Great Auk Wireless

Great Auk Wireless, LLC Service Agreement

Great Auk Wireless, LLC (hereafter referred to as "GAW") may change or add any changes they feel necessary at any time to these terms and conditions. See www.gaw.com for changes or additions made to the terms and conditions of service. Please visit site frequently for contract changes. GAW will notify you of any changes that affect your account.

Use of Service
GAW reserves the right to prohibit any conduct or remove any materials or equipment from any transmission site or service area. GAW may suspend or terminate your use of GAW Services for any reason at any time, including if it determines that you have failed to comply with any of the terms listed herein. We also reserve the right to take or terminate the use of any GAW user name or email address at any time. GAW retains the right to change any of its services and may change its billing methods at any time. GAW has the right to terminate any service at any time without notification.

If residential usage exceeds more than 10 gigabytes of data transfer with in one billing cycle or one (1) month, your bandwidth service level will be limited to 50 percent of the contracted amount until the next billing cycle.

There are no data transfer limitations for GAW@work business customers.

Use of Subscriber Information
GAW has the right to compile and store as much information about you and your computer as necessary to provide service. GAW will not pass any customer information out to any parties. Information may be passed out to the GAW marketing department and any other subsidiary of GAW.

Delivery of GAW Services
GAW does not guarantee Internet connection or wireless service one hundred percent of the time. GAW is not responsible for Acts of God that may cause down time to some or all customers. GAW reserves the right to suspend or interrupt service for necessary maintenance and/or expansion of service.

Early Termination of GAW Services
Early termination fees for contracted subscribers will result in charges of $200.00 for cancellation of residential and 50 percent of the remaining contracted monthly recurring charge for commercial service as detailed in separate commercial agreement. If customer equipment is not returned to GAW, a $299.95 equipment fee will be assessed. Once equipment has been installed and a customer wishes to move or transfer the location and equipment to another location within the GAW service area, a $100.00 transfer fee will be assessed.

Survey Request
You agree to fill out any forms or questionnaires, and surveys that are requested by GAW from time to time as accurately as possible.

Payment of GAW Services and Fees
GAW reserves the right to charge customer's credit card or customer provided bank account on a recurring basis for any of the services that are being used or requested, as allowed by individual customer's service contract terms.

GAW may discontinue your services if payment is not received within 31 days of due date, the first day of each month. Late payments may cause an increase in the following month's bill. If for any reason your service is disconnected and you would like to reactivate your account, there will be a reconnection fee assessed. Late payment and reconnection fees may vary by service agreement and service region. GAW reserves the right to bill credit card or customer provided bank account for any late fees. GAW will not charge credit card for reconnection to service without confirmation.

By agreeing to any GAW Service Contract you accept any charges that are charged to your account, whether it was you or anyone else that may have access to your account information. You are responsible for all charges that are made to your account. You must be at least 18 years old to obtain an account with GAW. As the account holder, you are responsible for monitoring any minors that you allow to use your account and any related services they may access. GAW is not responsible for any hardware that a customer may be using beyond the point of demarcation, explained at the time of installation for service, and makes no guarantee to the compatibility of user equipment with GAW equipment, networks, or services.

As-is, Best-effort Service
GAW may send information that lets you know about any changes or new services that may be provided. GAW also may attach links with other information that may be of use. You acknowledge that GAW service is an as-is, best-effort service, without any kind of warranty, without limitation, unless otherwise expressed in residential or commercial agreement.

Reselling and Transferability of GAW Services
Reselling of GAW services, equipment, expertise or information of any kind is strictly prohibited. Your account is non-transferable and non-assignable by you and is strictly for use by the registered user. Your account and services may not be copied, resold, leased, assigned or exchanged in any way. By becoming a registered account user of GAW services, you take full responsibility for any wrongdoings that you may commit while using GAW services, or through the use of GAW equipment. The maintenance and upkeep of the registered user's services are the sole responsibility of the registered user, and not the responsibility of GAW. GAW may delete, block or confiscate any transmissions, posts, E-mail or attachments that GAW feel may be of any harm or inappropriate.

Acceptable Use Policy
We respect the Subscribers' privacy at Great Auk Wireless (Hereafter referred to as GAW). We exercise no control over the content of the information passing through GAW. As a Subscriber, you are fully responsible for the privacy of, content of and liability of your own communications. The persons and organizations, including GAW Subscribers, who publish materials and information which are accessible through GAW, 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. GAW does not accept responsibility for the content of the materials and information published by others, which are accessible through GAW's 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 GAW, GAW does not develop or publish, nor does GAW review, censor or edit the materials and information which are accessible through GAW, or the materials and information which are accessible through the other computer networks which may be connected to GAW. GAW does not censor, limit or control the information that comes in and out of its system, except in accordance with the provisions of this agreement and applicable law. We will rely on the complaints from any of the following:

Other Users on GAW's system
Users on other hosts or providers on the Internet
Any other information we may receive

We will take immediate action against any GAW subscriber who abuses any of GAW's facilities, services or resources. GAW will review all complaints or instances of inappropriate utilization of facilities, services or resources. GAW will decide at its sole discretion what action is to be taken, including the suspension or termination of account services. If you have any complaints about other Subscriber's utilization of GAW's services or facilities please contact us at once.

