Terms and Conditions

Subscriber Terms of Service Agreement
GigaBeam Networks, LLC

 

This is an agreement made between GigaBeam Networks, LLC,a Virginia limited liability corporation located at 387 Old Virginia Avenue, Rich Creek, VA  24147, and _______________ (hereinafter referred to as “Customer”. By ordering Internet service from GigaBeam or by using equipment or services provided by GigaBeam, Customer accepts the terms and conditions contained in this Agreement and agree to comply with its requirements. This agreement is effective upon the Activation Date specified on the “Internet Service Application”, and remains in effect for __________ or until terminated by either party according to the termination provisions specified herein.

Definitions: “Customer”, “Subscriber”, “You”, “Yours”, or “Yourself” means a person, corporation, or legal entity that contracts for or uses GigaBeam’s network.  “GigaBeam Networks”, “GigaBeam”. “Company”, “Us”, “We”, or “Ours” means GigaBeam Networks, LLC, 387 Old Virginia Avenue, Rich Creek, VA  24147. “Service” is defined as the use by the Subscriber of network connectivity and information services provided by Company and any access to services provided by others via the Global Internet or private interactions.   “User” is you or anyone you allow to gain access to the Service from your premises, whether or not they have your consent. “Internet Service Application”, or “ISA” is the service order form containing the specific details of connection speed, contract length, fees, payment arrangements, and other information needed to provision service.

Provision of Services: GigaBeam will provide services on its computing and network systems and also provide the installation of necessary equipment (which includes but is not limited to radio or ONT, cables, connectors, antennas & standard mounting equipment) to you in exchange for payment of fees as described on the ISA, and compliance with the terms and conditions of this agreement and other Company policies. Your right to use the Service is not transferable.

Installation: The Service requires the installation of equipment at your premises and may require permanent modification of the premises to install cables, outlet boxes, antenna mounts, or other items. You agree to allow GigaBeam employees or contractors to install required equipment in the manner necessary to successfully deliver the service. We will make every commercially reasonable effort to provide a fully operational Service within 14 days of initial installation.  This may require adjustments to the equipment such as relocation or re-aiming of the outdoor antenna, re-termination of cables, or configuration changes on the radio transceiver. In some situations, it will not be possible to establish a reliable link due to trees, buildings, or other obstructions. If we are unable to make the Service fully operational within 14 days after initial installation, either party may terminate this Agreement at no cost to either party. It is your responsibility to obtain any required permits or to gain landlord approval for the placement of the antenna and installation of equipment at your premises. GigaBeam is not responsible for property contract violations or other results of this installation if you or your affiliates propose ownership or false landlord.

Payment Policies & Terms: Billing will be done as set forth on the ISA form.  For email and US Mail billings, you will be billed on approximately the 10th of each month for the next month’s service. Payment is due to us by the 5th day of the service month.  Accounts not paid by the 5th day of the month are subject to a ten percent (10%) late fee.  Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent.  Delinquent accounts shall be charged interest at the rate of 1½% per month (18% APR) on all unpaid amounts.  In addition, Subscriber’s internet access service will be suspended.  Charges for accounts that are terminated, by either you or GigaBeam, are not prorated and are due for the entire month. Accounts not paid by the 5th of the service month will be subject to termination.  To reactivate a delinquent account, a Fifty dollar ($50.00) re-connection fee will be assessed on any suspended account.  Reactivation of a connection that has been placed on accounting hold requires full settlement of the unpaid balance and payment of the re-connection fee.  All payments made to GigaBeam are non-refundable.

Account Termination: You may terminate this Agreement by submitting a written request for termination to GigaBeam via the email address, physical location, or postal address listed on our Web site. Requests received by GigaBeam prior to the close of business on the twenty-fifth day of the month shall have a termination date as of the first day of the month following the receipt of the termination request.  Termination requests received by GigaBeam on the twenty fifth day of the month or thereafter shall have a termination date as of the first day of the second month following the date of the receipt.  Any subscriber agreement terminated under this provision shall be subject to a termination fee equal to thirty (30) percent of the remaining monthly fees due under this agreement from the date of the termination to the end of the agreement term.  Termination fees shall be due within fifteen (15) days of the termination date.  Fees not paid within fifteen days shall be deemed delinquent and subject to the finance charge specified in the “Payment Policies & Terms” paragraph. This Agreement and your use of the Service may be terminated by us at any time with or without notice to you for any reason, including, without limitation, nonpayment of fees, or if we believe that you have violated or acted inconsistently with the letter or spirit of this Agreement or the Acceptable Use Policy.

Equipment & Scope of WorkAll equipment deployed and provided by GigaBeam at your premises, (radios, ONTs, antennas, routers & standard mounting equipment, etc), will at all times remain the property of GigaBeam. Customer shall not attempt modifications, adjustments, configuration changes, or otherwise tamper with our equipment. You may not sell, transfer, lease, encumber or assign all or part of the equipment to any third party. Customer will pay one thousand dollars ($1,000), or the cost of repair at our sole discretion, of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered, or assigned equipment or part thereof, together with any costs incurred by us in obtaining or attempting to obtain possession of any such equipment. You agree to allow GigaBeam to collect this recovery fee from your on-file credit card.  Upon termination of this Agreement, you authorize us to retrieve GigaBeam owned equipment from your premises for the collection fee of fifty dollars ($50). We may elect to remove only the items that we deem to be valuable or reusable, and items such as in-wall junction boxes, cable, and brackets may, at the our sole discretion, be left in place. We are not obligated to return your premises for any specific condition.  Customers may also elect to return GigaBeam specified equipment and materials to GigaBeam’s office locations and the collection fee will be waived.

