Here are the components of Gulf Islands Wireless Network Ltd.’s AUP, along with brief explanations of why each is included:

Introduction: Explains why the AUP exists, how it protects our subscribers and protects our ability to run a fast, high availability network without hassles. In this section, we also outline what will happen to subscribers who abuse or violate any of our standard policies.

Warranties/Disclaimers: Gulf Islands Wireless Network Ltd.’s ability to provide end-user with Wireless Internet Connectivity depends on several unknown factors, including, but not limited to, direct Line Of Sight (LOS), trees, buildings, curvature of the earth, customer location etc.. Notwithstanding anything to the contrary in this Agreement, Gulf Islands Wireless Network Ltd. shall not be required to provide Wireless Internet Connectivity to a location if Gulf Islands Wireless Network Ltd. determines, in Gulf Islands Wireless Network Ltd.’s sole discretion, that the Wireless Internet Connection cannot be provided to such location in an economically viable manner or without sufficient quality. Gulf Islands Wireless Network Ltd. shall inform it's end-users that the Wireless Internet Connection Service may not be available at its location and agrees to indemnify and hold Gulf Islands Wireless Network Ltd. harmless from any claims, damages or losses, including without limitation, attorney fees, arising from Gulf Islands Wireless Network Ltd.’s failure to inform. Gulf Islands Wireless Network Ltd.s failure to insist upon or enforce strict performance of any provision of the Service Agreement will not be construed as a waiver of any provision or right. Where any provision of the Service Agreement conflicts with an applicable tariff, the tariff will supersede the Service Agreement only in respect of the conflicting provision.

Security: Gulf Islands Wireless Network Ltd. does not guarantee that any communication or use of Gulf Islands Wireless Network Ltd. services is truly secure, that although confidential information will be kept as secure as possible, and the customer has no enforceable right to total privacy from a data packet standpoint. From an ISP/customer standpoint, customer does have a fundamental right: that Gulf Islands Wireless Network Ltd. will not disclose any confidential information that customer provides Gulf Islands Wireless Network Ltd..

Personal Files: This section establishes that Gulf Islands Wireless Network Ltd. is not responsible for back ups of subscribers' personal files and other information, and that Gulf Islands Wireless Network Ltd. have a right to delete their information after they are no longer a customer of Gulf Islands Wireless Network Ltd..

Non transferability of Account: A Gulf Islands Wireless Network Ltd. customer may not have more than one computer connection per account at any time, unless they have a router configured by Gulf Islands Wireless Network at the time of installation. A customer may choose to install a router at future date providing they notify Gulf Islands Wireless Network with written advance notice of their intent to install the above said equipment. The customer further agrees to be billable for any costs that may be incurred by Gulf Islands Wireless Network Ltd due to network problems arising from misconfigured equipment added by the customer. Nor may Gulf Islands Wireless Network Ltd. customers transfer, assign, sublet or give out their Internet connection for use by friends or others. Account sharing is a violation of the terms of this section. Gulf Islands Wireless Network Ltd. customers shall not assign this Agreement without prior written consent of Gulf Islands Wireless Network Ltd.. Any attempted assignment in violation of this section shall be void and a material default under this Agreement.

Network Address Ownership: Any IP addresses assigned to Gulf Islands Wireless Network Ltd. customers are considered loaned to Gulf Islands Wireless Network Ltd. customers, and not given. They will revert back to Gulf Islands Wireless Network Ltd., after the customer leaves.

CPE

Configuration: Gulf Islands Wireless Network Ltd., or its authorized agents will perform basic initial installation of all wireless hardware and software configurations for connecting one computer to our Wireless Network. Customers wishing to uses routers to share their connection do so at there own risk and acknowledge that Gulf Islands Wireless Networks accepts no responsibility for the setup and compatibility of said router with our system. Specifically, the D-link 624 is known to not be compatible with our system. Any additional configurations, modifications etc. will be billed at the current rate of $95.00 /hr.

Equipment: Gulf Islands Wireless Network Ltd., or its authorized agents will perform initial hardware installation of the CPE Equipment. Additional configurations will be billed at the current support rate of $95.00 / hr..

Support: Upon completion of the Wireless Internet Connection installation, the end-user will be responsible for CPE configuration, physical and data security.

Compliance with All Laws: Gulf Islands Wireless Network Ltd. customers understand and agree not to violate any laws while using the services of Gulf Islands Wireless Network Ltd., and that Gulf Islands Wireless Network Ltd. customers will "hold Gulf Islands Wireless Network Ltd. harmless" in any claim against same.

