GiGoNET   Terms and Conditions and Acceptable Use Policy

This document, “Terms and Conditions and Acceptable Use Policy”, is hereafter referred to as UA. The name GiGoNET refers to the parent company GiGoNET and the wireless division, DesertWISPer. Your use of GiGoNET services ("Services") is subject to the payment of all monthly fees related to the Services and this GiGoNET Terms and Conditions and Acceptable Use Policy. EXCEPT AS SET FORTH BELOW, PRICING FOR THE GiGoNET SERVICES, AND THE GiGoNET TERMS AND CONDITIONS AND ACCEPTABLE USE POLICY (COLLECTIVELY "TERMS AND CONDITIONS") ARE SUBJECT TO CHANGE WITHOUT NOTICE. DesertWISPer customers further agree to 12 contiguous months of payment for service. Any installation where the customer only wishes fractional annual service is considered a full installation and the customer must pay every month regardless of usage.  DesertWISPer does not have a fractional monthly user plan or allowance. DesertWISPer subscribers are liable for every month of service for all 12 months of the installation. After the 12 months, the subscriber may cancel without penalty. The subscriber is liable for every month, without acceptation. Payment of your monthly invoice constitutes the customers full agreement to and with all content of this policy. DesertWISPer subscribers are allotted only 1 random real IP address. Additional IP addresses are billable. Call for pricing.

IF YOU FAIL TO PAY THE MONTHLY FEES FOR THE SERVICES, OR IF YOU VIOLATE THE TERMS AND CONDITONS, GiGoNET RESERVES THE RIGHT TO SUSPEND YOUR INTERNET ACCESS, CANCEL YOUR ACCOUNT(S), RECLAIM EQUIPMENT, IN ADDITION TO OTHER REMEDIES IT MAY PURSUE.

A.      ACCESS PLANS.

1. GiGoNET offers only a month-to-month plan ("Monthly Plan"), which entitles you, to any time access to the Internet during each month of your subscription to the Services. Under the Monthly Plan, GiGoNET may change the fees for the Services at any time with prior notice. You may cancel your GiGoNET account(s) at any time, but you must pay all fees for the Services through the month in which you cancel your account.

B.      TECHNICAL SUPPORT.

1. GiGoNET will only support Windows98, Windows98SE, Windows Millennium, Windows NT4, Windows 2000 and Windows XP clients.

2. GiGoNET will provide limited technical support, at no additional charge, to help you install any GiGoNET provided software on clients stated in (B.1.) and to access GiGoNET's Internet network. You agree that GiGoNET staff are not to be held, in any way, responsible or liable for any support help or suggestions or the results of those suggestions. Technical support does not include PC repair or virus removal.

C. GENERAL TERMS AND CONDITIONS. You represent that you are at least eighteen (18) years of age and have the right and ability to enter into these Terms and Conditions. At any given time on your account, only one person is authorized to access the Services, and only on one modem at a time.

1. RESERVATION OF RIGHTS. GiGoNET RESERVES THE RIGHT, AT ITS SOLE DISCRETION, TO MAKE CHANGES AND MODIFICATIONS IN SERVICE, EQUIPMENT AND THE RATES AND TERMS OF THESE TERMS AND CONDITIONS AT ANY TIME WITHOUT PRIOR NOTIFICATION. GiGoNET RESERVES THE RIGHT TO TERMINATE THE SERVICES AT ANY TIME. GiGoNET reserves all copyrights and other rights in and to and content available through the Services and identified as or claimed by GiGoNET as proprietary to GiGoNET (and its licensors).

2. ACCOUNTS. The dial-in accounts provided by GiGoNET are for low-medium volume use. GiGoNET shall provide Internet Services as specified on our web site and in GiGoNET product literature. GiGoNET does not guarantee modem access speeds, telephone lines, telephone traffic, PBXs and other telecommunication factors which are outside its control, which may affect the bits per seconds that particular modem can receive or transmit data. The same applies to wireless access as GiGoNET can not guarantee continuous line of sight across properties it does not own or control. GiGoNET does not control or in any way warrant reliability, availability, or performance of resources accessed through the Internet.

