Acceptable Use Policy ("AUP") WiFi Related Services

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Last updated on: Tuesday, November 25, 2008

A. General
GigaNet Wireless and its affiliates ("GNW ") provide to business and consumer users a variety of information technology related products and services, including such service as Internet access, content delivery services, various electronic mail (email) packages and services, world wide web hosting, voice and other data, on-line, Internet-related and telecommunications services (each, a "Service" and collectively the "Services").

This document defines the Acceptable Use of the Services with a view of ensuring the integrity, security, reliability and privacy of GigaNet Wireless network, systems, products, services, server hosting facilities and data contained therein (collectively, the "GigaNet Wireless Network").

GigaNet Wireless Customers are solely responsible for the content and messages that they post, distribute or otherwise make available to the general public using GigaNet Wireless Network and Services. GigaNet Wireless encourages its Customers to self-rate their web sites using a major rating agency such as the Internet Content Rating Association (ICRA) ( http://www.icra.org).

For the purposes of this policy, a Customer is defined as any party who purchases a Service from GigaNet Wireless.

B. Prohibited Activities
It is contrary to GigaNet Wireless policy for any of its Customers or other Service user to effect or participate in any of the activities listed below (whether actual or attempted and whether directly or indirectly) through a Service. Each of the below practices (each, a "Prohibited Activity") constitutes abuse of GigaNet Wireless' Services, Network and facilities and interferes with other Service users. Accordingly, these practices are prohibited. Posting or sending messages substantially similar in content to 10 or more Usenet or other newsgroup s, forums, listservs, or other similar groups or lists (each, a "List");
Posting or sending messages, articles, or other content to a List which are off-topic according to the charter or other owner-published FAQs or descriptions of the List;

Sending unsolicited commercial messages or communications in any form ("SPAM ");
Falsifying user or other Service related information, including, but not limited to, intentionally omitting, deleting, forging or misrepresenting transmission information, including headers, return mailing and Internet protocol addresses, provided to GigaNet Wireless or to other Service users or engaging in any activities or actions intended to withhold or cloak Customer's or its End Users identity or contact information;

Engaging in any other activity that:
violates a law or regulation (including, but not limited to, libel, slander, invasion of privacy, harassment, obscenity, child pornography, export laws and regulations, and infringement or misappropriation of another party's copyrights, trademarks, patents, trade secrets or other intellectual property rights);
threatens the integrity and/or security of any network or computer system (including, but not limited to, transmission of worms, viruses and other malicious codes and accessing any device or data without proper authorization);
attempts to use the Service in such a manner so as to avoid incurring charges for or otherwise being required to pay for such usage;
otherwise degrades or interferes with other users' use of a Service;
breaches a third party non-disclosure agreement or obligation, or violates generally accepted standards of Internet or other networks conduct and usage, including, but not limited to, denial of service attacks, web page defacement, port and network scanning, and unauthorized system penetrations.
Reselling or otherwise distributing GNW's signal to other parties than whom the service is intended. Any form of commercial resales is strictly prohibited and if you are proven to be commercially reselling GNW services you can be billed up $100,000 for network compensation damages and you will pay all legal fees associated with and arising from such claim against ones-self.
Engaging in any of the activities listed above by using another provider's service, but channelling the activity through a GigaNet Wireless account, re mailer, or otherwise through a Service. ANY INDIRECT OR ATTEMPTED VIOLATION OF THIS POLICY BY OR ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, AND ANY ACTUAL OR ATTEMPTED VIOLATION BY A THIRD PARTY ON BEHALF OF A CUSTOMER OR A CUSTOMER'S END USER, SHALL BE CONSIDERED A VIOLATION OF THE POLICY BY SUCH CUSTOMER OR CUSTOMER'S END USER.

C. Rights and Remedies
GigaNet Wireless may suspend and/or terminate a Customer's Service at any time for any material failure) of Customer, its representatives or its users to comply with this policy or for engaging (or permitting others to engage) in a Prohibited Activity (as determined by GigaNet Wireless, in its reasonable discretion.

