Terms of Access

Giant Communication Accounts are sold on a single login basis and cannot be accessed simultaneously by multiple users using the same username.   Dial-up accounts are not intended to be a continuous connection to the Service.   In order to provide fair access to all subscribers and in order to keep our rates low, users are subject to an inactivity timeout.   This means that if a person is not actively using their connection (i.e. not surfing, downloading, reading, sending email, etc.), their session will be logged out after some set period of time due to inactivity (the timer is currently set to a very ample 45 minutes of inactivity).   This keeps our dial-in phone lines and modems available to all subscribers.   Users may not circumvent this inactivity timeout in order to keep a connections established indefinitely through the use of any “keep-alive” software or unattended continuous activity.   Users are expressly prohibited from running any form of Web Server software via a normal dialup connection.   If you require dedicated access for personal or business use, we have several cost-effective plans available.   Contact our Sales Department for further information.   DSL and Wireless accounts are bound under the terms and conditions of this agreement and the Acceptable Use Policy posted at www.giantcomm.net.

General:
All provisions of the Agreement apply to the User’s Principal Account and any additional accounts/charges billed to the Principal Account.   This agreement should not be considered inclusive as other terms and conditions of our Service are stated in areas throughout our Website.   The benefits of or rights conferred by this Agreement are non-transferable.   Use of Giant Communications Internet accounts are expressly limited to the individual or business whose name appears in our records.   User is responsible for all hardware and software necessary to connect to the Giant Communications system and to the Internet.   We will provide you with information regarding suggested minimum hardware and software requirements.   Support is available by Email and Telephone through our technical support services.   User agrees to use the account in a manner consistent with any and all applicable state and federal laws and regulations.   This agreement is made in and shall be construed under the laws of the United States and the State of Kansas.   User may not send unsolicited mass mailings or unsolicited subscriptions.   User may not flood/spam newsgroups with commercial or non-commercial postings.   User expressly agrees that his account may be suspended or terminated, without notice, if the User breaches any part of this Agreement.   If user is less than 18 years of age, a parent or legal guardian, who is responsible for all charges related to the use of user’s accounts, must sign this Agreement.   User is responsible for all use of User’s accounts and confidentiality of passwords.   Giant Communications will suspend access or change access to User’s accounts immediately upon the notification by User that his or her password has been lost, stolen, or otherwise compromised.   The Internet is NOT SECURE and absent a written agreement to the contrary involving a secure server, Giant Communications cannot and will not guarantee the privacy of any User’s account.   Encryption software is available to help you protect your privacy.  

Spam:
Giant Communications will immediately terminate any account, which it believes is associated with the sending of any Spam or other unsolicited bulk email.   The subscriber agrees to pay Giant Communications any and all actual damages, if the extent such actual damages can be sufficiently calculated.   Additionally, if actual damages cannot be reasonably calculated, damages of $5.00 for each piece of unsolicited bulk email or spam, transmitted from, or connected with, subscribers account.  

Billing:
User is responsible for all telephone charges for connecting to the Giant Communications system or other network access mode.   User agrees to pay Giant Communications for all charges relating to the use of User’ s accounts.   Please review all of the Internet Price information.   Additional fees may be imposed regarding bandwidth uses as it pertains to the User’s Homepage traffic.   Access is subject to accepted charges made to User’s credit card or prompt payment of monthly invoices/annual payments received by Giant Communications.   We may suspend User’s access to the service if User’s credit card is declined or monthly/annual payments are not received within ten (10) days of billing/activation.   User is responsible for charges at the time the service is used and Giant Communications may apply the amount due to the User’s credit card/invoice at any time.   Service is billed in full months and is considered used if active on the contract date.   Service is prorated for beginning in a partial month if paid by credit card.   Monthly/Annual payments are effective through the contract date.   Giant Communications will assess a $20.00 fee to all returned checks; any returned check will cause loss of service.   Giant Communications shall charge your account a $10.00 late fee per month, for any and all delinquent accounts.   User expressly agrees that User will pay all reasonable costs of collection including court costs and reasonable attorney’s fees.   Giant Communications reserves the right to suspend access to service for User’s accounts and impose additional fees for repeated delinquent payments or rejection of charges.   All cancellations are refunded from the first full month following the cancellation.   We don not refund partial months used.  

Intellectual Property:
Much of the information found on the Internet is patented, copy written or trademarked and the property of the copyright, trademark or patent holder.   Users must bear in mind that intellectual property laws limit the rights of Users to redistribute or commercially exploit copy written, trademarked or patented material to any third party without the express written permission of the owners of the intellectual property.   Giant Communications will suspend any User’s account upon receipt of notice of a user’s potential or actual infringement of intellectual property laws.   User agrees to indemnify and hold harmless Giant Communications from any infringement User’s potential or actual infringement of applicable intellectual property laws.  

Limitation of Liability:
Giant Communications will use its best efforts to provide you, the User, with continuous, high quality Internet Access.   The Internet is a decentralized network of computer systems throughout the world.   There is no “system administrator” over the whole Internet, and because of the decentralized nature of the Internet, the quality and availability of any particular service or services is highly variable.   As such, Giant Communications cannot guarantee you that the particular service will always be available.   Giant Communications makes no warranty, express or implied, regarding the quality, accuracy, or validity of data and or information available, that access to the service will be available at any particular time, that operation of the service will be uninterrupted or error free, or that any particular result or information will be obtained.   Subscriber accounts are offered on an “as is” basis without warranties of any kind, other than warranties which are incapable of exclusion, waiver or restriction under the law applicable hereto.   Furthermore, Giant Communications is not responsible for any losses including incidental and consequential damages that incur as a result of any non-availability of the service.  

Operation:
Giant Communications reserves the right to change, without notice, certain aspects of the service, including but not limited to: Access procedure, hours of operation, menu structure, commands, documentations, pricing and services offered.   Giant Communications reserves the right to delete User’s accounts when not accessed for more that 90 days or if the account is delinquent more that 30 days.   Giant Communications reserves the right, at its sole discretion, to delete any information entered into the Giant Communications system by User.   Giant Communications has the right, but is not obligated, to edit information submitted by User for storage and public access.   User agrees that any material submitted for publications does not violate or infringe any copyright, trademark, patent, proprietary rights of others, and does not contain anything obscene or libelous and does not constitute a personal attack on any other person.  

Legal:
This Agreement contains the entire agreement of the parties and there are no representations, oral or otherwise, other than those expressly set out herein.   This Agreement shall not be varied in any particular or respect except by written instrument executed in the same manner and formality as this Agreement is executed.   In the event any of the provisions of this Agreement are deemed to be invalid or unenforceable, the same shall be deemed severable from the remainder of this Agreement.   If such provisions shall be deemed invalid due to its scope and breadth, such provision shall be deemed valid to the extent of the scope or breadth permitted by law.   Giant Communications reserves the right to administer remotely the equipment at the customer site.   Administrative rights include adjusting bandwidth, monitoring bandwidth, remotely turning off customer equipment due to non payment and other administrative duties that need are deemed necessary by Giant Communications.   If user is reselling bandwidth, the customers’ service will be disconnected and all early termination fees will be assessed.  

Equipment:
Giant Communications retains ownership of all equipment and will pick up the equipment from the customer if the customer is moving out of the service area or a separate agreement between Giant Communications and the customer has been reached.   Early Termination fee of $200.00 may apply if service is terminated by the user before the end of the contract.   A full version of this agreement is available at www.giantcomm.net

(The "Equipment" section does not apply to Cable Modem service)