Gigabit Minnesota Service Contract & Acceptable Use Policy Published: 09/01/2016
Effective: 10/01/2016
Introduction

Welcome to Gigabit Minnesota. Gigabit Minnesota provides personal and business Internet Access, VOIP Telephone, and IPTV Services.

Acceptance of Acceptable Use Policies and this Contract
By using Gigabit Minnesota facilities, services or resources, Subscriber is indicating acceptance to the terms and conditions set forth in this document.

Updates
Updates to this contract may take place at any time and are effective 30 days thereafter.

Gigabit Minnesota is not Liable
Gigabit Minnesota is not liable, and you agree not to hold Gigabit Minnesota liable, in any way for any actions of its subscribers or for services incurred by you or any subscriber either wittingly or unwittingly. Gigabit Minnesota is not responsible for any damages or fees incurred by users due to viruses, Internet scams, fraud, or failure of a subscriber to properly understand operation of their computer or operational instructions or suggestions from Gigabit Minnesota support. You agree to indemnify Gigabit Minnesota, its affiliates, officers, agents, directors, shareholders and employees from and against any and all liabilities, expenses (including attorney's fees) and damages arising out of claims based upon use of Gigabit Minnesota, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other users and infringement of intellectual property or other rights.

Privacy
As a Subscriber, you are fully responsible for the privacy of, content of and liability of your own communications. The persons and organizations, including Gigabit Minnesota Subscribers, who publish materials and information which are accessible through Gigabit Minnesota are solely responsible for the content of such materials and information and are solely responsible to know and to comply with all laws applicable to the publication of such materials and information. Gigabit Minnesota does not accept responsibility for the content of the materials and information published by others which are accessible through the Gigabit Minnesota networks and does not accept responsibility for the violation of any laws resulting from such publication.
With the exception of information specifically authored by or on behalf of Gigabit Minnesota, Gigabit Minnesota does not develop or publish, nor does Gigabit Minnesota review, censor or edit the materials and information which are accessible through Gigabit Minnesota, or the materials and information which are accessible through the other computer networks which may be connected to Gigabit Minnesota. Gigabit Minnesota does not censor, limit or control the information that comes in and out of our system, except in accordance with the provisions of this agreement and applicable law. Complaints about users or spam can be sent to abuse@gigabitmn.com. We will rely on the complaints from any of the following:

  1. Other Users on the Gigabit Minnesota system.
  2. Users on other hosts on the Internet.
  3. Any other information we may receive.
  4. Notices of copyright infringement


Legal Authorities
Gigabit Minnesota will cooperate promptly with lawful requests from properly identified law enforcement agencies.

Immediate Action
We will take immediate action against any Gigabit Minnesota Subscriber who abuses any Gigabit Minnesota facilities, services or resources. Gigabit Minnesota will review all complaints or instances of inappropriate utilization of facilities, services or resources. Gigabit Minnesota will decide at its sole discretion what action is to be taken, including the termination of account services. If you have any complaints about other Subscriber's utilization of Gigabit Minnesota's services or facilities please contact us at once. At our discretion we reserve to right to warn a user once before termination of services. Termination for abuse does not qualify for refund.

Legal Age
All Subscribers must be of legal age and may be required to provide proof of age.

Resale
As a Subscriber, you may not resell this service or access to this service in any way unless prior written arrangement with Gigabit Minnesota has been made. You may not "lend" use of your account outside immediate family members.

Release of Information
For your protection, Gigabit Minnesota will never release information to other parties unless required to do so by the appropriate authorities.

SPAM - prohibited
Sending of unsolicited e-mail to many addresses (SPAM) or any illegal activity is strictly prohibited. Violation will result in immediate disconnection without refund.

Civil Discourse
Any individual unable to maintain a civil communication or demeanor when in contact with Gigabit Minnesota is asked to please take their business elsewhere. Any uncivil or obnoxious behaviors towards Gigabit Minnesota employees can and most likely will result in immediate disconnection. Our support department is happy to attempt to help solve any technical or billing issues however Gigabit Minnesota employees are not paid or trained to deal with difficult people, are not responsible for your behavior, equipment, telephone system connections, or failure to read and understand this contract, the priority system or the differences in our plan offerings including Unlimited (inexpensive shared) versus Dedicated (expensive always on) services. Employees are authorized to disconnect or ignore support calls or e-mails containing profanity or other uncivil communications or behaviors.

Unsolicited profanity - prohibited
Sending of unsolicited e-mail containing profanity, pornography, abusive language, threats, or illegal activity is strictly prohibited. Violation will result in immediate disconnection without refund.

Automated Electronic Messaging
Customer agrees to allow Gigabit Minnesota to automatically notify customer via automated electronic messaging (electronic mail and automated voice telephone messaging) regarding billing issues and other important account information.

Available Use
Gigabit Minnesota services are provided on an as available basis and Gigabit Minnesota makes no warranties of any kind, whether expressed or implied in connection with the products or services provided hereunder. Gigabit Minnesota INTERNET SERVICES SPECIFICALLY DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Neither Gigabit Minnesota nor Gigabit Minnesota officers, employees, directors, agents or staff shall be responsible for any liability or damages you suffer or others may suffer, which arise out of or relate in any way to this Agreement or your use of other's use of the services provided hereunder. This includes, but is not limited to, any liability for lost profits, loss of opportunity, loss of data, or any other loss including that which may result from any use, misuse, delay, non-deliveries, mis-deliveries, service interruptions, negligence, errors or omissions. Use of any information obtained via Gigabit Minnesota's' network is at your own risk. Gigabit Minnesota specifically deny any responsibility for the accuracy or quality of information obtained through our services.

