GigaMonster Internet Acceptable Use Policy
As a network service provider and to ensure that all of our customers enjoy the service experience with GigaMonster, we must have a policy for the use of our network. The Acceptable Use Policy (“AUP”) below outlines acceptable and unacceptable use for GigaMonster Internet services, including Voice over Internet Protocol (“Services”). By subscribing to the Services, you (“you” or the “Subscriber”) agree to comply with this AUP, which may be amended from time to time.
Your violation of the AUP may result in the restriction, suspension, or termination of either your access to the Services and/or your account(s) with us. You acknowledge and agree that in no event shall GigaMonster have any liability whatsoever for damages, suffered by you or by any third party, to the extent such damages are directly or indirectly caused by GigaMonster's enforcement of this AUP, including the termination, restriction, suspension, or interruption of your account without advance notice.
It is important to understand that a Subscriber’s computer may transmit data without the Subscriber’s active participation or knowledge. For example, spam or the computer is “hacked” by a third party. Under this AUP, each Subscriber is responsible for all uses of his/her computer, tablet, phone, and any other related device that connects to our Services.
The following uses of the Services are prohibited:
  • Using the Services for any unlawful purpose.
  • Transmitting any materials or content that violate or infringe on the rights or dignity of others. 
  • Transmitting or facilitating any form of Spam.
  • Engaging in consumer fraud.
  • Transmitting any material that contains software viruses or any other computer code.
  • Accessing, or attempting to access, the accounts of others, or penetrating, or attempting to penetrate, security measures of GigaMonster's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Activities which adversely affects GigaMonster's property, or in any way interferes with or disrupts our network or the ability of other people or systems to use GigaMonster Services or the Internet.
  • Using the Services for business or commercial use and hosting a dedicated server site on the Internet without subscribing to a commercial service account.
  • Any action that will result in excessive consumption or utilization of the system or network resources, or which may weaken network performance.
  • Reproducing, duplicating, copying, selling, reselling or exploiting any portion of the Services without GigaMonster's prior written consent.
Privacy Policy
GigaMonster is committed to protecting your privacy. Please read this privacy policy statement carefully so that you understand what kinds of information we may gather about you, how we may use that information, whether we may disclose it to anyone, and the choices you have regarding our use of the information and your ability to correct the information. We will not trade, sell, or disclose to any third party any form of personally identifiable information without your consent, including information derived from registration, subscription, and use of the GigaMonster Service, except as stated below. This policy applies only to GigaMonster, and not to other companies' or organizations' Web sites to which we link.
The Information We Collect
The information GigaMonster gathers generally falls into three categories: (1) personal, business, and demographic information you supply that we use primarily for evaluating applicants and conducting market research, (2) information you supply when you register or initiate transactions, and (3) tracking information gathered as you navigate online. Some of this information identifies a particular person, but much of it does not. Third-party providers, whose sites are featured on and accessed via our site, may gather information as well. 

When you interact with GigaMonster, when applying for Service, for example, we may request some or all of the following information:

  • Contact information (e.g., name, address, telephone number, and e-mail address)
  • Credit card, debit card or check card and GigaMonster account number
  • Driver's license
  • Company name (for corporate accounts)
  • Transmitting any material that contains software viruses or any other computer code.
  • Household characteristics (e.g., number of children, and number of Internet users)
  • Collecting, or attempting to collect, personal information about third parties without their knowledge or consent.
  • Technology employed (e.g., type of Internet access, and specifications for your computer)
Why We Collect This Information
We need this information to process your application or service order and to conduct market research. If we have trouble processing your application or order, we use the contact information you provide to get in touch with you. We also use your contact information to provide you with GigaMonster updates or to assist you with your video or broadband service and to inform you of new products or services that may be of interest to you. 
Use of Cookies
To help make our website more responsive to your needs, we use a standard feature of browser software nicknamed "cookies." We use cookies to help us tailor our website to your needs, to deliver a better, more personalized service, and to remember certain choices you've made so you don't have to re-enter them. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

One of the primary purposes of cookies is to provide a convenience feature to save you time. For example, if you personalize GigaMonster pages, or register with GigaMonster sites or services, a cookie helps GigaMonster to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, preferred email address, and so on. When you return to GigaMonster, the information you previously provided can be retrieved, so you can easily use the GigaMonster features that you customized.

