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.