Subscriber Terms of Service Agreement 

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 agrees 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. “Authorized User, “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. 

Account Ownership / Authorized User(s): 

1. Account Ownership. The Account Owner is the named individual or company that enters into a subscriber service contract with GigaBeam Networks.  

1. Representations. You represent that you are at least 18 years of age and a resident of the United States. 

1. Contact Information. You agree to provide true, accurate, current, and complete contact information about yourself, and maintain and promptly update your contact information to keep it true, accurate and complete. Regarding all telephone numbers, including cellular numbers, you or an Authorized User choose to provide on your account, you and/or such Authorized User expressly consent and agree to receive business and informational calls relating to your Service to such numbers, including collections calls. You agree such calls may be pre-recorded messages or placed with an automatic telephone dialing system. In addition, you agree that we may send non-marketing service or account related text messages to cellular phone numbers provided on your account. You are responsible for any carrier message and data rates that may apply. If you choose to provide an e-mail or other electronic address on your account, you acknowledge and consent to receive business and informational messages relating to your Service at the address, including delivery of the privacy policy, collections messages, and that such address is your private address and is not accessible or viewable by any other person. You agree that GigaBeam Networks, and its affiliates, agents and service providers may contact you at any email address or any telephone number you provide, now or in the future, or that we otherwise identify as your number, including a number for a cellular phone or other wireless device or service, regardless of whether you incur charges as a result. 

1. Account Access and Modification. You can contact GigaBeam Networks regarding access and modification to your account. We reserve the right to modify security settings and impose security requirements, which can change over time, to protect against actual or potential fraud, unauthorized access, and other suspicious account activity. You agree to: (i) keep your ID, password, and other log-in credentials confidential, (ii) notify us immediately of any online security breach, and (iii) reset your ID, password, or other credentials if you have reason to believe they have been, or might be, compromised. 

1. Authorized User(s). You may authorize spouses, partners, family or other adult household members or designated persons to act on your behalf in managing your account (“Authorized Users”), including changing or adding Leased Equipment and programming, by notifying GigaBeam Networks that such person(s) have access to your account and that you are granting authorization for said person(s) to be Authorized Users. Further, if you are not present at the time of installation or a Repair Service, you authorize any adult who is present to act on your behalf. If your account is password protected, the password must be provided to engage in most telephonic account management functions. You agree to immediately notify GigaBeam Networks if your password has been compromised and/or you wish to remove an Authorized User from your account; in the absence of such notification, you are responsible for activities on your account using your password or by persons listed as Authorized Users. 

1. 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.  

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms, 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. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.   

1. Return of Equipment upon Termination. If Your Service is terminated for any reason and you received Equipment at no charge from Service Provider or it is leased, you must return the Equipment to Service Provider within 14 days of the disconnect date or You will be charged for the Equipment (see Equipment & Scope of Work). If request for Service is cancelled before installation, no charges will apply for the leased Equipment. Service Provider is not obligated to uninstall or otherwise retrieve the leased Equipment; all returns are responsibility of Customer. 

1. Account Ownership Transfer. All accounts are established via this contract agreement. The agreement is not transferable. Should the Account Owner of the premise in which service is provided move or discontinue service, the new occupant shall establish their own new account with GigaBeam Networks for broadband 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 the 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 $5 late fee.  Accounts remaining unpaid for thirty (30) days or more shall be deemed delinquent.  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. If a check for payment is returned for any reason, a $30 service fee will be applied to the account and must be paid along with all outstanding charges prior to the account being considered in good standing. All payments made to GigaBeam are non-refundable. 

Equipment & Scope of Work: All 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 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. 

Permitting and Landlord Approval:  Landlord consent to the installation, maintenance, and removal of the Subscriber’s equipment is required to be obtained by Subscriber in order to receive GigaBeam Internet access services. 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 may assist you and provide this service at an additional charge, if deemed feasible by GigaBeam. 

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 utilizing 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 the 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 system(s) 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. 