We use two kinds of cookies: (i) temporary or "session"-based cookies that contain certain information about a user's or visitor's use of our website at a particular time and (ii) "persistent" cookies that contain certain account-related information about a registered user's use of our website. Session-based cookies are automatically disabled or deleted when a user of or visitor to our website closes his or her browser software at the end of session. Persistent cookies remain stored on a registered user's computer system until he or she disables or deletes them. Of course, if you set your browser not to accept cookies or you delete them, you may not be able to take advantage of the personalized features enjoyed by other visitors to and users of our website. 
Information Collected by Third Parties

The GigaMonster web site includes links to other web sites, and provides access to products and services offered by third parties, whose privacy policies we don't control. When you access another web site or purchase products or services or conduct other transactions through a web site linked to our web site, use of any information you provide is governed by the privacy policy of the operator of the site you're visiting or the provider of such products or services. The provider's privacy practices may differ from ours. Please be aware that these third-party sites may also use their own cookies, web beacons or third-party software or "spyware," for which we are not responsible.


Disclosure of Information


We consider the personal information contained in our business records to be confidential. GigaMonster will not read, listen to or disclose to any third parties private e-mail, conversations, or other communications, except as described here, that are transmitted using our Services. We may sometimes disclose information about you to our business partners or to others who work for us. We may access and/or disclose your personal information if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on GigaMonster; (b) protect and defend the rights or property of GigaMonster including, without limitation the security and integrity of our network; or (c) act under exigent circumstances to protect the personal safety of users of our services or members of the public. 


As our business grows, we may buy or sell various assets. In the unlikely event that GigaMonster, one of its business units, or substantially all of its assets are acquired by another company, information on our visitors would be among the transferred assets. 
Security


GigaMonster is committed to protecting the security of your personal information. We use a variety of security technologies and procedures to help protect your personal information from unauthorized access, use, or disclosure. For example, we store the personal information you provide on computer systems with limited access, which are located in controlled facilities. When we transmit highly confidential information (such as a credit card number) over the internet, we protect it through the use of encryption, such as the Secure Socket Layer (SSL) protocol. As effective as modern security practices are, no physical or electronic security system is impenetrable. We cannot guarantee the complete security of our database, nor can we guarantee that information you supply won't be intercepted while being transmitted to us over the Internet. We have implemented strict internal guidelines to ensure that your privacy is safeguarded at every level of our organization. GigaMonster will continue to revise policies and implement additional security features as new technologies become available.
GigaMonster and Kids



GigaMonster takes care to protect the safety and privacy of young people using our services, and encourages you to participate in your child's experience in cyberspace. We do not sell products or services to kids. Also, we do not knowingly collect personally identifiable information from children and teenagers under the age of 18 and GigaMonster does not wish to collect any such information. 

Parents, please note that if you grant consent for your child to use our services, your child will be able to communicate with other users of all ages. Before providing consent, please be aware that your child will be able to disclose personal information (e.g. name, address, e-mail, and phone numbers) on his or her own. We encourage you to talk with your children about communicating with strangers and disclosing personal information online. You can obtain additional information about safe surfing through the Federal Trade Commission web site.

Federal law requires website operators who collect personal information from children under the age of thirteen to first get parental consent. GigaMonster will not knowingly link to any third party web site that solicits or collects personally identifiable information from minors.
GigaMonster Spam Policy 



GigaMonster will deal with Spam complaints seriously and will close spammer's customer accounts. We may use customer information to investigate and prevent potentially unlawful activity that threatens the Service(s) or network integrity or otherwise violates the GigaMonster AUP. 