Functionality and Standard Maintenance: The demarcation point (“demarc”) for this service is the Ethernet port nearest the Ethernet port of the radio transceiver/ONT at your premises (the POE injector), or router if utilitizing our GigaFi service.  The technical support that we provide is limited to the connectivity itself. Support for other applications, any devices in customer’s home, and uses is not provided or implied unless it is a specifically contracted service. The Service will be considered to be fully operational and acceptable to you if GigaBeam owned diagnostic equipment connected at the demarc can transfer data to and from our Internal servers at the data rates specified in the ISA. Any trouble on your side of the demarc is the responsibility of you, your Network Administrator or vendor. Standard maintenance is limited solely to GigaBeam’s network and backbone connectivity. If your connection ceases to function properly after it has been tested and shown to be working, but our network is still functioning properly, a technician will be sent to diagnose the problem. If the problem is due to your negligence, or any of those items listed in the “Not Covered by Standard Maintenance” section, you will be billed for all labor, materials, and equipment required to restore the Service to full functionality.

Not Covered by Standard Maintenance Plan: Maintenance, repair or replacement of parts damaged or lost through act of God, catastrophe, accident, terrorism, war, lightning, neglect, misuse, theft, fault or negligence by you, or causes external to the network, such as, but not limited to failure of, or faulty, electrical power or air conditioning, operator error, or malfunction of your computer and/or peripheral equipment, or from any cause related to or other than the intended and ordinary use is not covered. Antenna re-aiming due to obstructions such as trees or buildings, or storm related damage is not covered, and we are not responsible for obstructions that may grow or be erected at your premises or elsewhere which may cause the radio signal to be blocked and the Service to degrade or become non-operational.  Any re-aiming of antennas, or reconstruction of tower/mast assemblies will be billed to you at our standard hourly rates and may be subject to equipment costs. GigaBeam is not liable for any damage to property as a result of above occurrences.

Service Outages: Routine maintenance and periodic system repairs, upgrades, and reconfigurations, public emergency or necessity, terrorism, upstream provider problems, restrictions imposed by law, acts of God, force majeure, labor disputes and other situations, including mechanical or electrical breakdowns may result in temporary impairment or interruption of service. GigaBeam does not guarantee continuous or uninterrupted service and reserves the right to occasionally reduce or suspend service without notice.

Use of Services: You acknowledge and agree that certain content may be accessible through the Service which may contain material that is unsuitable for minors (persons under 18 years of age) and GigaBeam is not responsible for content delivered by the service with regard to copyright, obscenity, safety, integrity or reliability. You agree to supervise usage of the Service by any minors whom you may permit to use the Service. Other members of the family or business must make any requests through the account owner. You agree to use this service only for lawful purposes. The transmission or reception of any material in violation of any local, state, federal, or international law or regulation is prohibited. This includes, but is not limited to, copyrighted material, threatening or obscene material, material protected by trade secret, or material that infringes upon the rights of others. You agree not to use any connectivity or computing resources provided by us to interfere with or disrupt network users, services, or equipment, on our network or on any other network reachable via the Internet. GigaBeam does not promise or guarantee the security of your computer systems. You agree to accept all responsibility for protecting your computer systems from all harmful activity that may occur due to its connection to the Internet. You may not resell connection or bandwidth without specific written agreement from us. You may not provide connection or bandwidth to any network device not physically located within the premises. You are ultimately responsible for any and all activity that originates from your Internet connection regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests, employees, contractors, or visitors. This also applies to security breaches of your own system by others who launch attacks from your computers. Should you violate any provision of this section, GigaBeam, at its sole, discretion may immediately suspend services to you and/or terminate this agreement. Our liability for termination of this Agreement under this provision shall be solely limited to a refund to you of any unearned prepaid service fees, less termination fees specified in the “Account Termination” section. GigaBeam shall not be liable for any incidental or consequential damages as a result of the termination of the Agreement under this provision.  Use of the Service is also governed by GigaBeam’s Acceptable Use Policy and Privacy Policy.  Copies of both policies are available at www.gigabeam.net.

Bandwidth Utilization and Connection Speed: Overall network performance is determined partially by the amount of bandwidth Subscribers use. GigaBeam can normally balance available bandwidth and Subscriber utilization to provide excellent service to all Subscribers. Subscribers will not be charged for bandwidth consumed on unlimited plans, and GigaBeam does not have specific limits or caps on bandwidth other than as defined in your Subscriber Service Agreement. If you use any GigaBeam service in a manner which consumes excessive bandwidth or affects our core equipment, overall network performance, or other Subscribers’ services, we may require that you cease or alter these activities, or pay additional fees for consumption of these resources. The “Connection Speed” specified in the ISA is the Maximum Information Rate that the connection will provide, but is not a guaranteed minimum rate. GigaBeam charges for its service continuously regardless of whether or not you are using it.

Appropriate Use: Subscribers are prohibited from engaging in certain activities on GigaBeam network. We maintain a separate policy document, which describes these activities. That document, the GigaBeam Networks Acceptable Use Policy (AUP), is incorporated herein by reference. The AUP is subject to revision by us from time to time at our sole discretion. Although we will make an effort to notify you of any additions to, deletions from or changes in the policies, it is your responsibility to periodically review the AUP. The most current AUP is always available on our web site and accessible 24 hours a day at www.gigabeam.net.

LIMITATION AND DISCLAIMER OF LIABILITY AND WARRANTIES: GIGABEAM DOES NOT WARRANT THAT ITS SERVICES WILL MEET ANY SPECIFIC SUBSCRIBER REQUIREMENT, OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED. GIGABEAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST DATA, INFORMATION, OR PROFITS) SUSTAINED OR INCURRED IN CONNECTION WITH THE INSTALLATION, USE, OPERATION, OR INABILITY TO USE THE SERVICE, WHETHER CAUSED BY WVVA.NET INC’S OWN NEGLIGENCE, OR BY YOUR ERRORS OR OMISSIONS. GIGABEAM ASSUMES NO RESPONSIBILITY FOR THE CONTENT CONTAINED ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE WIRELESS NETWORK OR FROM ANY SOURCE ACCESSIBLE VIA GIGABEAM’S SERVICES. GIGABEAM DISCLOSES AND YOU ACKNOWLEDGE THAT THERE MAY BE CONTENT ON THE INTERNET OR OTHERWISE AVAILABLE THROUGH THE SERVICES PROVIDED BY WVVA.NET INC WHICH MAY BE OFFENSIVE TO SOME INDIVIDUALS, WHICH MAY NOT BE IN COMPLIANCE WITH LOCAL, STATE OR FEDERAL LAWS, RULES OR REGULATIONS, INCLUDING BUT NOT LIMITED TO PORNOGRAPHIC CONTENT, OR OTHERWISE INAPPROPRIATE OR SEXUALLY EXPLICIT OR OFFENSIVE CONTENT. YOU ACKNOWLEDGE TO GIGABEAM THAT YOUR USE OF GIGABEAM’S SERVICES TO ACCESS INFORMATION, CONTENT OR OTHER SERVICES IS AT YOUR OWN RISK. ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY EXCLUDED.