By using GAW's facilities, services or resources, Subscriber is indicating acceptance to the terms and conditions set forth in this document. All Subscribers must be of legal age and may be required to provide proof of age. As a Subscriber, you may not resell this service or access to this service in any way unless prior arrangement has been made.

As a Subscriber you may have an additional Authorized Representative who is vested with the same authorities as the Subscriber. For your protection, GAW will never release information to other parties unless required to do so by the appropriate authorities. Prior to such disclosure, GAW will make a reasonable effort to notify the Subscriber or the Authorized Representative.

Your account may be used by yourself, members of your immediate family or an Authorized Representative of your company. Use of your account by someone other than yourself, immediate family members or an Authorized Representative of your company may cause your service to be terminated. Processes run by your account must be run interactively. Unattended processes will be terminated. Spamming is not allowed.

GAW's services are provided on an as-available basis and GAW makes no warranties of any kind, whether expressed or implied, in connection with the products or services provided hereunder.

GAW DISCLAIMS ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Neither GAW nor GAW's 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 the services provided hereunder. This includes, but is not limited to, any liability for lost profits, loss of use, 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 GAW's network is at your own risk. GAW specifically denies any responsibility for the accuracy or quality of information obtained through our services.

System and Network Use Policies:
It is the responsibility of all GAW Subscribers and their constituents who have access to GAW and to the networks of other providers, to comply with the GAW 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 GAW to:

Use GAW's facilities, services or resources in a manner that does not violate any applicable laws or regulations;
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 the legal protection provided by copyright, trademark, licenses and other laws to programs, data and documents. You may not upload to GAW any data or software that is subject to distribution or copyright limits. You have the sole liability for any data or software uploaded to GAW; and
Minimize un-authenticated or anonymous access accounts and the transmission or distribution of messages or articles from those accounts.

Use GAW's facilities, services or resources in a manner that does not interfere with or disrupt other network users, services or equipment. Such interference or disruption includes, but is not limited to:

Wide-scale distribution of messages to inappropriate forums or mailing lists,
Sending unsolicited bulk email (SPAM)
Propagation of computer worms or viruses
Use of the network to make unauthorized entry to other computational, information or communications devices or resources.

This includes unauthorized security probing activities or other attempts to evaluate the security and integrity of a network or host system without permission.

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, GAW Subscribers have the right to cancel their accounts at any time for any reason. You must cancel five days before your next billing period to avoid being charged for the following month.

GAW reserves the right to suspend and/or cancel any 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.

Billing:
All accounts will be billed monthly for service in advance. All invoices are due and payable upon receipt unless prior payment arrangements have been made such as credit card billing or automated clearing house (ACH) using customer provided back account or other method. Billing cycle is approximately 30 days. All returned checks will be subject to a $35.00 fee for each time they are rejected by Subscriber's bank. Account access may be interrupted if a dishonored check is not paid in full with all applicable fees at our offices within five (5) days of receipt from Subscriber's bank. Subscriber agrees to make payment in full to GAW for all amounts due according to GAW's invoice(s). Subscriber also agrees to pay GAW, as interest, an amount equal to 1.5% per month, or the maximum provided by law (whichever is less) for invoice amounts that are greater than 60 days past due. Should Subscriber default in any such payment(s), GAW shall have the right, without notice to Subscriber, to declare all invoice amounts due and payable.

In the event GAW 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 GAW, whether or not suit is filed. GAW 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 GAW to be a defendant, co-defendant or to have to testify in any civil or criminal legal action or arbitration.

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

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

Even though GAW does not review, censor or edit the materials and information which are accessible on the GAW network or other networks which may be connected to the GAW network, if GAW becomes aware that a GAW Subscriber is in violation of the law or this Service Agreement & Acceptable Use Policy, GAW reserves the right to take immediate action up to and including, the expulsion of the Subscriber from GAW, termination of GAW services, and forfeiture of all fees paid to date. Evidence of illegal or prohibited activities may be disclosed to law enforcement authorities.

Modifications to this Policy:
GAW reserves the right to modify this policy at any time. Subscribers should see www.gaw.com for changes or additions. Please visit site frequently to be updated as to changes or additions to this policy and/or terms and conditions of service.