What Is Spam? 

Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Both kinds of spam are inappropriate, and sending spam violates the GigaMonster AUP.
European Union Data Considerations

Personal information collected on this site may be stored and processed in the United States or any other country in which GigaMonster or its affiliates, subsidiaries or agents maintain facilities, and by using this site, you consent to any such transfer of information outside of your country. GigaMonster abides by the safe harbor framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union. 


Privacy Policy Changes 


If we decide to change our privacy policy, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone. By continuing to use GigaMonster after we post any changes, you accept and agree to this privacy statement, as modified. Of course, our use of information gathered while the current privacy statement is in effect will be consistent with the current statement, even if we change that statement later.

Please contact GigaMonster with any questions regarding this Privacy Policy.


Reporting Violations of GigaMonster's AUP
GigaMonster requests that anyone who believes that there is a violation of this AUP to direct the information to our Customer Help Desk at help@gigamonster.me.
Questions
If you have questions about the AUP, or about your rights and responsibilities as a GigaMonster subscriber, please contact our Customer Help Desk at 844-GIGABIT.


Emergency 911 Services
VOIP SERVICE DISCLAIMER AND CUSTOMER ACKNOWLEDGEMENT
Note: This VOIP Service Disclaimer and Customer Acknowledgement constitutes a part of your Broadband Services Subscriber Agreement with GigaMonster, LLC and its affiliates ("GigaMonster"). By electronically signing this Disclaimer and Acknowledgement below, you ("You") agree to be bound by the terms and conditions set forth herein.
Thank you for selecting GigaMonster as your Voice-Over-Internet Protocol ("VOIP") Telephony provider. Before You begin using GigaMonster's VOIP Service, there are a few important things to understand about the Service and, in particular, about its emergency calling (911 and E911) limitations as compared to traditional 911 and E911 service. GigaMonster will not provide the Service to You until We have received your acknowledgement (see below) that You understand these E911 limitations. This VOIP Service Disclaimer is a part of the Agreement between You and GigaMonster ("Agreement").
IT IS ALSO VERY IMPORTANT THAT YOU CAREFULLY REVIEW AND UNDERSTAND THIS DISCLAIMER AND ACKNOWLEDGEMENT, TOGETHER WITH ALL OF THE TERMS AND CONDITIONS OF THE AGREEMENT BETWEEN YOU AND GigaMonster ("DISCLAIMER"). If You have questions, please call us at 844-GIGAMONSTER OR help@GigaMonster.net.
Thank you for your cooperation.