Indemnification: You shall indemnify and hold harmless GigaBeam and any of its underlying service providers, information providers, licensors, employees, contractors, officers, directors, or shareholders from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your use of the Service, or any act, error, or omission by you or any user of your account in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; any defective product or any injury or damage to person or property caused by any products sold or otherwise distributed through or in connection with the Service; or violation of any applicable law.  Limitation Of Liability: In the event that a court should hold that the limitations of liabilities or remedies available as set forth in this Agreement, or any portions thereof, are unenforceable for any reason, or that any remedies under this Agreement fail of their essential purpose, you expressly agree that under no circumstances shall our total liability to you or any party claiming by, through or under you for any cause whatsoever, and regardless of the form of action, whether in contract or in tort, including negligence, in the aggregate, exceed the amount of charges paid by you for use of the Service under this Agreement during the twelve-month period preceding the date such claim first arose.

Other Services: We may make certain other resources, such as Web services, email services, and UseNet news services available as features of our Service. If you use these resources, you shall indemnify and hold harmless GigaBeam from and against any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, including reasonable attorneys fees, arising from or relating to your Web pages, email, or UseNet news postings or an end user’s use thereof, or any act, error, or omission of yours in connection therewith, including, but not limited to, matters relating to incorrect, incomplete, or misleading information; libel; invasion of privacy; infringement of a copyright, trade name, trademark, service mark, or other intellectual property; or violation of any applicable law.  Privacy and Law Enforcement: GigaBeam will not trade, sell, or disclose to any third party any form of your specifically identifiable information without your consent (except as required by subpoena, search warrant or other legal process or in the case where failure to disclose information will lead to imminent harm to you or others). This includes information derived from registration, subscription, and use of the Service. We may collect and use your specifically identifiable information for billing, provisioning of service, to solve problems associated with service, and to inform you of new products or services that will better meet your needs. We will use this information to market products and services to you, but will not disclose or make available any specifically identifiable information to any third parties seeking to market products. If you choose not to participate in direct marketing of new products and services from us, that information will not be used for the purpose of marketing new products. We will cooperate with law enforcement officials in the pursuit of information or access to data when presented with appropriate authorization from a court having jurisdiction over the subject matter. You release and hold GigaBeam harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, to such law enforcement officials. We will cooperate with requests for information accompanying subpoenas or similar court orders for disclosure of information in civil cases. You release and hold GigaBeam harmless for any disclosure of information, including personally identifiable information, e-mail, confidential information or contact information, in response to such subpoenas or court orders.  Governing Law and Venue: The laws of the Commonwealth of Virginia shall govern the terms of this Agreement. The parties hereto stipulate and agree that the exclusive venue for the resolution of all disputes concerning this Agreement shall be in Giles County, Virginia.  Arbitration & Attorneys Fees: You agree that any controversy or claim arising between us out of or relating to this Agreement shall be settled exclusively by arbitration. Such arbitration shall be conducted in accordance with the commercial arbitration rules then in force of the American Arbitration Association. The arbitration award shall be final and binding on both parties. Judgment upon such arbitration award may be entered in any court having jurisdiction. You and GigaBeam agree that should either party bring action for enforcement, interpretation or otherwise under this Agreement the prevailing party in such action shall be entitled to its attorney’s fees and costs including those incurred in any appeal. If any provision or provisions hereof shall be held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remaining provisions shall not be in any way affected or impaired thereby. No action, regardless of form, arising out of the Service or this Agreement may be brought by you or any party claiming by, through or under you more than one year after the cause of action has arisen.

Legal Forms:  Copies of all legal forms are available on our website at http://www.gigabeam.net/.  This includes a copy of this agreement, Acceptable Use Policy, and Privacy Policy.

Contract Term Renewal: Following the initial contract term, this contract will automatically renew monthly unless cancelled by either party five (5) business days prior to the end of the billing cycle.  We reserve the right to change subscription rates and other fees at any time including late fees, and this contract will be subject to the rates in effect at the time of rate change.

Entire Agreement: This Agreement constitutes the entire agreement between the parties and no other representations or statements will be binding upon the parties. If any part of this agreement is held to be invalid or unenforceable for any reason, the remaining terms and conditions of this Agreement shall remain in full force and effect.

Modification of Agreement:  This agreement may be modified, amended, suspended or terminated, and any terms or conditions may be waived at any time by GigaBeam.  Current agreements will be updated on the company website at www.gigabeam.net

Questions: If you have questions about this document, contact us via one of the methods described on our Web site.

 

I have read and agree to the terms of this agreement, as of           , 20

 

Permitting and Landlord Approval:  It is the Subscriber’s responsibility to obtain any required permits or to secure landlord approval for the placement of equipment on or in subscriber’s building.  GigaBeam can assist you and provide this service at an additional charge.

Landlord consents to the installation, maintenance, and removal of the Subcriber’s equipment required by Subscriber to receive GigaBeam Internet access services.

Acceptable Use Policy

What is the purpose of this document?

This is GigaBeam Networks’ Acceptable Use Policy (AUP) for GigaBeam Networks Wireless Networking. It explains some of the things you cannot do when using the Internet connection provided to you by GigaBeam Networks. The AUP is part of the GigaBeam Networks Terms of Service, and it is a binding legal document. When you order service from GigaBeam Networks and connect to the Internet through the service, you accept this policy and agree to abide by the rules it contains.

