Acceptable Use Policy and Terms of Service (Web-Hosting)
This document describes the conduct and prohibited uses of GigaNet Wireless Hi-Speed Network, Inc.'s hosting services ("Services"). This AUP is not exhaustive and
GigaNet Wireless Hi-Speed Network, Inc. reserves the right to modify this document at any time and it is enforceable as of the posting date on the http://giganetwireless.com/hostingterms.shtml web site. By using and paying for our services, you are accepting these terms and are agreeing to adhere to our policies. Any violation of our policies may result in the suspension or termination of your account or any other action as GigaNet Wireless Hi-Speed Network, Inc. deems appropriate. GigaNet Wireless Hi-Speed Network, Inc. has the right to discontinue
service, or deny access to anyone for any reason, at our discretion. No refunds will be paid if an account suspension or termination is due to violation of any of our terms or policies.
Security
You are solely responsible for any security breaches affecting servers or accounts under your control. If your server or website is responsible for or involved in an attack on or unauthorized access into another server or system, GigaNet Wireless Hi-Speed Network, Inc. will shut it down immediately. You will be held responsible for any charges resulting from the cost to correct security breaches affecting GigaNet Wireless Hi-Speed Network, Inc. or any of its other customers.
It is your responsibility to adopt adequate security measures to
prevent or minimize unauthorized use of your account.
Customers may not use the GigaNet Wireless Hi-Speed Network, Inc. network
in an attempt to circumvent user authentication or security of any
host, network, or account. This includes, but is not limited to:
1) Accessing data not intended for the customer logging into a server or accessing an account the customer is not expressly authorized
to access through any means including password cracking;
2) Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
3) Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
4 ) Probing the security of other networks in search of weakness or
violation of any other organization's security policy;
5) Attempting to interfere or deny service to any user, host, or network.
Users who violate system or network security may incur criminal or civil liability.
GigaNet Wireless Hi-Speed Network, Inc. will cooperate fully with
investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
In an effort to control spammers, GigaNet Wireless Hi-Speed Network requires customers to use our nameservers or their private nameservers with us, for their site hosting. We do not offer or provide mail hosting services for accounts that are not using our nameservers. Customers who wish to have a custom MX record may do so for a fee.
Payment Policies
All customers, account-holders in general are expected to adhere to our Billing Policy.
SMTP Mail
We allow each domain to send 500 pieces of email per hour from a shared hosting account. For security purposes, all customers must authenticate
against an active mailbox within their domain in order to send mail. You may use your domain outgoing SMTP server to send mail provided your ISP allows this.
Overuse of Disk Space and Bandwidth Allowances
- Customers exceeding the bandwidth allowance for their account will be billed $0.02 per Mb (two cents per megabyte) for the overages.
- Customers exceeding the disk space allowance for their account will be billed $1.00 per Mb (one dollar per megabyte) for the overages.
IP Address Ownership
GigaNet Wireless Hi-Speed Network, Inc. maintains and controls ownership of all IP numbers and addresses that may be
assigned to you. We reserve the right to change or remove any and all such IP numbers and addresses as necessary.
Server Abuse
Any attempt to undermine or cause harm to a server, or customer, of GigaNet Wireless Hi-Speed Network, Inc. is strictly prohibited. Any unauthorized use of accounts or
computers by a GigaNet Wireless Hi-Speed Network, Inc. customer, whether or not the attacked account or computer belongs to GigaNet Wireless Hi-Speed Network, Inc., will result in action against the attacker. Possible actions include warnings, account
suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
A hosting account which meets any of the following conditions may be terminated upon discovery and without immediate notification to
the account holder:
- Provides material that is grossly offensive to the Web community including blatant expressions of bigotry, racism or hatred.
- Promotes or provides instructional information about illegal activities, or promoting physical harm or injury against any group or individual.
- Displays material that exploits children less than 18 years of age.
- Offers pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial
or registration numbers for software programs, or any type of cracker utilities.
- Provides distribution for encryption software over the Internet or otherwise, to points outside the United States.
- Distributes information regarding the creation
of and sending Internet viruses, worms, Trojan horses, pinging, flooding,
mail bombing, or denial of service attacks.
- Disrupts the use of, or interferes with, the ability of others to effectively use the
network or any connected network, system, service, or equipment.
- Advertises or otherwise makes available any software, program, product, or service that is designed to violate our policies, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.
- Engages in activities that are determined to be illegal, including advertising, ponzi schemes, pyramid schemes, identity theft, credit card fraud, and software pirating.
Server Resource Abuse
Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity which causes a server to become overloaded. Shared
server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but
are not limited to, the use of: CGI, Perl, Sendmail, MySQL, MSSQL, PHP, ASP, COLD FUSION, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, GigaNet Wireless Hi-Speed Network may, without notification to the customer,
disable the offending resource, disable or cancel the entire account. If server downtime is caused by your resource abuse, your account may be terminated.
Child Pornography and Adult Content
GigaNet Wireless Hi-Speed Network, Inc. will cooperate fully with any law enforcement agency(s) regarding criminal violations of the Child Protection Act of 1984. Resellers and Customers are
ultimately responsible for the content of their respective accounts on our network, and will be liable for legal ramifications of displaying, providing access to, or selling illegal material.
Sites which are targeted to adult-only audiences must display an entry page with the appropriate disclaimers regarding state and federal laws prohibiting use of the site by minors. No sexually explicit content may be on the entry page. Should the disclaimers not appear, as required by our service, GigaNet Wireless Hi-Speed Network reserves the right to immediately suspend and/or terminate the site without refund.
