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Wave2Net Terms of Service
Your use of Wave2Net’s services is subject
to the following Terms of Service ("TOS"). By using Wave2Net’s
services you consent to the terms and conditions set forth
below, and agree to transact with Wave2Net electronically. If
you do not agree, do not use Wave2Net’s services.
Pricing
Wave2Net’s prices are subject to change
without notice. Any changes in price will be posted on our
website.
Equipment
All equipment that is property of Wave2Net
must be returned upon demand. If you fail to return any
equipment within thirty (30) days of demand or termination of
your subscription, then we are authorized to charge your credit
card or Wave2Net account for the full replacement value of such equipment.
1.
Customer Premises Equipment: You have purchased or leased a
receiver and associated equipment for your use on the Wave2Net
Network while you are in good standing with Wave2Net.
2.
Responsibility for Equipment: You are responsible for the
receiver and associated equipment until it is returned. If it is
lost, stolen or damaged you shall be responsible for all
charges, including labor costs, to replace or repair the
receiver and associated equipment.
3. Home
networking equipment is not included with your Wave2Net System.
For network setup, support and configuration, contact your
network hardware manufacturer and/or operating system software
developer (Wave2Net is not responsible for home network
configuration or management unless we are contracted to do so).
Payment for services
Payment for installation and the first
three month’s service is due upon ordering the service. Your
entire payment will be refunded if the installation is
unsuccessful. Subscription payments are due quarterly in advance
on the 15th of each month. If payment is not
received by the 15th day of the month, you will be
assessed a late fee of $29.00. If payment in full (including the
late fee) is not received by the 25th day of the
month, or if payment is 15 or more days late twice within any
twelve (12) month period, then Wave2Net reserves the right to
terminate your service and require the return of all Wave2Net
owned equipment.
Bandwidth Consumption
Wave2Net provides a high-speed Internet connection, but we do
not allow completely unlimited consumption of bandwidth.
If you use your Internet service in a manner that consumes
excessive bandwidth, that degrades performance for other users
(as determined by Wave2Net) or affects Wave2Net's core equipment
or overall network performance, then Wave2Net may immediately
terminate your service. Wave2Net reserves the right to
determine what constitutes excessive usage. Our current
guideline is 10GB per month on a residential account or 20GB per
month on a business account. Residential subscribers may not run
any type of server, including, but not limited to, DNS servers,
mail servers, ftp servers, game servers or P2P servers.
Business subscribers may run servers based on the pricing plan
they have selected and the number of IP addresses they are
paying for.
Security
You are solely responsible for the security of your computer
system(s) and data. Using a firewall and anti-virus software is
highly recommended. Wave2Net shall have no liability whatsoever
for any damage suffered by your systems or data. 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.
Lawful Purposes
The Wave2Net network may only be used for lawful purposes.
Transmission, distribution or storage of any information, data
or material in violation of local, state or federal regulations
or laws is prohibited. This includes, but is not limited to,
prohibitions on child pornography and material protected by
copyright, trademark, trade secret or other intellectual
property rights. The downloading, sharing, or uploading of any
copyrighted material is strictly prohibited by law and we will
comply with any and all federal or state statutes and subpoenas
in providing information to law enforcement agencies as
required.
Terms of Use
As a user of Wave2Net, 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 Wave2Net’s
Acceptable Use Policy. It is understood and agreed that
information on the Internet may be sexually explicit, unedited,
uncensored and offensive to you, and that you access such
information at your own risk. Wave2Net does not censor the
Internet and has no control over what data is transmitted to
you.
Wave2Net reserves the right to refuse service to anyone for any
legal reason. As a user of Wave2Net, you agree that you will not
access and use Wave2Net’s services in a manner that violates any
local, state or federal regulations or laws. You also agree not
to use Wave2Net’s service for abusive, profane, libelous,
slanderous, threatening or otherwise harassing posts or
purposes.
