the information required under 17 U.S.C. § 512(c)(3).

Governing Law

This Policy shall be governed by and construed in accordance with the laws of the State of Nebraska, without regard to conflict-of-law principles.