Third Party Links, Content, and Services: Any and all software, content and services (including advertising) within the Services that are not owned by GigaBeam are “third party content and services.” GigaBeam acts merely as an intermediary service provider of, and accepts no responsibility or liability for, third party content and services. In addition, and without limiting the generality of the foregoing, the Services may include links to sites operated by third parties, including advertisers and other content providers. Those sites may collect data or solicit personal information from you. GigaBeam does not control such sites, and is not responsible for their content, policies, or collection, use or disclosure of any information those sites may collect. Your use of Third Party Content and Services may be subject to additional terms of use set by the Third Parties. YOUR USE OF THIRD PARTY CONTENT AND SERVICES IS AT YOUR SOLE RISK AND DISCRETION. Furthermore, Service Provider does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any Third Party, or represent or warrant that your use of any Third-Party Content or Services will not infringe the rights of third parties. Service Provider reserves the right to restrict or deny access to any Third-Party Content and Services otherwise accessible through the Service. Service Provider shall have no liability to you arising out of or in connection with your access to and use (or misuse) of the Third-Party Content and Services. 

Intellectual Property: The Service and its original content, features and functionality are and will remain the exclusive property of Gigabeam Networks and its licensors. 

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. The GigaBeam Networks Acceptable Use Policy (AUP), is incorporated herein. 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. 

Privacy Policies: GigaBeam knows Customers care about how their personally identifiable information is used and shared, and GigaBeam takes Customers’ privacy seriously. GigaBeam is committed to customer privacy and is constantly working to not only improve Service but also revise privacy policies as necessary. GigaBeam Privacy Policies, and all updates to those policies, can be found on our website at www.gigabeam.net.  

LIMITATION AND DISCLAIMER OF LIABILITY AND WARRANTIES: YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE SUPPLIED HEREUNDER IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITH ALL FAULTS. GIGABEAM DOES NOT WARRANT THAT ITS SERVICES, OR ANY THIRD PARTY SERVICE, WILL MEET ANY SPECIFIC SUBSCRIBER REQUIREMENT, OR THAT IT WILL BE ERROR-FREE OR UNINTERRUPTED. GIGABEAM NETWORKS AND ITS PARENT COMPANY, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, SUPPLIERS, AND VENDORS (COLLECTIVELY 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 GIGIABEAM’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 GIGIABEAM’S 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. YOU FURTHER SPECIFICALLY ACKNOWLEDGE THAT GIGABEAM IS NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD PROPEL LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER USERS OF THE SERVICES AND OPERATORS OF SOCIAL NETWORKING AND OTHER EXTERNAL SITES, AND THAT THE RISK OF USING OR ACCESSING THE SERVICES AND PROPEL SOFTWARE, SOCIAL NETWORKING SITES AND OTHER EXTERNAL SITES, AND OF INJURY FROM THE FOREGOING, RESTS ENTIRELY WITH YOU. 

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 attorney 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.  

Applicable Law, Jurisdiction, 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.   

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service. 

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 attorney 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.   

Arbitration and Attorney 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 be renewed 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 website at www.gigabeam.net.  

Acceptable Use Policy 

What is the purpose of this document? 

This is GigaBeam Networks’ Acceptable Use Policy (AUP) for GigaBeam Networks Broadband Network Service. 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 than 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. 

SMS Text Messaging Policy: Consent is granted by the Subscriber for Short Message Service (SMS) text notifications from GigaBeam Networks regarding marketing, subscriptions, service updates and interruptions, billing, and other uses as deemed appropriate by GigaBeam Networks. As the Subscriber, you agree to receive recurring text notifications for your service, text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. 

If you wish to unsubscribe from receiving text marketing messages and notifications, please notify GigaBeam Networks at 540-726-2317.  You understand and agree that alternative methods of opting out, such as texting using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. 

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed may not be received, and we will not be liable for honoring requests made in such messages. 

To the extent permitted by applicable law, you agree that GigaBeam will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. 

Your right to privacy is important to us. The most up to date Privacy Policy is located at www.gigabeam.net. 

NETWORK MANAGEMENT POLICIES 

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 peer-to-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 reserves 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 in the Terms of 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 at 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 866-988-2638 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. 

Links To Other Web Sites and Third-Party Services: Our Service may contain links to third-party web sites or services that are not owned or controlled by Gigabeam Networks. Gigabeam Networks has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that Gigabeam Networks shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit. 

Termination: We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Details regarding Termination of Service are outlined in the Service Agreement. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. 

Disclaimer: Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. 

Changes: We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30-day notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service. 

Contact Us: If you have any questions about these Terms, please contact us. 

GigaBeam Networks Service Agreement and Acceptable Use (Customer Agreement): By signing, you hereby acknowledge that you have read and agree to the terms of this Agreement, and acknowledge and agree to abide by the Acceptable Use Policies, as revised, of GigaBeam Networks, a copy of which is provided at www.gigabeam.net.