Data Cap
Our Residential Internet rates are based upon a maximum usage of 1000 Gigabytes per month. Customers who routinely exceed that limit will be notified and provided with alternative service plans, or may face overage charges. Overages will be billed at $10.00 per 50 gigabytes of data per month. Usage is not metered (free from potential overages) from 2am-6am daily. Usage is calculated per calendar month.

System use policies
It is the responsibility of all Gigabit Minnesota Subscribers and their constituents who have access to Gigabit Minnesota and to the networks of other providers, to comply with the Gigabit Minnesota Service Agreement & Acceptable Use Policy and the acceptable use policies governing those networks. It is the responsibility of all Subscribers and others who have access to Gigabit Minnesota to:

Observe laws
Use Gigabit Minnesota facilities, services or resources in a manner which does not violate any applicable laws or regulations;

Respect Privacy
Respect the privacy of other users, and to not intentionally seek information on, obtain copies of or modify files, other data or passwords belonging to other users without permission;

Respect copyrights
Respect the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. You may not upload or download via your Gigabit Minnesota account any content that infringes on copyrights of others. You have the sole liability for any such content.

Minimize anonymous material
Minimize un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts;

Be kind to others
Use Gigabit Minnesota facilities, services or resources in a manner which does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:
  1. Wide-scale distribution of messages to inappropriate forums or mailing lists (Spamming)
  2. Propagation of computer worms or viruses
  3. Making unauthorized entry to other computational, information or communications devices or resources


Use good judgement
All users are expected to use good judgment. A flexible, friendly atmosphere can be maintained if every Subscriber uses the service with care. As the Subscriber, you are responsible for actions taken by your account and are required to follow all applicable laws and statutes.

Account Suspension & Cancellation terms and conditions:
Unless under contractual obligation, Gigabit Minnesota Subscribers have the right to cancel their accounts at any time, for any reason. Gigabit Minnesota reserves the right to suspend and/or cancel any Gigabit Minnesota account in accordance with the provisions of this Service Agreement & Acceptable Use Policy or for any reason not prohibited by law.

If your account is suspended or interrupted, you are not relieved of the obligation to pay the monthly account charges. Only a written notice to cancel this agreement relieves you of future charges. If you send us written notice via e-mail, we will contact you or your authorized representative by phone to confirm your decision to cancel this agreement. If you cancel this agreement, payments for pre-paid months beyond the current month shall be refunded unless under contractual obligation.

Cancellation and Refunds
Refunds must be requested at time of cancellation, there is no automatic system for refunds.

All Gigabit Minnesota accounts are billed and prepaid one month in advance. In the event you cancel service during a month you have prepaid, a partial month refund will be distributed to you at your request. If you have not fulfilled your prepaid month payment requirement, upon cancellation, a partial month bill will be generated. If you are renting networking or set top box equipment, that equipment will need to be returned prior to any refund being generated. If the equipment goes unreturned, a purchase charge for the retail value of the equipment will be applied to your final bill. Equipment pickup/drop off can be coordinated via phone or email.

Cancellation:
You must confirm your cancellation with a service rep by phone or e-mail response. Cancellations can never be accepted via voice mail.

Tip:
If you have not received a documented reply to a cancellation, changing your payment type from credit card to pay-by-check online will doubly ensure your credit card is not accidentally billed before the cancellation is processed. You can check that your account is cancelled online under "my account/view demo and stats". Your account should be listed as disabled.

Credit Cards or Electronic check payments
Subscribers selecting automated deduction via credit card or electronic check payments will have their payment automatically processed each billing period until the account is cancelled by the subscriber. The payment will be processed on or after the 1st of each month, which is the start of the billing cycle.

Chargebacks, NSF, and Returned Checks
Subscribers are liable for a $25 fee for charge backs (telling your credit card company to return payment to you) or checks returned for reasons such as "not sufficient funds".

Legal Action
In the event Gigabit Minnesota should commence any action or actions, or otherwise seek to enforce this agreement against Subscriber, Subscriber agrees to pay reasonable attorney(s) fees, court costs and other expenses incurred by Gigabit Minnesota, whether or not suit is filed. Gigabit Minnesota reserves the right to assess legal fees, including attorney and court fees, upon any Subscriber, who by their action or inaction directly or indirectly causes Gigabit Minnesota to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.

Not Transferable
This agreement is strictly confidential and is not transferable or assignable without prior written consent of Gigabit Minnesota. Subscriber agrees that any change in liability for any debts incurred to Gigabit Minnesota due to a change in Subscriber's form of business, shall not be effective as to Gigabit Minnesota, until Gigabit Minnesota receives actual notice of the change by certified mail.

Enforcement and Violations:
Each Gigabit Minnesota Subscriber shall be responsible to distribute, publicize and enforce the Gigabit Minnesota Acceptable Use Policy at their sites. In addition, each Gigabit Minnesota Subscriber shall provide this policy to appropriate administrative authorities at all sites connected to theirs via connections not directly supported by Gigabit Minnesota.

If Gigabit Minnesota becomes aware that a Gigabit Minnesota Subscriber is in violation of the law or this Service Agreement & Acceptable Use Policy, Gigabit Minnesota reserves the right to impose disciplinary action up to and including, the expulsion of the Subscriber from Gigabit Minnesota, termination of Gigabit Minnesota services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

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