1. BROADBAND ACCESS AND OTHER SUBSCRIBER OBLIGATIONS.
GIGAMONSTER IS NOT A TELECOMMUNICATIONS CARRIER AND PROVIDES BROADBAND ACCESS AND VOIP TELEPHONY ONLY, NOT TRADITIONAL TELEPHONE SERVICE.
2. EMERGENCY CALLING (911 AND E911) LIMITATIONS; INTERRUPTION OF SERVICE AND LOSS OF EMERGENCY E911 SERVICE.
You may experience interruption of Service (or of certain features of the Service) or degraded service quality at any time and without notice. You will likely experience Service outages in the event of electric power outages affecting your home or the area in which GigaMonster provides the Service. While GigaMonster will make commercially reasonable efforts to minimize the disruptive effects of such interruptions, degraded service quality, or outages, it makes absolutely no guarantees or assurances that these will not occur. Except as otherwise provided in the Agreement, such commercially reasonable efforts are GigaMonster's sole obligation regarding such interruptions.
Such outages or other Service disruption may include loss of emergency 911 Service dialing capabilities for extended periods of time.
It is likely that You currently have access to either basic 911 or Enhanced 911 (E911) service. With E911 service, when You dial 911, your telephone number and registered address is sent to the emergency 911 center (sometimes referred to as a "public-safety answering point" or "PSAP") assigned to your location, thus giving emergency operators access to your telephone and address information and permitting them to immediately respond to your emergency call. If You are located in an area where the emergency center does not support E911 (i.e., is not capable of simultaneously receiving your telephone number and address) You have basic 911 service. With basic 911, the local emergency operator will not have immediate access to your call back number or your exact location when receiving your emergency call. Accordingly, You must be prepared to give the basic 911 operator this information. Until and unless You do so, the basic 911 operator may be unable to call You back or to otherwise assist You in the event of an emergency.
GigaMonster depends upon its underlying E911 provider to assist GigaMonster in supporting your 911 and E911 calls. As they upgrade our underlying connections to emergency call centers and as these emergency call centers are upgraded from 911 to E911 answering capabilities to support E911 information, GigaMonster will automatically upgrade customers from basic 911 to E911 service. You will not receive notice of this upgrade. Accordingly, as a precaution, You should be prepared to give the local operator the basic 911 information described above.
Furthermore, our 911 and E911 Services may not function in the event of an electric power outage until power is restored. Following an electric power outage, You must reset or reconfigure the terminal adapter equipment prior to utilizing the Service, including 911 and E911 Service. WE RECOMMEND THAT YOU HAVE AN ALTERNATIVE TELEPHONE SERVICE, EITHER WIRELESS OR WIRELINE, THAT IS CAPABLE OF SUPPORTING 911 OR E911 CALLING AND IS AVAILABLE AS AN ALTERNATIVE AT ALL TIMES IN CASE OF AN EMERGENCY. PLEASE NOTE THAT SOME FORMS OF WIRELESS SERVICE DO NOT SUPPORT AUTOMATIC LOCATION IDENTIFICATION OR HAVE OTHER E911 CALLING LIMITATIONS.
BY ENTERING INTO THIS AGREEMENT, YOU AGREE TO ASSUME THE RISK OF LOSING EMERGENCY 911 DIALING CAPABILITIES AND CONSENT TO THE DISCLOSURE OF YOUR TELEPHONE NUMBER AND OTHER IDENTIFYING INFORMATION TO EMERGENCY 911 AUTHORITIES AS GIGAMONSTER DEEMS NECESSARY IN ITS SOLE OPINION AND DISCRETION.
PLEASE NOTE FURTHER THE FOLLOWING LIMITATIONS ON GIGAMONSTER’S 911 AND E911 SERVICE:
911 and E911 Service may be limited or unavailable in the following circumstances:
A. In certain geographic areas where GigaMonster's underlying E911 provider has limited access (or no access at all) to the PSAP's facilities;
B. If your GigaMonster broadband connection, equipment, Services or other broadband access connections are disconnected, suspended, or interrupted;
C. If You modify your equipment or relocate your equipment to a location other than to the location that You registered with us ("Registered Location");
D. If You change your phone number or if You add new phone numbers to your account. (Please note that You must give us your updated Registered Location specifying the location where You will use the Service for each changed or new phone number);
E. If there are delays or disruptions of Service in the network or Services of GigaMonster's underlying E911 provider;
F. If there are network congestion, disruptions, or other problems associated with GigaMonster's network;
G. If your Service is interrupted or terminated for any reason, including the suspension or termination of your account with GigaMonster for non-payment of invoices.