3. DATA AND EMAIL. GiGoNET assumes no liability for damage to account files, loss of data, or connect time charges attributable to your failure to maintain confidentiality or protect your passwords from unauthorized users or virus infestations. GiGoNET makes no guarantee and assumes no liability for the security of any data on any server, including secure servers. You acknowledge that there is no guaranteed privacy on the Internet and that GiGoNET is not liable for any viewing or interception of you email, news, etc. by outside parties. GiGoNET reserves the right to monitor your email, newsgroup, and other activity if such activity adversely impacts GiGoNET's Services or customers, or if GiGoNET's Webmaster(s) suspects that such activity is in violation of these Terms and Conditions. GiGoNET reserves the right to block, delete, unsubscribe, remove any e-mail or web content that is impacting quality of service. 

4. WEB-PAGE. All personal web space(s), if any, is allocated for non-commercial, personal use only. Any web-space that is used for commercial purposes (i.e. with the intent to sell goods and/or services) fall under business dialup pricing and will be charged accordingly. All business web content must be legal in content, is subject to all US and Arizona Laws. All web content, personal or business, must comply with this UA. If GiGoNET's Webmaster(s) suspects that such activity is in violation of this agreement, content will be removed. GiGoNET assumes no liability, of any sort, for loss or damages resulting from content removal.

5. LIMITATIONS ON USE. GiGoNET reserves the right to suspend or cancel your mailbox(s) if it has reached such size or generates such traffic that it adversely impacts system or network performance. GiGoNET may optionally limit your mailbox(s) size, or reduce your maximum information rate, at GiGoNET's sole discretion.

Any account(s) access may be disconnected automatically within twenty (20) minutes of inactivity. "Unlimited use" applies only to active use and applies to wireless users during use of backup access via dialup.

GiGoNET reserves the time block of 2am to 4am every Monday for ongoing equipment or software maintenance or upgrades or replacements. GiGoNET, though not required, will effort notification of scheduled activities.

GiGoNET reserves the right to suspend or cancel your account if your use of the GiGoNET Services adversely impacts system or network performance or is in violation of this UA.

6. CONSENT. You acknowledge that Internet sites and use of the Internet (including, but not limited to, newsgroups, chat, message boards, IRC, FTP, and Telnet) might consist of, include or provide access to images, sound, text and other content that may be unsuitable for children and objectionable to adults. You acknowledge that GiGoNET is not responsible for any such content or material and agree that access to such material through use of GiGoNET Services is at your sole risk.

You acknowledge that safeguards relative to copyright ownership, decency, obscenity, reliability and integrity of content may be entirely lacking with respect to Internet and content accessible through it. GiGoNET does not evaluate, endorse or in any way vouch for the accuracy, completeness, truthfulness or reliability of any service, opinion, material of information made available through the Services.

7. NO WARRANTY. YOU EXPRESSLY AGREE THAT YOUR USE OF THE GiGoNET SERVICES IS AT YOUR SOLE RISK. NEITHER GiGoNET NOR ITS INFORMATION PROVIDERS, LICENSORS, EMPLOYEES OR AGENTS WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES GiGoNET OR ANY OF IT INFORMATION PROVIDERS, LICENSORS, EMPLOYEES, OR AGENTS MAKE ANY WARRANTY AS TO THE RESULTS TO BE OBTAINED FROM THE USE OF THE SERVICES. THE SERVICES ARE DISTRIBUTED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR OTHERWISE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS.

8. LIMITATION OF LIABILITY. NEITHER GiGoNET NOR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, INSTALLING OR DELIVERING THE SERVICES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE INSTALLATION AND/OR USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES OR OUT OF ANY BREACH OF ANY WARRANTY; IT BEING UNDERSTOOD, HOWEVER, THAT THIS DISCLAIMER AND LIMITATION OF LIABILITY WILL NOT APPLY TO THE EXTENT SUCH LIABILITY IS INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THESE TERMS AND CONDITIONS. YOU EXPRESSLY ACKNOWLEDGE THAT THE PROVISIONS OF THIS PARAGRAPH SHALL ALSO APPLY TO ALL THIRD PARTY CONTENT AND ANY OTHER CONTENT AVAILABLE THROUGH THE SERVICES. YOU AGREE THAT IT WILL NOT IN ANY WAY HOLD GiGoNET RESPONSIBLE FOR ANY SELECTION OR RETENTION OF, OR THE ACTS OR OMISSIONS OF, THIRD PARTIES IN CONNECTION WITH THE SERVICES.