GigaBeam Networks may change this document at any time without notice. You are responsible for periodically reviewing the most current version of the AUP, which is available on the Web at http://www.gigabeam.net. New versions of this policy become effective at the time they are uploaded to our Web server.

Why is this document needed?

To comply with civil and criminal laws, and help ensure the smooth operation of GigaBeam Networks’ network and the Internet, certain types of behavior must be avoided. Some of these behaviors negatively affect network stability and security, some violate generally accepted “Internet etiquette”, and others are illegal.

The purpose of this document is to describe what kinds of behavior are not acceptable when using your GigaBeam Networks Internet connection, and to explain what will happen if you engage in these activities in violation of this AUP.

You are responsible for keeping up with the provisions of the AUP. Being aware of what constitutes unacceptable activity will enhance your on-line experience and help you become a “good citizen” of the Internet. There is nothing complicated or confusing in this document. In general, courteous, law-abiding behavior almost always falls within the limits of the AUP.

What happens if you violate the AUP?

There is no promise or obligation on GigaBeam Networks’ part to monitor or police any network activity, and we are not responsible for discovering violations of the AUP. However, if and when we discover (or are notified by others) that you have possibly violated the AUP, we will investigate.

If our investigation substantiates the claim that you have violated the AUP, we may take action ranging from a warning email to permanent termination of your service. If we issue a warning, and you continue to violate the AUP, we will terminate your service. During the investigation, we may suspend your service if the allegation is severe or jeopardizes the performance or security of GigaBeam Networks’ network or the Internet. No refunds or service credits will be issued in the event of termination or suspension of service related to AUP violations.

All decisions and actions regarding AUP violations are GigaBeam Networks’ alone.

Usage Limits 

A high-speed Internet connection provides a more enjoyable and useful Internet experience, but it also enables the transfer of very large amounts of data. GigaBeam Networks does not have specific hard limits on monthly data transfer, but we do not allow completely unlimited consumption of bandwidth. Unless you have purchased an account with guaranteed service levels for speed and transfer, you should not expect to use the entire capacity of your connection for extended periods of time.

Although we do not have specific consumption limits other that those listed in your Subscriber Service Agreement, we do monitor bandwidth utilization and consumption patterns for all subscribers. If you use your Internet service in a manner which consumes excessive bandwidth or affects GigaBeam Networks’ core equipment, overall network performance, or other Subscribers’ services, we may require that you cease or alter these activities, or pay additional fees for continued consumption of a disproportionately large share of bandwidth.

Unacceptable Conduct

You may not use your GigaBeam Networks Internet connection to do any of the following:

  • Upload, post, email or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable.
  • Violate applicable Federal, state, or local laws.
  • Harm minors in any way.
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or data.
  • Download, upload, post, email or otherwise transmit any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships, or which infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other form of solicitation.
  • Upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Attempt to gain unauthorized access to any of GigaBeam Networks’ servers or network equipment, data, accounts, or systems, or attempt to find security holes in a GigaBeam Networks system, whether these attempts are electronic or otherwise.
  • Establish servers of any type including without limitation, Web, email, games, and FTP without written permission from GigaBeam Networks.
  • Operate business class services on residential accounts. Business account rates will be charged where commercial server content or usage patterns are discovered.  Game servers on residential accounts may, at GigaBeam Networks’ discretion, be considered business use.

SPAM Policy

GigaBeam Networks has a zero-tolerance policy on the sending of Unsolicited Commercial Email (UCE), better known as spam.  We consider spam to be one of the most serious problems on the Internet today, and we choose not to do business with anyone engaged in this disreputable practice.  If you send spam through your GigaBeam Networks service, or operate software that automatically generates spam, we will terminate your account.  If you facilitate the propagation of spam through GigaBeam Networks’ network (by putting up an SMTP server with an open relay, for example), or otherwise engage in the propagation of spam using your GigaBeam Networks service, we will terminate your account.

Questions

If you have questions about any aspect of this document, contact GigaBeam Networks via one of the methods described on the Web site.

Open Internet Policy

The Federal Communications Commission (“FCC”) has adopted rules to preserve the Internet as an open platform (“Rules” or “Open Internet Rules”). Information regarding these Rules is available on the FCC’s website at: http://www.fcc.gov/guides/open-internet

Broadband Internet access providers are required to post information regarding network management practices, performance characteristics and commercial terms so that residential and business consumers can make informed choices regarding use of service and for content, application, service and device providers to develop, market and maintain Internet offerings. This Open Internet Policy sets forth certain information regarding the policies and practices of GigaBeam Networks, llc. (“GigaBeam”). This Open Internet Policy is a supplement to and is incorporated by reference in the GigaBeam Service Agreement, and in the event of any inconsistency between the Open Internet Policy and the Service Agreement, the Service Agreement shall control.

Network Management Practices

Congestion Management:  Our Customers are subject to the maximum connection speeds set forth in the Confirmation of Sale. In a manner consistent with the GigaBeam Privacy Policy, GigaBeam monitors network traffic to ensure capacity is sufficient to maintain an efficient network load, to perform diagnostics and to otherwise manage and enhance our network. GigaBeam may give priority on an unpaid basis to interactive or critical classes of traffic such as VoIP, traffic essential to the efficient operation the GigaBeam network, and traffic related to the accounts of commercial Customers or Customers with dedicated connections. GigaBeam may limit peer-to-peer applications to the extent GigaBeam determines, in GigaBeam’s sole and reasonable discretion, it is appropriate to maintain an efficient network load. Other factors that may affect a Customer’s experience include multiple Customer devices simultaneously downloading high-bandwidth applications and services. GigaBeam’s congestion management practices are in place to ensure that all Customers experience high quality service. If GigaBeam determines, in its sole and reasonable discretion, that the manner in which a Customer is using the Service negatively impacts other Customers or the GigaBeam Network, GigaBeam reserves the right to apply additional congestion management techniques.

GigaBeam’s service is provided on a “best efforts” basis. Certain circumstances may affect the speed and quality of Service, including but not limited to foliage, line-of-sight obstructions, the distance between a Customer and the transmission point and the connection of multiple devices to the GigaBeam network.