3. LIMITATION OF LIABILITY AND DISCLAIMERS.
YOU SPECIFICALLY AGREE THAT IN NO EVENT WILL GIGAMONSTER (OR ANY OF ITS AFFILIATES, OR ITS OR THEIR DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIONAL DAMAGES ARISING, DIRECTLY OR INDIRECTLY, FROM OR IN CONNECTION WITH ANY USE OF (OR INABILITY TO USE) THE SERVICE OR WITH ANY USE OF (OR INABILITY TO USE) EMERGENCY 911 SERVICES IN CONNECTION THEREWITH. YOU ALSO AGREE TO RELEASE AND DISCHARGE GIGAMONSTER, ITS AFFILIATES (TOGETHER WITH ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS) FROM ANY AND AGAINST ALL ACTIONS, LAWSUITS, CLAIMS, DAMAGES, JUDGEMENTS, LIABILITIES AND EXPENSES (INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS' FEES) WHATSOEVER THAT YOU MAY OTHERWISE HAVE IN CONNECTION WITH USE (WHETHER BY YOU OR BY ANY OTHER PERSON) OF THE SERVICES THAT ARE PROVIDED TO YOU UNDER THIS AGREEMENT (COLLECTIVELY, "CLAIMS"). TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE YOUR RIGHT (AND COVENANT NOT) TO BRING SUIT FOR SAID CLAIMS AGAINST US OR ANY OF THE OTHER PERSONS MENTIONED IN THE PREVIOUS SENTENCE.
GigaMonster also has no physical control over whether, or the manner in which, calls using our 911 Service are delivered by our underlying 911 provider or whether or if they are properly answered or addressed by any local emergency response center. ACCORDINGLY, GIGAMONSTER HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY FOR THE HANDLING OF SUCH CALLS BY ANY THIRD PARTY OR FOR ANY OTHER CONDUCT OF THE LOCAL EMERGENCY RESPONSE CENTER OR OF THE NATIONAL EMERGENCY CALLING CENTER USED BY GIGAMONSTER’S UNDERLYING 911 PROVIDER.
GigaMonster also relies on its underlying 911 provider and other third parties to route 911 Emergency calls to the proper emergency response center. GIGAMONSTER DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY FOR ANY FAILURE OR OMMISSION ON THE PART OF SUCH THIRD PARTY. BY USING THE SERVICES, YOU AGREE THAT NEITHER GIGAMONSTER, NOR ANY OF ITS AFFILIATES (OR ITS OR THEIR OFFICERS, EMPLOYEES, OR AGENTS) WILL HAVE ANY SUCH LIABILITY OR RESPONSIBILITY AND, TO THE FULLEST EXTENT PERMITTED BY LAW, YOU HEREBY WAIVE YOUR RIGHT TO BRING ANY CLAIM AGAINST GIGAMONSTER, ITS OFFICERS, EMPLOYEES OR AGENTS, ARISING FROM OR IN CONNECTION WITH THE EMERGENCY 911 SERIVCE, EXCEPT WHERE SUCH CLAIMS RESULT FROM GIGAMONSTER'S (OR ITS EMPLOYEES' OR AGENTS') GROSS NEGLIGENCE OR RECKLESS OR WILLFULL MISCONDUCT.
FURTHERMORE, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD GIGAMONSTER, ITS EMPLOYEES, AND AGENTS HARMLESS FROM ANY SUCH CLAIM BROUGHT, ASSERTED OR THREATENED BY ANY THIRD PARTY UNLESS CAUSED BY GIGAMONSTER'S (OR ITS EMPOLOYEES' OR AGENTS') GROSS NEGLIGENCE OR RECKLESS OR WILLFULL MISCONDUCT.
IF YOU HAVE ANY QUESTIONS ABOUT THESE LIMITATIONS AND DISCLAIMERS, PLEASE CONTACT US BY TELEPHONE AT 844-GIGAMONSTER OR EMAIL US AT help@GigaMonster.net.
YOU SHOULD NOT SIGN UP FOR THE SERVICE UNLESS YOU FULLY UNDERSTAND AND AGREE WITH THESE LIMITATIONS AND DISCLAIMERS.