C. ACCEPTABLE USE POLICY. In addition to the foregoing limitations, you agree and acknowledge that GiGoNET may enforce this UA against you if you engage in any illegal activities or in activities that are otherwise unacceptable under the UA set forth in this section.

YOU MAY NOT USE THE GiGoNET SERVICES FOR ILLEGAL PURPOSES OR IN SUPPORT OF ILLEGAL ACTIVITIES. GiGoNET RESERVES THE RIGHT, AT ITS OPTION AND IN ITS REASONABLE GOOD-FAITH DISCRETION, TO PROVIDE INFORMATION ABOUT YOU OR YOUR ACCOUNT WHEN REQUIRED TO DO SO IN CONNECTION WITH INVESTIGATION OR PROSECUTION OF CRIMINAL OR CIVIL MATTERS.

Activities which are prohibited as potentially illegal include, but are not limited to:

• Unauthorized copying of copyrighted material including, but not limited to, digitization and/or distribution of the following works in any form: photographs from any copyrighted source (such as newspapers, magazines, or books); musical works and recordings; movies; and video; or copyrighted software.
• Exporting software or technical information in violation of U.S. or other applicable export control laws.
• Posting, emailing or messaging of "make-money-fast" schemes, "pyramid" or "chain" letters or other similar scams.
• Threatening bodily harm or property damage to individuals or groups.
• Making fraudulent offers of products or services. These matters will be reported immediately to the authorities.
• Distributing viruses/worms to or from GiGoNET.  Wireless customers will run a personal firewall and anti-virus that is kept current. Failure to do so will result in service suspension until this requirement is met.
• Otherwise trafficking in illegal content.
• Attempting to access the accounts of others, or attempting to penetrate security measures of GiGoNET's or other entity’s systems ("hacking"), whether or not the intrusion results in corruption or loss of data.
• Harassing others by “Instant Message”,” mail-bombing", "news-bombing" or "spamming". "Mail-bombing" constitutes sending more then ten (10) similar messages to the same email address or utility identification name or number, regardless of the time frame. "News-bombing" constitutes sending more then 10Mb of data to a newsgroup. "Spamming" constitutes the transmission of unsolicited mass message delivery to any receiving email address or utility identification name or number, regardless of the time frame or number of messages delivered.

Sending unsolicited messaging where the recipient objects to the content or receipt of the messaging is also prohibited under these Terms and Conditions. A message is unsolicited if it is posted or sent in violation of a USENET or newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making owners email address or utility identification name or number accessible to the public shall not constitute a request or invitation to receive messaging.

• You acknowledge that you are prohibited from utilizing GiGoNET's Services or equipment or any GiGoNET electronic message delivery system address or identification name or number to send the same or substantially similar unsolicited electric mail message, whether commercial or not, to a large number of recipients. This prohibition extends to the sending of unsolicited mass messaging from another service which in any way implicates the use of GiGoNET's Service, GiGoNET's equipment or any GiGoNET's electronic messaging address, identification name or number.
• You specifically agree that you will not utilize the GiGoNET's Service or equipment or any GiGoNET electronic messaging address or identification name or number in connection with the transmission of the same or substantially similar unsolicited message to 20 or more recipients or 10 or more newsgroups in a single day.