Unacceptable Conduct: This is a partial list of the items that constitute unacceptable conduct-such as: excessive posting or otherwise abusing USENET, sending unsolicited emails (spam), using Gulf Islands Wireless Network Ltd. to do anything with spam, harassing other individuals, mail bombing, impersonating or falsifying any information, violating anyone's privacy, use of IRC bots, network-unfriendly activity or hacking that causes interference with normal network operations, attempts to gain unauthorized root access to the Gulf Islands Wireless Network Ltd. or other ISP Servers, participating in chain letters any other attempt to use Gulf Islands Wireless Network Ltd. as a staging ground to hurt others in any way.

Right to Disconnect Non-authorized Accounts: This gives Gulf Islands Wireless Network Ltd. the right to shut down connections that are not authorized by Gulf Islands Wireless Network Ltd., violations of the AUP or where subscribers are in any way attempting to use a services not authorized or not paid for by the subscriber. 

Excess Utilization of System or Network Resources: All subscriber accounts are authorized a maximum number of gigabytes of transfer (upload/download) per month as outlined in their service package. Gulf Islands Wireless Network Ltd., at it's sole discretion may charge individual subscriber accounts additional fees without additional warning or notice for exceeding these maximum authorized transfer rates. Additionally, Gulf Islands Wireless Network Ltd. reserves the right to suspend and/or cancel service to subscribers that repeatedly exceed their monthly data transfer limit as outlined in their service package. It is the responsibility of each subscriber to ensure they comply and monitor their use.

Compliance with Rules of Other Networks: Gulf Islands Wireless Network Ltd. subscribers agree to not perform any act that causes other ISP’s to advise Gulf Islands Wireless Network Ltd. that the subscriber has conducted unacceptable conduct towards a customer of the other ISP.

Non Interference: Gulf Islands Wireless Network Ltd. subscribers agree to not install or allow any EXTERNAL radio's, antenna or similar equipment using the 2.4 gHz, 5 gHz and 3.5 gHz frequency bands on their property.

Monitoring and Privacy: Gulf Islands Wireless Network Ltd. complies with all applicable laws, rules, and regulations pertaining to Monitoring and Privacy and expects all Gulf Islands Wireless Network Ltd. subscribers to do the same. 

Cooperation with Authorities: Gulf Islands Wireless Network Ltd. is serious about getting the law involved for any illegal egress or transaction that Gulf Islands Wireless Network Ltd. subscribers may attempt while using Gulf Islands Wireless Network Ltd. services.

ISP's Right to Suspend or Cancel Accounts: While Gulf Islands Wireless Network Ltd. is a private business, Gulf Islands Wireless Network Ltd. customers may think Gulf Islands Wireless Network Ltd. is required to provide them service whether Gulf Islands Wireless Network Ltd. likes it or not (as Gulf Islands Wireless Network Ltd. would be if Gulf Islands Wireless Network Ltd. were a telecom carrier). This simply is not the case. In addition to clarifying that point, this section covers a number of collateral issues:

· Gulf Islands Wireless Network Ltd. policies regarding folks who don't pay on time

· Gulf Islands Wireless Network Ltd. subscribers are responsible for informing Gulf Islands Wireless Network Ltd. of address changes or other new contact information

· Gulf Islands Wireless Network Ltd. termination policy

· Gulf Islands Wireless Network Ltd. refunds from cancellation of prepaid account are only available on a prorated basis after completion of the first one year term of service, as if they were month-to-month clients, rather than based on the discount they received for prepaying their account.

Harassing or abusive language or actions, whether verbal, written or otherwise, of Gulf Islands Wireless Network Ltd.'s employees, suppliers, agents and representatives is strictly prohibited and will not be tolerated.

Rights to Damages: This states that Gulf Islands Wireless Network Ltd., has a right to claim economic damages from subscribers if they violate our AUP and/or cause Gulf Islands Wireless Network Ltd. significant economic harm. Any incident causing more than $500 in damages or harm may result in formal complaints in the appropriate courts.

Right to Modify or Change Service: Gulf Islands Wireless Network Ltd.'s may from time to time add to, delete from, modify, amend, update, or otherwise change this AUP and charges for services as Gulf Islands Wireless Network Ltd. needs arise. Continued use of Gulf Islands Wireless Network Ltd. services after any changes to the AUP or changes in Gulf Islands Wireless Network Ltd. charges signifies that you agree with such changes or charges.