4. YOUR OBLIGATION TO REGISTER YOUR LOCATION, TO GIVE OTHERS NOTICE OF EMERGENCY 911 LIMITATIONS - INCLUDING PLACING 911 WARNING STICKERS ON YOUR PHONE.
A. Your Obligation to Register the Address of Your Physical Location
For each telephone number that You use for the Service, AT THE TIME THAT YOU SUBSCRIBE TO THE SERVICE You must register with GigaMonster (at 844-GIGAMONSTER or at help@GigaMonster.net) the address of the physical location where You will be using the Service along with your subscription information below.
Importantly, when and if You move the Service or your equipment to another location, YOU MUST AGAIN REGISTER THAT NEW LOCATION WITH GIGAMONSTER (at 844-GIGAMONSTER or at help@GigaMonster.net). If You do not register your new location, any calls You make using the 911 Service feature may be sent to an emergency center near your old address.
B. Your Obligation to Give Others Notice of Emergency 911 Limitations
IN ADDITION, YOU AGREE TO BE FULLY RESPONSIBLE AT ALL TIMES DURING THE TERM OF THIS AGREEMENT FOR NOTIFYING ALL MEMBERS OF YOUR HOUSEHOLD AND ALL OTHER PERSONS AT YOUR LOCATION OF INTERRUPTIONS, THE POSSIBLE LOSS OF EMERGENCY 911 DIALING CAPABILITIES, AND OF GIGAMONSTER'S LIMITATIONS OF LIABILITY AND DISCLAIMERS DESCRIBED IN THE PREVIOUS PARAGRAPHS.
YOU ALSO AGREE (TO THE FULLEST EXTENT PERMITTED BY LAW) TO INDEMNIFY, DEFEND AND HOLD GIGAMONSTER, ITS SUPPLIERS (INCLUDING ITS UNDERLYING E911 PROVIDER), TOGETHER WITH ITS AND THEIR AFFILIATES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AND AGENTS) FROM OR AGAINST ANY AND ALL ASSERTED OR THREATENED CLAIMS (AS THAT TERM IS DEFINED ABOVE) TO THE EXTENT ARISING FROM OR IN CONNECTION WITH THE USE OF THE SERVICE BY ANY PERSON OR ENTITY OTHER THAN THE PERSON SIGNING BELOW OR WITH YOUR FAILURE TO COMPLY WITH THE E911 NOTIFICATION OBLIGATIONS SET FORTH BELOW.
C. Your Obligation to Place 911 Warning Stickers on your Telephone Handset Used with the Service
IN ADDITION TO YOUR NOTIFICATION OBLIGATIONS IN THE PREVIOUS PARAGRAPH AND AS A CONDITION OF PURCHASING THE SERVICES, YOU MUST PROMINENTLY DISPLAY AT OR NEAR THE TELEPHONE HANDSET TO BE USED WITH THE SERVICES, THE E911 WARNING STICKERS SENT TO YOU IN YOUR WELCOME PACKET. FAILURE TO DO SO IS A MATERIAL BREACH OF THE AGREEMENT BETWEEN YOU AND GIGAMONSTER AND GIVES GIGAMONSTER THE RIGHT TO TERMINATE THIS AGREEMENT FOR CAUSE AND OTHER REMEDIES, INCLUDING WITHOUT LIMITATION, THE RIGHT TO RECOVER DAMAGES AND TO INVOKE YOUR INDEMNIFICATION OBLIGATIONS DESCRIBED IN THE PREVIOUS PARAGRAPH.

5. ADDITIONAL RESTRICTIONS AND SERVICE LIMITATIONS.
Home alarm systems, fax machines and other devices that attach to your home computers, local telephone service, cable system or other devices may not work with the Service and GIGAMONSTER MAKES NO REPRESENTATION OR WARRANTY, WHETHER EXPRESS OR IMPLIED, WHATSOEVER THAT THE SERVICE WILL WORK WITH THESE DEVICES. Additional Service limitations are or may be set forth elsewhere in the Agreement as amended from time to time in accordance with the provisions thereof. It is your obligation to periodically review GigaMonster's Website to review these limitations and amendments.