Application-Specific Behavior: Subject to the qualification that GigaBeam may reasonably limit peerto-peer applications as set forth above, GigaBeam generally treats all lawful applications identically; however, GigaBeam reserves the right to block or limit access to any applications that GigaBeam determines, in GigaBeam’s sole and reasonable discretion, may expose GigaBeam to potential legal liability, harm the GigaBeam network or otherwise interfere with or impair the experience of other Customers on the GigaBeam network.

Device Attachment Rules: GigaBeam does not limit the types of devices that can be connected to the GigaBeam network, provided they are used for lawful purposes and do not harm the GigaBeam network; however, if GigaBeam determines, in GigaBeam’s sole and reasonable discretion, that the connection of a particular type of device to the GigaBeam network negatively impacts other Customers or the GigaBeam network, or may expose GigaBeam to potential legal liability, GigaBeam reserve the right to limit or restrict Customers’ ability to connect such type of device to the GigaBeam network.

Security: The GigaBeam network is designed in a manner that is intended to prohibit third parties who are not served by the GigaBeam network from initiating connections to Customers on the GigaBeam network if GigaBeam has not allocated a public IP address to that Customer as provided in the GigaBeam Service Agreement. GigaBeam may prohibit certain activity on the GigaBeam network that GigaBeam deems, in GigaBeam’s sole and reasonable discretion, poses a potential risk to GigaBeam’s network or to other Customers. Triggering conditions include denial of service activity, IP address or port scanning and excessive account login failures. If GigaBeam notices excessive Customer connections that are harmful or that disrupt the normal use of the GigaBeam network for other Customers, GigaBeam will attempt to notify the Customer to work collaboratively to remedy the issue; however; GigaBeam reserves the right, without advance notice, to block any Customer’s traffic that GigaBeam determines, in GigaBeam’s sole and reasonable discretion, may cause harm to the GigaBeam network or to other Customers, until the issue is addressed to GigaBeam’s satisfaction.

Performance Characteristics and Terms

Service Description and Pricing: A current description of the categories of service GigaBeam offers is available here: http://www.gigabeam.net

Cancellation Fee: Certain of GigaBeam’s service offerings require a Customer to commit to a certain term of service and require the payment of a Cancellation Fee in the event the Customer does not fulfill that commitment. The Cancellation Fee will be set forth the Customer’s Service Agreement, and may be significant.

Acceptable Use: As set forth in the Service Agreement, all of GigaBeam’s service offerings are subject to the Acceptable Use and Prohibited Internet Service Activities section of the Service Agreement, which we may from time to time establish or revise.

Privacy Policy: GigaBeam’s current Privacy Policy is available here: www.gigabeam.net

Redress Options: GigaBeam endeavors to respond to all Customer concerns and complaints in a timely and fair manner. GigaBeam encourages Customers to contact GigaBeam at 866-WVVA-NET to discuss any complaints or concerns as they arise. Written complaints should be addressed to sales@gigabeam.net.

Disputes and Arbitration: The GigaBeam Service Agreement requires the use of arbitration to resolve disputes and otherwise limits the remedies available to Customers in the event of a dispute.

FCC Notice

If a Customer believes that GigaBeam is not complying with the FCC’s rules, the Customer may file an informal complaint with the FCC. The FCC urges Customers to submit any complaints via its website at the following address: http://esupport.fcc.gov/complaints.htm.

Customers also may file formal complaints with the FCC pursuant to Part 76 of the FCC’s Rules.

Additional Disclaimers

This Open Internet Policy does not affect, alter or otherwise supersede the legal status of cooperative efforts by GigaBeam that are designed to curtail infringement in response to information provided by rights holders in a manner that is timely, effective, and accommodates the legitimate interests of the company, rights holders, and end users. Furthermore, this Open Internet Policy does not prohibit GigaBeam from making reasonable efforts to address the transfer of unlawful content or unlawful transfers of content. For additional information, please review the Service Agreement.

Privacy Policy

GigaBeam knows Customers care about how their personally identifiable information (“Personal Information”) is used and shared, and GigaBeam takes Customers’ privacy seriously. Please read the following to learn more about GigaBeam’s Privacy Policy. By using the Service (as defined in the Customer’s Service Agreement) or accessing GigaBeam’s website in any manner, Customer acknowledges that Customer accepts the practices and policies outlined in this Privacy Policy, and Customer hereby consents that GigaBeam will collect, use, and share Customer’s Personal Information in the following ways. (Can be found at www.gigabeam.net )

Remember that Customer’s use of the Service is at all times subject to Customer’s Service Agreement, which incorporates this Privacy Policy by reference. Customer’s use of GigaBeam’s website is at all times subject to GigaBeam’s Website Terms of Use. Any capitalized terms not defined in this Privacy Policy will have the same meaning as defined in Customer’s Service Agreement and Website Terms of Use. (Can be found at www.gigabeam.net )

GigaBeam Services are designed and targeted to U.S. audiences and are governed by and operated in accordance with the laws of the U.S. If Customer is not a U.S. citizen or do not reside in the U.S., Customer voluntarily consents to the collection, transfer, use, disclosure and retention of Customer Personal Information in the U.S. Customer also agrees to waive any claims that may arise under Customer’s own national laws.

When Customer uses the Service, the Personal Information (as defined below) Customer sends and receives is transmitted over a wireless network, and may be subject to interception by unauthorized third parties who seek to do you harm. While it is GigaBeam’s objective to take reasonable measures to reduce the risk that unauthorized third parties will be able to intercept the information Customer sends and receives through the Service, GigaBeam cannot and does not make any guarantee that transmissions over the Internet are 100% secure or error-free.

GigaBeam recommends that Customers use caution when sending any Personal Information over the Internet and use encryption technology whenever possible, such as websites that have the “https” designation in the website’s address bar and show a padlock icon in the browser’s window.