Limitation of Liability. In the event of any breach or negligence by Gulf Islands Wireless Network Ltd., its affiliates, suppliers or agents, including without limitation any breach of a fundamental term of the service agreement, your exclusive remedy will be to receive from Gulf Islands Wireless Network Ltd. payment for actual and direct damages to a maximum amount of one hundred dollars ($100.00). Other than the foregoing remedy, under no circumstances will Gulf Islands Wireless Network Ltd., its affiliates, SUPPLIERS or agents be liable to you or any third party, whether in contract, tort or otherwise, AND EVEN IF YOUR SERVICE PROVIDER, OR ANY OF its affiliates, SUPPLIERS OR agents, HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY, FOR: any direct, indirect, special, exemplary, punitive or CONSEQUENTIAL DAMAGES, including, without limitation, loss of profits and loss of business opportunities that result in any way from the service or the Service Agreement, including WITHOUT LIMITATION, the use, OR UNAVAILABILITY FOR USE, of the Service, the equipment, any third party equipment, software or services or access to the Internet, or any part thereof, by you or any other person through your Account, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of files, errors, defects, delays in preparations, or transmission, failure of performance, or any such damages that arise in connection with or result in any way from any claim, allegation or action relating to personal injury, property damage or death, or any losses, expenses (including without limitation legal fees) or other amounts arising out of, or in connection with the service or the service agreement, including without limitation, any allegation, claim, suit or other proceeding based upon a contention that the use of the Service, the equipment or any third party or other equipment, software or services by you or a third party through your Account infringes the intellectual property rights or contractual rights of any third party.

Without limiting the generality of the foregoing, Gulf Islands Wireless Network Ltd., its affiliates, suppliers AND agents are not liable for:

defamation or copyright infringement arising from material transmitted or received through use of the service; or infringement of patents arising from combining or using customer-provided facilities, HARDWARE OR SOFTWARE with Gulf Islands Wireless Network Ltd. or its affiliates facilities, hardware or software; or any act or omission of a telecommunications carrier whose facilities are used in establishing connections to points which Gulf Islands Wireless does not directly serve.

Performance Levels: To the extent permitted by applicable law, Gulf Islands Wireless Network Ltd. does not guarantee, warrant, or make any representations as to the availability or performance of the Service. Speed is a function of the bottlenecks experienced upon the wider network architecture of the Internet itself. As such, Gulf Islands Wireless Network Ltd. does not guarantee the maximum Service performance (throughput speeds) levels. Simultaneous use of high bandwidth applications (for example, streaming media) by one or more users may result in an experience that is slower when compared to a single application used by a single user.

Acceptable Use

1.  Unlimited connection time.

Not Acceptable Use

1.  No Residential/SOHO subscriber may host a business class web site from their systems. A business class web site includes, but not limited to, the selling of any item, service, or information related to items or services for sale.

2.  Gulf Islands Wireless Network Ltd. has a Zero Tolerance for SPAM. Any customer conducting such activities will immediately have their service agreement terminated and is subject to fines.

3.  Hacking - Any unauthorized attempts to gain access to anyone else's computers will immediately have their Gulf Islands Wireless Network Ltd. service agreement terminated and is subject to fines.

4.  Any deviation from your account status. e.g. 

You are paying for a residential access account, and you establish and maintain a Server (of any type)

5.  Use of any Gulf Islands Wireless Network Ltd. asset without the express written permission of Gulf Islands Wireless Network Ltd..

6. No person(s) may resell or redistribute Gulf Islands Wireless Network Ltd.'s services without the expressed prior written consent of Gulf Islands Wireless Network Ltd.

Gulf Islands Wireless Network Ltd. has and uses software and hardware to detect the use of additional equipment. If it is determined that you are violating your account status by adding additional computers,  (1) Your account may automatically be charged for the higher level of service, without warning or notice. (2) Your account may be terminated, (3) Your account may be charged a fee of no less than $500.00 for "Theft of Services" and legal actions may also apply.

Termination Policy:

Gulf Islands Wireless Network Ltd. may at its sole discretion suspend and/or terminate customer access without notice if the customer's account is more than 30 (thirty) days in arrears.

In addition, Gulf Islands Wireless Network Ltd. may at it's sole discretion charge a reconnection fee of $150.00 (fifty dollars) and may also require payment in advance for services prior to the restoration of service to the delinquent account.

Equipment Return Policy:

1.  Gulf Islands Wireless Network Ltd. offers no warranty on any specific parts sold. However, all items purchased through Gulf Islands Wireless Network Ltd. have various manufacturer warranties. It is the customers responsibility to determine warranty needs with the manufacturer.

2.  Manufacturer warranties may vary.

3.  Gulf Islands Wireless Network Ltd. "MAY" at it's sole option, provide a refund for Customer equipment purchased through Gulf Islands Wireless Network Ltd.. Restocking Fees may apply.

4.  Gulf Islands Wireless Network Ltd. does not provide "hot swap" replacement items for defective manufacturer items. Items covered under manufacturer warranty must be handled directly with the manufacturer. Gulf Islands Wireless Network Ltd. can assist you but is not responsible for any manufacturer warranty.