Even though not necessarily prohibited by law, you may not use the GiGoNET Services for or in support of inappropriate purposes, such as:

• Accessing, storing or transmitting pornographic content. Child oriented content will be immediately report to the authorities.
• Engaging in activities that are vulgar or profoundly offensive. Profoundly offensive activities include, but are not limited to, posting or transmitting of material in support of racial, religious or other unacceptable bigotry.
• Revealing your account password to others or allowing the use of your account by others (other than authorized users in your household). Multiple connections are strictly prohibited. 
• Use of the same username and password combination for simultaneous login.
• Forging any message header ("Spoofing"), in part or whole, of any electronic transmission, originating from or passing through GiGoNET Services.
• Installation of "Auto-Responders", "Cancel-Bots" or similar automated or manual routines which generate excessive amounts of network traffic and message system activity, or disrupt newsgroups or messaging to/from others.
• Originating any form of denial of service against another person, server, service, or site is in direct violation of this UA.
• Employing electronic or mechanical means to avoid disconnection due to inactivity. Such means include, but are not limited to:
• Electronic or mechanical means of pinging the mail server
• Electronic or software AutoDial features to maintain an active connection
• Repetitive messaging checks, automatic or manual. Such repetition includes, but is not limited to, checks in excess of once every five minutes.

It is also unacceptable to engage in an illegal activity using the service of another provider and channel such activities through GiGoNET account(s) or re-mailer or relay agent, or using GiGoNET account(s) as a mail drop for responses.

GiGoNET RESERVES THE RIGHT IN ITS SOLE DISCRETION, TO REMOVE ANY INFORMATION, SOFTWARE OR OTHER CONTENT OR MATERIAL ACCESSED OR PROVIDED THROUGH USE OF THE SERVICES THAT IS (1) POTENTIALLY ILLEGAL, (2) COULD SUBJECT GiGoNET TO LIABILITY OR (3) OTHERWISE IN VIOLATION OF THESE TERMS AND CONDITIONS.

GiGoNET HAS THE RIGHT TO ENFORCE USE OF THE SERVICES AS FOLLOWS: REQUESTING CLIENTS TO LOG OFF AND DISCONNECT FROM ALL OR SOME SERVICES TO ENABLE ACCESS TO OTHERS; TEMPORARILY SUSPENDING YOUR ACCOUNT; OR PERMANENTLY CANCELING YOUR ACCOUNT AND TERMINATING YOUR ACCESS TO SERVICES.

C. BILLING TERMS. You acknowledge that there will be an initial setup fee and a reoccurring monthly service fee. You are further responsible for any taxes, connect time charges, roaming charges, local toll charges, or any other charges that you incur. You may cancel your subscript at anytime, however, you will remain responsible for payment of any charges, fees, or taxes incurred through the month in which you cancelled. MONTHLY FEES ARE NOT PRO RATED NOR ARE THEY REFUNDABLE.

For billing purposes, GiGoNET generates invoices on or about the 1st day of the month and the 15th of the month. Invoices are distributed electronically. You are responsible for ensuring GiGoNET has the proper e-mail address to bill you at, and that the e-mail box is in working order. If payment is not received by 10 days after your billing date, your account will be accessed a late fee. If payment is not received by 14 days after your billing date, your access will be suspended. If an account is suspended, reactivation will not be made until payment has been made by money order or cashiers check. No personal checks will be accepted to re-activate suspended account(s).

If payment is not received by 30 days after your billing date, your account(s) and all associated files will be deleted and collection activities initiated. Deleted accounts wishing reinstatement will be assessed a re-activation fee to restore them to service.  GiGoNET may terminate “contribution” accounts at anytime, for any reason, without cause, without notice. Contribution accounts are subject to this UA.

Payment for service may be made by check or money order. The only acceptable method of payment is via the US postal mail. NO OTHER FORMS OF PAYMENT OR DELIVERY METHODS WILL BE ACCEPTED. GiGoNET does not consider a payment as received, if it did not come out of the P.O.Box 1228 Florence AZ 85232 or from the payment drop location at 206 North Main Street, Florence, AZ 85232. 

ALL PAYMENTS MUST HAVE THE GiGoNET ACCOUNT NAME ON THE CHECK OR MONEY ORDER!

These Terms and Conditions are nontransferable. These Terms and Conditions constitute the entire agreement between the parties and shall be interpreted under the laws of the State of Arizona without reference to conflict of law principles.

Information in this document is subject to change without notice. The software described in this document is furnished under the manufacturer’s license agreement. The software may be used or copied only in accordance with the terms of that agreement.