GigaBeam does not knowingly collect, solicit or use Personal Information from anyone under the age of 13. If Customer is under age 13, please do not attempt to register for the Services or send any Personal Information about yourself to GigaBeam. If GigaBeam learns that GigaBeam has collected Personal Information from a child under age 13, GigaBeam will delete that information as quickly as possible to the extent technically feasible. If Customer believes that its child under age 13 may have provided GigaBeam Personal Information, please contact GigaBeam at sales@gigabeam.net.

What types of information does this Privacy Policy cover?

GigaBeam collects various types of information about Customers and Customers’ use of the Service via the GigaBeam website, Help Desk and call centers, postal mail, remote kiosks, the GigaBeam Facebook Page or other social network platforms or by other means, generally classified as Personal Information and Non-Personal Information.

Generally, GigaBeam gathers and uses Personal Information internally in connection with providing the Service to Customer, including to personalize, evaluate and improve the Service and GigaBeam’s ability to provide the Service to Customer, to contact Customer, to respond to and fulfill Customer requests regarding the Service, and to analyze how Customer uses the Service.

GigaBeam may share Customer’s Personal Information with its Affiliates and with other third parties as described below:

What Information does GigaBeam collect and how does GigaBeam use this Information?

Personal Information Personal Information is the information Customer provides to GigaBeam voluntarily or passively through Customer use of the Service and/or website, and which is directly associated with or reasonably linked to a specific person, computer or device. For example, through the registration process, when the equipment to provide the Service is installed, maintained or upgraded at Customer’s premises, when Customer contacts GigaBeam regarding the Service, and through Customer account settings, GigaBeam collects Personal Information such as Customer name, email address, phone number, billing address and billing information (such as credit card account number or other financial account information), service address, and the nature of any of Customer devices or other property making use of the Service. Customer may be required to provide certain Personal Information to GigaBeam in order to register with GigaBeam, to assist GigaBeam in improving Customer’s Service or troubleshooting problems Customer is experiencing with the Service, Customer computer or device, or otherwise to improve the quality of the Service.

GigaBeam will communicate with Customer if Customer has provided GigaBeam the means to do so. For example, if Customer has given GigaBeam Customer’s email address or phone number, GigaBeam will email or call Customer about Customer use of the Service or product improvements or upgrades, and other transactional information about Customer Service.

GigaBeam may also combine Customer Personal Information with additional Personal Information obtained from GigaBeam Facebook Pages or other social network platforms, its Affiliates, its Operational Service Providers (third party owned companies that provide or perform services on GigaBeam’s behalf, to help serve Customer better and to perform functions in order to support GigaBeam businesses and operations), or other companies, such as credit bureaus, background check firms, and marketing research companies.

Some forms of Non-Personal Information as described below will be classified as Personal Information if required by applicable law or when such information is directly associated with or reasonably linked to a specific person, computer or device, or is combined with other forms of Personal Information.

Non-Personal Information

Website Information, Use of Cookies and other Similar Tracking Technology

When you visit GigaBeam’s website, GigaBeam will collect various types of Non-Personal Information, such as information on GigaBeam server logs from Customer’s browser or device, which may include Customer IP address, unique device identifier, “cookie” information, the type of browser and/or device you’re using to access the Service, and the page or feature Customer requested. (IP Address and device identifiers are traditionally classified as Non-Personal Information, unless GigaBeam is required to do so otherwise under applicable law.) Cookies” and “web beacons” are text file identifiers GigaBeam transfers to Customer’s browser or device that allow GigaBeam to recognize Customer’s browser or device and tell GigaBeam how and when pages and features on the GigaBeam website are visited, by how many people, and other activity on the website.

Customer can change the preferences on Customer’s browser or device to prevent or limit Customer’s device’s acceptance of cookies, web beacons or other similar technology, but this may prevent Customer from taking advantage of some of the features on the GigaBeam website, or accessing certain functions and conveniences. If Customer clicks on a link to a third party website or service, such third party may also transmit cookies to Customer. Again, this Privacy Policy does not cover the use of cookies or other such tracking technology by any third parties, and GigaBeam is not responsible for their privacy policies and practices.

GigaBeam also uses Personal Information and Non-Personal Information to enhance the GigaBeam website and GigaBeam Service offerings. For example, such information can tell GigaBeam how often visitors use a particular feature of the GigaBeam website and which products and services are most interesting to current and potential customers, and GigaBeam can use that knowledge to make the website useful and interesting to as many users as possible and to enhance and refine GigaBeam’s Service offerings. GigaBeam will continue to conduct analytics on GigaBeam website performance; Customer may not opt-out of this use of cookies or other Personal Information or Non-Personal Information.

Technology is improving every day and to improve GigaBeam’s Services, operation and function. GigaBeam may introduce new technologies and monitoring techniques without advance notice or consent from Customer. GigaBeam may also use third party providers to conduct such internal analyses.

Network Information

GigaBeam also collects Network Information, information about Customer access to, and use of, the GigaBeam network, which may or may not be directly associated with or reasonably linked to a specific person, computer or device. For example, GigaBeam may collect information about the performance of the Provider Equipment installed on Customer property or at Customer premises, when Customer is using the Service, the various devices Customer is using to access the Service, the amount of data Customer is transmitting and receiving, the content of the data Customer are transmitting and receiving, the websites Customer is visiting, and any other information that is transmitted over the GigaBeam network. GigaBeam may also aggregate Network Information from multiple subscribers and GigaBeam will share such aggregated Non-Personal information about the overall performance of the GigaBeam Service and network with Our Affiliates and other third parties. Aggregated information does not identify a specific individual, computer or device.

We use Network Information to monitor and enhance the performance of the GigaBeam network. GigaBeam will not monitor the content of the websites viewed or email communications as part of GigaBeam’s standard network management. Generally, GigaBeam will only monitor and preserve the following Network Information:

  • When Customer is using the Service;
  • How Customer is using the Service, such as monitoring traffic patterns regarding websites visited, amount of data being sent or received, or other activity;
  • The amount of data Customer is transmitting and receiving through the Service; and
  • General information regarding the performance of the Provider Equipment installed on Customer’s property or at Customer’s premises, and its interaction with the rest of GigaBeam’s network.

