Terms of Service

Abacom Wireless Services, Ltd. (dba CoconutTelegraphs) ("AWS, Ltd.") provides its services to you subject to the following Terms of Service ("TOS").

Bandwidth Consumption
A high-speed Internet connection provides a more enjoyable and useful Internet experience, but it also enables the transfer of very large amounts of data. AWS, Ltd. does not have specific hard limits on monthly data transfer, but it does not allow completely unlimited consumption of bandwidth. Unless you have purchased an account with guaranteed service levels for speed and transfer, you should not expect to use the entire capacity of your connection for extended periods of time.

Although AWS, Ltd. does not have specific consumption limits, it does monitor bandwidth utilization and consumption patterns for all subscribers. If you use your Internet service in a manner which consumes excessive bandwidth or affects AWS, Ltd.'s core equipment, overall network performance, or other users' services, AWS, Ltd. may require that you cease or alter these activities, or pay additional fees for continued consumption of a disproportionately large share of bandwidth.

AWS, Ltd. determines in its sole discretion what constitutes a reasonable use of bandwidth, but AWS, Ltd. offers the following guidance: If you transfer more than 2GB per month on a residential account or 5 GB per month on a business account, or your consumption pattern degrades performance for other users, AWS, Ltd. would likely contact you to discuss the situation.

Off Premises Use
A subscriber may not share his AWS,Ltd connection with 3rd parties or knowingly distribute the connection off the subscriber's premises without the consent of AWS, Ltd.


Security
You are solely responsible for any breaches of security affecting servers, routers, workstations or other systems under your control. If your system is involved in an attack on another network or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, you are responsible for the cost to rectify any damage done to your server and any other equipment affected by the security breach.

AWS, Ltd. offers additional security measures in the form of Virtual Private Networks ("VPNs") for your protection.

Lawful Purposes
AWS, Ltd. network may only be used for lawful purposes. Transmission, distribution or storage of any information, data or material in violation of Commonwealth of the Bahamas regulations or laws is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret or other intellectual property rights.

Terms of Use
As a user of AWS, Ltd., you agree that you are at least 18 years of age, or have permission from a parent or guardian to use this service, and that you have read and agree to abide by AWS, Ltd.'s policies. It is understood and agreed that information on the Internet may be unedited, uncensored and offensive to you, and that you access such information at your own risk. AWS, Ltd. does not censor the Internet and has no control over what data is transmitted to you.

As a user of AWS, Ltd., you agree that your access to and use of AWS, Ltd.'s services is subject to all applicable Commonwealth of the Bahamas laws and regulations. You agree not to use AWS, Ltd.'s services in a manner that violates any Commonwealth of the Bahamas regulations or laws. You also agree not to use AWS, Ltd.'s service for abusive, profane, libelous, slanderous, threatening or otherwise harassing posts or purposes. AWS, Ltd. reserves the right to refuse service to anyone for any reason whatsoever.

Modifications to TOS
AWS, Ltd. reserves the right to amend, revise or modify these TOS at any time by posting the amended TOS on http://www.awsltd.net or by otherwise notifying you of the modified TOS. The modified TOS shall be effective automatically upon being posted on this site and you are deemed to be apprised of and bound by any modifications to these TOS. Your continued use of the AWS, Ltd.'s services will be deemed your agreement to the modified TOS.

Violation of TOS
AWS, Ltd. reserves the right to seek all remedies available at law and in equity for violations of these TOS, including the right to block access to or discontinue your AWS, Ltd. services.

Technical Support
AWS, Ltd. assumes that you have a basic understanding of your computer. AWS, Ltd. will not train you in basic computer skills including, but not limited to, deleting files or creating directories. AWS, Ltd.'s technical support is intended to facilitate the setup of your properly functioning computer system for access to AWS, Ltd.'s services. Our wireless installations will leave you with an RJ 45 port for Ethernet connectivity. An AWS, Ltd. technician will verify Internet connectivity before leaving your premises, if applicable.

Web Site Hosting
Web space may be provided for personal and business customers at AWS, Ltd.. Content of those sites must conform to Commomwealth of the Bahamas regulations and laws. AWS, Ltd. does not allow the display or storage of pornographic materials on its Web server, and you understand and agree that AWS, Ltd. may remove such material and/or terminate your service if such material is found on AWS, Ltd.'s servers.

Disclaimer of Warranties; Limitation of Liability
AWS, Ltd.'S SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND. AWS, Ltd. EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF QUALITY, AVAILABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. AWS, Ltd. MAKES NO REPRESENTATION OR WARRANTY THAT THE OPERATION OF AWS, Ltd.'S SERVICES WILL BE ERROR FREE. UNDER NO CIRCUMSTANCES WILL AWS, Ltd. BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF AWS, Ltd.'S SERVICES WHETHER OR NOT AWS, Ltd. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, AWS, Ltd.'S AGGREGATE LIABILITY TO YOU ARISING WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF (a) THE TOTAL FEES ACTUALLY COLLECTED BY AWS, Ltd. FROM YOU IN THE PREVIOUS TWELVE (12) MONTHS OR (b) $100. AWS, Ltd. WILL NOT BE LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.

Choice of Law; Indemnification
You and AWS, Ltd. agree that the law of the Commonwealth of the Bahamas will apply to all matters relating to these TOS and to AWS, Ltd.. In addition, you and AWS, Ltd. agree and consent that the courts of Commonwealth of the Bahamas will have exclusive jurisdiction and be the exclusive venue for any legal actions relating to these TOS or to the services provided hereunder. You agree to defend, indemnify and hold harmless AWS, Ltd., its officers, directors, employees, agents and licensees, from any claims, actions, demands, losses, damages and expenses, including, but not limited to, reasonable attorneys' fees, made or incurred by any third party arising out of or relating to your use of AWS, Ltd.'s services.

Assignability
You have no property rights in the email and Web page addresses supplied by AWS, Ltd., and you understand that AWS, Ltd. reserves the right to assign or otherwise transfer these TOS without your consent; however, you may not assign or transfer these TOS. If any part of these TOS are unacceptable to you, you agree that your only remedy is to immediately terminate your use of AWS, Ltd. services. These TOS shall automatically renew on the stated periodic basis unless terminated by either party giving the other thirty (30) days written notice.

Spamming
Distribution of unsolicited emails is against Commonealth regulations and laws and will result in the termination of your account without notice. AWS, Ltd. will fine you $100 per incident of spamming AND $100 for each complaint received for spamming from your account.

Privacy Policy
AWS, Ltd. respects your privacy and will not knowingly distribute, or cause to be distributed, your personal information to any entity for any reason. This Web site and AWS, Ltd. do not knowingly solicit data from children and/or market to children.
Revised July 8, 2003