Chat Rooms and IRC
We allow customers to install chat applications that do not use IRC within our hosting environment. Any customer found to be using an IRC Chat in
their hosting space will be terminated. We do not allow IRC clients or IRC bots to be operated on any of our servers under any circumstances.
Unsolicited Commercial Email (UCE)
Unsolicited commercial email advertisements are not allowed, and if determined to be from a GigaNet Wireless Hi-Speed Network customer account, will result in immediate account termination.
The following activities are not allowed:
Unsolicited Commercial Email ("UCE").
This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may
only be sent to those who have explicitly requested it from your domain. Forging, altering or removing electronic mail headers is prohibited.
Spamming Newsgroups
Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in
account cancellation. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and is not allowed.
Mail may not be used to harass or intimidate others.
Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving
e-mail, you must not send that person any further messages.
Third-Party Products
GigaNet Wireless Hi-Speed Network, Inc. nor any Third Party Vendor makes any representations or warranties, expressed or implied, regarding any Third Party Products. GigaNet Wireless Hi-Speed Network
Customers agree that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from GigaNet Wireless Hi-Speed Network, Inc. or any
third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description,
or non-infringement of third party rights.
To the maximum extent permitted by applicable law, neither GigaNet Wireless Hi-Speed Network, Inc. nor any third party vendor will be legally responsible for any
damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Customer agrees to observe the terms of any license and/or applicable end user
subscriber agreement for third party products and that customer shall be fully liable to third party vendors and GigaNet Wireless Hi-Speed Network, Inc. with respect to any improper use of such third party products or violation of
license agreements with them and/or applicable end user subscriber agreements.
Intellectual Property Rights
Material that is accessible to you through GigaNet Wireless Hi-Speed Network, Inc.'s services is subject to protection under the United States or other copyright
laws, laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you may not use GigaNet Wireless Hi-Speed Network, Inc. or its servers and network in a manner
that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the GigaNet Wireless Hi-Speed Network, Inc. network. If you use a domain name in connection
with GigaNet Wireless Hi-Speed Network, Inc. or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Electronic Commerce and Online Stores
You are solely responsible for the development, operation and maintenance of your online store and products and all contents and materials
appearing online or on your products, including
(a) The accuracy and appropriateness of content and materials appearing within the store or related to your products;
(b) Ensuring that the content and materials appearing within the
store or related to your products do not violate or infringe upon the rights of any third party, and
(c) Ensuring that the content and materials appearing within the
store or related to your products are not illegal.
You are solely responsible for the final calculation and application of shipping and sales tax. You are responsible for accepting,
processing, filling any customer orders, and for handling any customer inquiries or complaints. You are responsible for the security of any customer credit card numbers and related customer information you
may access as a result of conducting electronic commerce transactions through your Web Site.
Copyright, Trademark, and Patent Infringement
Customers are required to comply with all aspects of the US Copyright Laws and Trademark Laws. We will comply with any appropriate officials
should we become notified about instances of infringement in our hosting environment. More information is available regarding these laws at: http://www.copyright.gov and http://www.uspto.gov
Lawful Purpose
GigaNet Wireless Hi-Speed Network, Inc. reserves the right to refuse service to anyone. Customers may only use GigaNet Wireless Hi-Speed Network, Inc. server for lawful purposes. Transmission of any
material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material
protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of GigaNet Wireless Hi-Speed Network, Inc. management. Regardless of the place of signing this agreement, the
client agrees that for purposes of venue and jurisdiction this contract was entered into and performed in Riverside County, California, and any dispute will be litigated or arbitrated in Riverside County, California. Customer further waives all objections to venue or jurisdiction and acknowledges that venue and jurisdiction in any such litigation will be held in the state of California.
Privacy
GigaNet Wireless Hi-Speed Network will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. GigaNet Wireless Hi-Speed Network
may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. GigaNet Wireless Hi-Speed Network may disclose information, including but not limited to, information concerning a
subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. GigaNet Wireless Hi-Speed Network
assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. GigaNet Wireless Hi-Speed Network may disclose subscriber information or
information transmitted over its network where necessary to protect GigaNet Wireless Hi-Speed Network and others from harm, or where such disclosure is necessary to the proper operation of the system. GigaNet Wireless Hi-Speed Network requires that all
customers comply fully with all applicable laws concerning the privacy of on-line communications.
Indemnification
GigaNet Wireless Hi-Speed Network customers agree to exonerate GigaNet Wireless Hi-Speed Network, Inc. from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's
fees asserted against GigaNet Wireless Hi-Speed Network, Inc., its agents, customers, officers and employees, that may arise or result from any service provided, performed, or agreed to be performed or any product sold by customer,
it's agents, employees or assigns. Customers agree that GigaNet Wireless Hi-Speed Network has no liability arising out of:
(1) Any injury to person or property caused by any products sold or otherwise distributed in connection with any GigaNet Wireless Hi-Speed Network server;
(2) Any material supplied by a customer infringing or allegedly
infringing on the proprietary rights of a third party;
(3) Copyright, patent or trademark infringement;
(4) Any defective products sold to any customer from any GigaNet Wireless Hi-Speed Network
server.
Disclaimer
GigaNet Wireless Hi-Speed Network, Inc. will not be responsible for any damages your business or your web site may suffer due to of loss or corruption of data, delays,
non-deliveries, wrong delivery, and service interruptions caused by GigaNet Wireless Hi-Speed Network technologies, GigaNet Wireless Hi-Speed Network customers or employees. GigaNet Wireless Hi-Speed Network, Inc. reserves the right to revise its policies at any time.
Revisions
GigaNet Wireless Hi-Speed Network, Inc. reserves the right to revise, amend, or modify this document and any other policies and agreements at any time without notification
on our web site at http://www.giganetwireless.com
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