However, GigaBeam reserves the right to, and may, monitor, access, review and preserve any Network Information and/or content in the following situations:

  • In response to an inquiry from Customer or an another Authorized User on Customer’s account regarding Customer or their use of the Service or problems Customer or they are experiencing using the Service;
  • If GigaBeam has reason to believe Customer is using the Service in violation of Customer’s Service Agreement or any applicable statutes, rules, ordinances or regulations;
  • If GigaBeam has reason to believe Customer use of the Service is negatively affecting other Customers; or
  • When GigaBeam is required by law or legal process to do so, or when GigaBeam a good faith belief that GigaBeam is required by law or legal process to do so.

How is Personal Information used for marketing and advertising purposes?

GigaBeam will use Personal Information to send Customer marketing and advertising messages related to GigaBeam’s Service and website using Customer’s email address, postal address, or telephone number (for voice, texts, and pre-recorded calls). GigaBeam may deliver a marketing or advertising message based on Customer visits to GigaBeam website, which will be general advertising or “Contextual Advertising,” which is advertising based on the subject matter or the content of the specific website page or subject matter. GigaBeam may also send Customer “First Party Advertising,” which is advertising that is customized or personalized based on a history of Customer’s use of our Services (possibly combined with information from our Facebook fan page or other social network platforms). First Party Advertising is based solely on a combination of information GigaBeam collects from Customer – not from Customer’s visits to other websites across the Internet.

Customer may opt-out of First Party Advertising but not Contextual Advertising. No Personal Information is used to deliver Contextual Advertising; it automatically will appear based on the content or webpage Customer is viewing. And Customer may continue to receive general advertising if Customer opts-out of First Party Advertising, it will not be customized or personalized for Customer.

GigaBeam does not provide third party “Network Advertising,” which is advertising based on Customer’s overall Internet usage across different third party websites or online services. Multiple third party websites and online services are involved in this tailored or personalized advertising process, in essence a “network” of advertising providers.

Because GigaBeam does not provide network ads, GigaBeam does not recognize the “Do Not Track” settings on various Internet browsers. GigaBeam does not engage or allow third parties to track you across the Internet and across time for advertising purposes.

Links to other websites or online services

The GigaBeam website and/or Facebook Pages (or other social networking platforms) may contain a variety of content and functionality and may provide links to other third party websites or online services. Despite such links, this Privacy Policy applies only to GigaBeam and our Affiliates. The presence of a link does not constitute or imply GigaBeam’s endorsement, recommendation, or sponsorship of the content, goods, services, business or privacy practices on such websites or online services. GigaBeam encourages Customers to be aware and informed when Customers leave GigaBeam’s website and GigaBeam’s Facebook Pages, or any other social networking platforms.

Will GigaBeam share Customer Personal Information?

Customer’s Personal Information will only be disclosed to third parties (including GigaBeam’s Affiliates) as listed in this Privacy Policy, if GigaBeam has received your consent at the time GigaBeam will collect your Personal Information or prior to the disclosure of any Personal Information. GigaBeam reserves the right to fully use, disclose and process any Non-Personal Information collected from Customer in any manner as well as any information Customer makes public via GigaBeam Services or website.

GigaBeam will not rent, sell or disclose Personal Information to anyone not related to GigaBeam for marketing or promotional purposes, unless in connection with a potential or actual sale, merger or a corporate restructuring by or of GigaBeam. (See “For Business Transfers” below for more information.) GigaBeam will share Customer Personal Information with its Affiliates and with other third parties as described in this section for the following reasons:

  • To Our Affiliates. GigaBeam relies on various Affiliates in order to provide the Service to Customers. These are companies that are related to GigaBeam by common ownership or control. GigaBeam may share Personal Information and Non-Personal Information with any of its Affiliates for business, operational, promotional and/or marketing and advertising purposes.
  • To Operational Service Providers: GigaBeam and its Affiliates contract with other companies and people to perform tasks or services on GigaBeam’s behalf and need to share Customer Personal Information to provide products or services to Customers. For example, GigaBeam may use a payment processing company to receive and process Customer’s ACH or credit card transactions for GigaBeam, or GigaBeam may contract with third parties to assist GigaBeam in optimizing GigaBeam’s network. Unless GigaBeam tells Customer differently, GigaBeam does not grant its Operational Service Providers any right to use the Personal Information GigaBeam shares with them beyond what is necessary to assist GigaBeam.
  • For Business Transfers/Restructuring: GigaBeam may choose to buy or sell assets, or GigaBeam may sell assets or be sold. In these types of transactions, customer Personal Information is typically one of the business assets that would be disclosed and transferred. Also, if GigaBeam (or GigaBeam’s assets) are acquired, or GigaBeam goes out of business, enter bankruptcy, or go through some other change of control, including restructuring, re-organization or financing arrangements, Personal Information could be one of the assets disclosed, transferred to or acquired by a third party.
  • For Protection of GigaBeam, and Our Affiliates, Employees, Operational Service Providers, Users and Subscribers and Public Safety: GigaBeam reserves the right to access, read, preserve, and disclose any Personal Information GigaBeam has access to if GigaBeam believes doing so will implement and/or enforce the Service Agreement, Website Terms of Use Agreement, Privacy Policy or any legal document; protect our Network(s), website(s), and company assets; protect the interests, rights, property, and/or safety of GigaBeam or Our Affiliates, employees and officers/directors, Operational Service Providers, Users and Subscribers, agents, third party licensors or suppliers, or the general public.
  • When Required by Law or in Response to Legal Process: GigaBeam reserves the right to access, read, preserve, and disclose any Personal Information to which GigaBeam has access if GigaBeam is required by law or legal process to do so, or if GigaBeam has a good faith belief that GigaBeam is required by law or legal process to do so.

Is Customer Personal Information secure?

GigaBeam endeavors to protect the privacy of Customer’s account and other Personal Information GigaBeam holds in its records using reasonable administrative, technical and physical security measures. However, GigaBeam cannot and do not guarantee complete security. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of Personal Information at any time.