GigaNet Wireless may deny all traffic from known IP address blocks and black-holes that support indiscriminate port scanning programs such as ProxyHunter, or other unlawful activity, for the purpose of preserving Customer's system and network resources.
GigaNet Wireless reserves the right to, where feasible, implement technical mechanisms to prevent a Prohibited Activity. In addition, GigaNet Wireless reserves the right to charge the Customer to cover administrative costs associated with the Prohibited Activities of the Customer including, but not limited to, recovery of the costs of identifying offenders and removing them from or discontinuing providing them Service, in an amount (i) equal to GigaNet Wireless actual expenses incurred in preventing or responding to such activity, or (ii) up to US$ 500, whichever is greater.

For complaints of SPAM only: In addition to any applicable charges described above, GigaNet Wireless reserves the right to charge the Customer the amount set forth under applicable law or if no amount is specified US$25.00 per spam email, such messages being not only annoying to Internet users, but also seriously affecting the efficiency and cost-effectiveness of the Network (they increase GigaNet Wireless costs by clogging the Network, rendering web-sites inaccessible and potentially leading to down time of Customers' mission-critical Internet applications).

Computer Viral, Spy ware, Worm, Port Scanning, Zomby (system attacks)
Any clients PC which is found to be hosting any of the above defined System Attacks, but not limited to the above types of System Attacks will suffer account suspension until which time the client can prove within the provided 48 hour limited access time-period that he/she has successfully eliminated said infection/attack.
Our network is scanned regularly by monitoring software which alerts IT that such an event is occurring and where the attack's source-point is. Generally it is an unsuspecting consumer which has acquired the infection by means of opening an infected piece of email, downloading various free files from un trusted Internett web-sites and sometimes from attacks called Drive By's. A Drive By simply doanloads an executable file onto your machine without your knowledge or blessing, after re-starting your PC is when trouble begins in most all attacks, the application is installed and it's un-wanted activities now begin which deprives not only yourself but all users on the GigaNet Wireless Network from adequate bandwidth causing initial denial of service.
Upon the time at which any one clients PC is found to be infected GigaNet Wireless will discontinue service to that clients CPE after first sending out a notice to the client alerting he/she that service is needed to be performed upon their PC before service will be re-instated (service notice must be responded to within 24 hours).

Nothing in this Acceptable Use Policy limits GigaNet Wireless rights and remedies (available at law or in equity) in any way with respect to any Prohibited Activity.

D. Password Protection
Users are responsible for protecting their password and for any authorized or unauthorized use made of their password. You will not use or permit anyone to use GigaNet Wireless' Service to guess passwords or access other systems or networks at all, ever. In the event a network or network device becomes compromised, GigaNet Wireless will assist in the tracking and/or expulsion of said offender on the network level to the extent GigaNet Wireless finds reasonable, at its sole and absolute discretion.

E. Equipment and Connections
Customer Premise Equipment (CPE). For Customers accessing the Internet, Data, Video, VoIP or any other supported protocols. The CPE being used will remain as the property of the CONSUMER and must not be tampered with in any event. Tampering, modifications or damage that may be inflicted upon CPE in the course of the above mentioned tampering or modifications or incorrect useage will result in customer fees being applied to repair or replace any damaged or modified CPE equipment including all labor charges to restore customer site for proper operation.
Service is FREE providing client has not tampered with the CPE or the installation of the hardware itself. Should pets or animals local to the installation which are beyond the control of GigaNet Wireless cause damage to the CPE, customer is financially responsible to restore service to the installation site should said damage cause service outage.
Customer shall not be responsible for acts of God such as but not limited to Lightning, Flood and Earthquake, customer shall not be held financially responsible for restoration or replacement of CPE. GNW & the CONSUMER shall not be responsible for any Acts of War, Terrorism or other unforeseen events which may be known to cause damage to the CPE.

F. Modification of This Policy
GigaNet Wireless reserves the right to change this policy from time to time.

G. Scheduled Maintenance
For information on scheduled maintenance, please view the maintenance schedule posted on GigaNet Wireless' World Wide Web site at: http://www.giganetwireless.com/scheduledmaintenance.shtml.

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