Terms and Conditions

Acceptable Use Policy

Yellowknife Wireless asks that you read this policy carefully and fully. The object of this acceptable use policy is to act as an agreement between you the customer and Yellowknife Wireless, an Oregon Limited Liability Company. If the customer fails to adhere to the following policy Yellowknife Wireless reserves the right to suspend or terminate your Internet service at any time.

Please find listed below the terms and services of the Yellowknife Wireless Acceptable Use Policy. By using the Yellowknife Wireless service you agree to these terms and conditions. Yellowknife Wireless can update this policy at any time without notice or forewarning.

The acceptable use policy (“AUP”) below has the purpose to ensure a responsible use of the network and its resources, and to avoid practices that degrade the usability of the network. It concerns the image and reputation of Yellowknife Wireless Company, LLC operating under the name and hereafter referred to as Yellowknife, as a responsible service provider by taking care of the security, reliability, and privacy of Yellowknife’s systems and network.

The here under mentioned rules compose a policy for the use of the systems and the network that is considered to be acceptable. The Acceptable Use Policy (AUP) can be adapted to follow the evolution in technology, possibilities, and Internet capabilities.

All Customers of Yellowknife are required to be familiar with this policy. This document is posted at the Yellowknife website http://www.ykwc.com/new/support/internet/aup.html and may be revised as necessary. Upon initial acquisition of Yellowknife service, the Customer shall be directed to this policy, and the Customer shall become responsible for its contents. Use of Yellowknife Internet services in any form constitutes acceptance of this Acceptable Use Policy and agreement to adhere to it.

Yellowknife believes that the First Amendment rights of free speech, freedom of the press, and freedom of association apply to the Internet to the same degree as they do to print media. Yellowknife has no intention of infringing upon those rights.

Overall principle

a. The Customer may only use the network for lawful purposes. The use of the Yellowknife network or systems in violation of any federal, state, or local law is prohibited. This includes, but is not limited to, transmission of copyright material without consent of the copyright owner, material legally judged to be threatening, and material protected by trade secret, whether or not the Customer was aware of the content of the material or of the relevant law. In addition Internet use must be compliant with the terms and conditions of the Yellowknife service.

b. Yellowknife reserves the right to remove any material or data and to block the use of the network for one or more users when their use or purpose does not meet the AUP.

c. The Customer will indemnify and hold Yellowknife harmless from any claim brought by third parties alleging that use of the network by the Customer has infringed any applicable United States or international legislation or regulation. The Customer shall defend and pay all costs, damages, awards, fees (including legal fees) and judgments finally awarded against Yellowknife arising from such claims. The Customer shall give Yellowknife notice of any claim he is involved with or aware of.

d. Yellowknife will not communicate its customers’ e-mail addresses or other personal identification to any third party without prior written approval. Exceptions are made within the scope of judicial investigations to which Yellowknife will fully cooperate.

e. Internet traffic passes through multiple networks from source to destination. Yellowknife cannot guarantee the privacy of Customer traffic that passes over the Internet. Yellowknife will not be held responsible for the privacy of data transmitted or received by the Customer.

The network

a. The Customer acknowledges that Yellowknife is unable to exercise control over the content of the information passing over the Yellowknife network. Therefore, Yellowknife is not responsible for the content of any message whether or not the posting was made by a Yellowknife customer.

b. The Yellowknife network may be used by the Customer to link into other networks worldwide and the Customer agrees to conform to the acceptable use policies of these networks.

c. The Customer may not circumvent user authentication or security of any host, network, or account (referred to as “cracking” or “hacking”), nor interfere with service to any user, host, or network (referred to as “denial of service attacks”).

d. Customers who violate systems or network security may incur criminal or civil liability. Yellowknife will fully co-operate with investigations of suspected criminal violations, violations of systems or network security under the leadership of law enforcement authorities.

e. Yellowknife will not tolerate the distribution of computer viruses, spyware, trojans, or other destructive programs.

f. Without prejudice to the foregoing, Yellowknife considers that any application that creates unnecessary or excessive load to the network by whatever means will be considered as making profligate use of the network and is as such NOT allowed. Use of IP multicast other than by means provided and coordinated by Yellowknife is likewise prohibited.

g. Harassment or abusive use of e-mail, IRC, Instant Messaging, and other Internet services is a serious misuse of Internet resources. Yellowknife will handle incidents of harassment on a case-by-case basis, consulting with the parties involved.

h. The Customer acknowledges that Yellowknife has no control over the privacy of the Customer’s Internet traffic. Encryption techniques involving either IPsec, SSH, SSL or PGP are currently recommended for sensitive data.

Electronic Communications

a. It is explicitly prohibited to send unsolicited bulk mail and unsolicited bulk messages (“junk mail” or “spam”) of any kind (commercial advertising, political tracts, announcements.)

b. Customers are prohibited from forging header information.

c. It is explicitly permitted to send bulk mailings to individuals who have an existing relationship with you or your company. It is also permitted to send bulk mailings to individuals who have expressly solicited for information from you or your company, and only when that request came directly from the individual and not via a third party. Yellowknife considers the usage of solicitations obtained via third party to be a strong violation of our policy.

d. Yellowknife requires that bulk mailings provide a clear, simple, free, and effective procedure to be removed from all future mailings.

e. Attempting to circumvent the above rules by using a non-Yellowknife Internet connection, by relaying messages through a third-party server, or by allowing a third party to originate the e-mail or news posting is not acceptable. The Customer is in breach of this rule if an unsolicited bulk mailing directs viewers to material made available via services provided by the Yellowknife network (such as web hosting,) regardless of where the mailing originated, or from whom it was sent.

f. These rules apply to any Internet-based distribution medium and any application using the Internet (including, but not limited to, e-mail, Usenet news, web-based discussion forums, and instant messaging.)

Warranties

a. Yellowknife makes no warranties of any kind, whether expressed or implied, for its services. Yellowknife specifically disclaims any implied warranties of merchantability or fitness for any particular purpose.

b. Yellowknife will not be held responsible for any losses or damages resulting from delays, non-deliveries, mis-deliveries, service interruption, or Customer’s or Yellowknife’s errors or omissions.

c. Yellowknife will not under any circumstances be responsible for consequential damages.

d. Yellowknife reserves the right to suspend or terminate accounts for any reason, if, in Yellowknife’s opinion, the Customer is disrupting or threatening the operation of this site and/or the Internet or its components.

Applicability

a. This policy cannot be superseded by any verbal agreements of Yellowknife employees or customers.

b. Any agreement modification or special changes to this AUP must be in writing and signed by an official manager of Yellowknife.

Jurisdiction

a. The validity, construction and performance of this AUP and Customer’s agreement to abide by this AUP shall be governed by the laws of the State of Oregon.

Severability

a. If any provision of this policy is held by a court to be contrary to law, the remaining provisions will remain in full force and effect.


Questions about this policy should be sent via E-mail to support@ykwc.com

Reports of activities considered to be violating this policy may be sent via e-mail to abuse@ykwc.com  or via phone to (541) 385-0111

version 1.0, last revision 2/12/2009