Customer’s account is protected by a password for Customer privacy and security. It is Customer’s responsibility to prevent unauthorized access to Customer’s account and Personal Information by selecting and protecting Customer password and/or other sign-on mechanism appropriately and limiting access to Customer computer, tablet or device and browser by signing off after Customer has finished accessing Customer’s account. Customer is required to notify us immediately if Customer’s password or account has been disclosed to a person whose name does not appear on Customer’s account, even if you have allowed such disclosure. Customer understands, acknowledges and agrees that Customer is solely responsible for any use of GigaBeam Services via Customer’s username and password.

Additionally, if Customer contacts GigaBeam, GigaBeam will ask Customer for verification of Customer’s identification and account. GigaBeam will not send an email or text, nor should Customer respond to any email or text communications asking for any sensitive or confidential Personal Information, such as social security number, bank account or credit card account number, or a driver’s license number. If Customer receives an email or text requesting any such information from GigaBeam or someone that claims they are with GigaBeam or Our Affiliates please contact our Privacy Administrator immediately: sales@gigabeam.net.

For GigaBeam’s IT Support Services as detailed in our Service Agreement, the code that allows GigaBeam to access Customer’s computer desktop to help your resolve technical problems is limited only for that specific session. GigaBeam is not able to access Customer’s Computer without Customer’s knowledge, affirmative consent and involvement.

What Personal Information can Customers access, modify and/or delete?

Generally, Customer may access the following Personal Information in Customer’s account:

  • Full name
  • Username and password
  • Email address
  • Telephone number; and
  • Billing and Service address
  • Account and billing information

By contacting GigaBeam at sales@gigabeam.net, or through any online access portal GigaBeam may create to enable Customers to view and modify Customer account settings, Customer may access, and, in some cases, edit or delete the Personal Information listed above. For example, GigaBeam may retain historic email, billing and/or Service addresses for security and verification purposes. Customer may not delete such information.

When Customer updates Personal Information, however, GigaBeam may maintain a copy of the unrevised information in GigaBeam’s records for internal security reasons and recordkeeping. Some information may remain in GigaBeam’s records after it is modified, amended or deleted by Customer or GigaBeam. GigaBeam may use any aggregated data derived from or incorporating Customer’s Personal Information after Customer updates or deletes it, but not in a manner that would identify Customer personally. GigaBeam may also maintain Personal Information regarding Customer and Customer’s use of the Service after Customer are no longer a GigaBeam customer as required by GigaBeam’s business practices, by law, and/or tax reporting purposes.

The information Customer can view, update, and delete may also change. If Customer has any questions about viewing or updating information GigaBeam has on file about Customer, please contact GigaBeam at sales@gigabeam.net.

What third party disclosure choices do Customers have?

Customer can always choose not to disclose Personal Information to GigaBeam; however, certain Personal Information is necessary for GigaBeam to provide the Service to Customer. Customer may opt out of sharing Personal Information with Our Affiliates only for marketing or advertising purposes, but not for business or operational purposes.

Customer may opt out of email marketing and advertising from GigaBeam or its Affiliates using the “Unsubscribe” mechanism in each email. Before GigaBeam sends Customer a text for any reason, or sends Customer a pre-recorded call that contains advertising or marketing information, GigaBeam will secure Customer’s prior written express consent, which can be given via a voice recording, email, text message, postal mail, or telephone key press. Non-telemarketing pre-recorded calls do not require Customer’s prior express consent in writing, unless they are sent to a wireless device. Customer understands, acknowledges and agrees that such texts and pre-recorded telemarketing calls may be sent using an autodialer and are not conditioned on your purchase of the Service. Customer may opt out of receiving text messages any time by replying “STOP” or “UNSUBSCRIBE” to the text message. Customer may opt out of receiving pre-recorded calls by the opt-out instructions in the call. Customer can also request to be added to GigaBeam’s company-specific Do Not Call list to opt-out of advertising and marketing calls of all types. However, Customer will continue to receive calls related to debt-collection and Customer’s current Service. Customer may also opt-out of First Party Advertising, but not Contextual Advertising, as detailed in the “Use of Personal Information for Marketing or Advertising Purposes” section above.

Customer may not opt out of GigaBeam’s use of cookies or other similar technology, or use of Customer’s Personal Information and Non-Personal Information for GigaBeam’s internal analytics used to monitor activity on GigaBeam’s website, measure GigaBeam Service performance, or to operate and protect the GigaBeam network.

Will this Privacy Policy ever change?

Yes, GigaBeam is constantly working to improve the Service, so GigaBeam will need to update this Privacy Policy from time to time as GigaBeam’s business practices change and service offerings increase, and/or there are changes in local, state or federal laws. Additionally, GigaBeam will also make stylistic, organizational and/or grammatical changes to present GigaBeam privacy practices in a user friendly easy to read manner. GigaBeam will alert Customers to any such changes by placing a notice on www.GigaBeaminternet.com with the effective date of the revised Privacy Policy, and/or by sending Customers an email, or by some other means to the extent required by law. Please note that if Customers have not provided GigaBeam with Customer’s email address or Customer has not updated Customer contact information, those legal notices will still govern Customer use of the Service, and Customer is still responsible for reading and understanding all notices posted on GigaBeam’s website. Customer’s continued use of the Service or website after notice of any changes have been provided will indicate Customer’s acceptance of such changes, except where further steps are required by applicable law.

Use of Customer’s Personal Information is primarily governed by the Privacy Policy in effect at the time Customer subscribed to the Service or visited the GigaBeam website. If GigaBeam elects to use or to disclose Personal Information that identifies GigaBeam as an individual in a manner that is materially different than that stated in the Privacy Policy in effect at the time you subscribed to the Service or visited the GigaBeam website, GigaBeam will provide Customer with an opportunity to consent to such use or disclosure. Depending on the circumstances, that consent may include an opt-out.

What if you have questions or comments about this Privacy Policy?

If you have any questions or concerns regarding GigaBeam’s privacy practices and policies, please contact GigaBeam at sales@gigabeam.net.

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