Modifications to TOS
Wave2Net reserves the right to amend, revise or modify these TOS
at any time by posting the amended TOS on
http://www.Wave2Net.com/terms.html or by otherwise notifying
you of the modified TOS. The modified TOS shall be effective
automatically upon being posted on this site and your continued
use of Wave2Net’s services will be deemed your agreement to the
modified TOS.
Violation of TOS
Wave2Net 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 Wave2Net services.
Web Site Hosting
Web space may be provided for personal and business customers of
Wave2Net. Content of those sites must conform to local, state
and federal regulations and laws. Wave2Net does not allow the
display or storage of pornographic materials, violations of
privacy, hacking information or programs, or computer viruses or
other surreptitious code on its Web servers, and you understand
and agree that Wave2Net may remove such material and/or
terminate your service if such material is found on Wave2Net’s
server.
Disclaimer of Warranties; Limitation of Liability
WAVE2NET'S SERVICES ARE PROVIDED "AS IS" WITH NO WARRANTY OF ANY
KIND. WAVE2NET 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, ACCURACY OR NON-INFRINGEMENT. WAVE2NET
MAKES NO REPRESENTATION OR WARRANTY AS TO THE RESULTS YOU WILL
RECEIVE OR THAT THE OPERATION OF WAVE2NET'S SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE. UNDER NO CIRCUMSTANCES WILL
WAVE2NET, ITS AFFILIATES, OFFICERS, DIRECTORS OR EMPLOYEES BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, PUNITIVE, SPECIAL OR EXEMPLARY DAMAGES ARISING
OUT OF OR IN CONNECTION WITH USE OF OR INABILITY TO USE
WAVE2NET'S SERVICES, ANY SURREPTITIOUS CODE, VIRUSES OR OTHER
HARMFUL OCCURRENCES, ANY THEFT, DESTRUCTION OR UNAUTHORIZED
ACCESS TO YOUR SYSTEM(S) AND/OR DATA, OR ANY COMMUNICATION LINE
FAILURE WHETHER OR NOT WAVE2NET HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF
THE FOREGOING, WAVE2NET'S AGGREGATE LIABILITY TO YOU ARISING
WITH RESPECT TO THIS AGREEMENT WILL NOT EXCEED THE GREATER OF
(a) THE TOTAL FEES ACTUALLY COLLECTED BY WAVE2NET FROM YOU IN
THE PREVIOUS THREE (3) MONTHS OR (b)$100. WAVE2NET WILL NOT BE
LIABLE FOR THE CONSEQUENCES OF ANY INTERRUPTIONS OR ERRORS.
Choice of Law; Indemnification
You and Wave2Net agree that the law of the Commonwealth of
Virginia will apply to all matters relating to these TOS and to
Wave2Net. You agree to defend, indemnify and hold harmless
Wave2Net, 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 account, whether authorized by you or
not.
Non-transferable
The right to use Wave2Net’s services is not transferable.
Accounts are for the use of accepted paying subscribers only.
You shall be responsible for the security and confidentiality of
your password.
E-Mail Accounts
You have no property right in the email
address supplied by Wave2Net. Wave2Net does not perform any
system backups of any e-mail accounts, and shall not be held
responsible for the loss of any e-mail data, messages,
attachments or information.
Spamming
Distribution of unsolicited emails, fraudulently addressed
emails, and emails containing fraudulent content is against
local, state or federal regulations and laws and will result in
the termination of your account without notice. Wave2Net will
fine you $100 per each email address to which spam is sent AND
$100 for each spamming complaint received about your account.
Privacy Policy
Wave2Net respects your privacy and will not knowingly
distribute, or cause to be distributed, your personal
information to any entity for any reason, except in the event of
the sale or merger of Wave2Net, or to comply with law
enforcement requirements.
Internet Transactions
Wave2Net is not responsible for the
confidentiality of any information you may provide to merchants
or service providers while connected to the Internet, or for the
quality of or failure to deliver any goods or services from such
Internet merchants.
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