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 ten (10) 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 and or any costs incurred to retrieve the Wave2Net owned equipment.

1. Customer Premises Equipment (CPE): 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. You are not permitted to connect any harmful equipment to the CPE. You understand that failure to comply with this restriction may cause damage to Our network and subject You to liability for damages and/ or other liability. You agree to not alter, modify or tamper with the CPE or the Service, or permit, encourage or solicit any other person to do the same, unless such person has been authorized to do so by 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. Access to Your Premises. You hereby grant Wave2Net and its Affiliates, and their respective employees, contractors and agents the right to enter Your property and premises at any time for the purpose of operating or maintaining the CPE or Wave2Net’s network, retrieving Wave2Net Equipment or fulfilling its obligations or exercising its rights under this Agreement. Wave2Net shall provide You with reasonable advance notice of any such planned access, except when, in the reasonable opinion of Wave2Net, an emergency or other exigent circumstance exists that would require Wave2Net to immediately enter Your property and premises.
4. Customer’s Obligation to Maintain Power to Wave2Net Equipment. You understand and agree that: (i) You must provide electrical power and a continuous connection to the power grid to Wave2Net Equipment at all times (including, without limitation, when You are not using the Service) and (ii) Your failure to provide such power and continuous connection may result in damage to the Wave2Net Equipment or to Your computer, equipment, property or premises, for which damage You will be solely responsible.

5. You understand and agree that Wave2Net’s ability to provide an appropriate quality of Service to You and the other customers on its network may from time to time require upgrades or replacement of the Wave2Net Equipment, and You will be obligated to pay the any applicable “Equipment Upgrade Fee” as established by Wave2Net from time to time, at such time as Wave2Net determines, in its sole discretion, that the Wave2Net Equipment needs to be upgraded or replaced.

6. Home networking equipment support is not included with your Wave2Net System. We have no responsibility for the operation or support, maintenance or repair of any equipment, software or services that You elect to use in connection with the Services. 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 month’s service is due upon ordering the service. Your payment less the trip charge and admin fee will be refunded if the installation is unsuccessful. Subscription payments are due monthly via credit card or quarterly in advance no later than the 15th of each month.

If payment is not received by the invoice due date, you will be assessed a late fee of $29.00. If payment is returned, cancelled or charged back, you will be assessed a returned item fee of $50.00 in addition to the late fee. If service is disconnected due to non-payment, a $35.00 reconnection fee will be assessed.

If payment in full (including the late fee and returned item fee) is not received within 30 days of the invoice due date, 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.

Refund Policy

Refunds will be issued within 30 business days from the time of Wave2Net authorization. All refunds are issued in the form of a check and mailed via postal or parcel service.

Service Termination

You may cancel your Subscription after the initial contract term, in writing or by email sent to Wave2Net Accounts. A 30 day notice is required. No termination fee applies. You may cancel your Subscription if not in a contract, in writing or by email sent to Wave2Net Accounts. A 30 day notice is required. No termination fee applies.

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 suspend or terminate your service. Wave2Net reserves the right to determine what constitutes excessive usage. Our current guideline is 500GB per month on a residential account or unlimited 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.

1. Customer is solely responsible for maintaining the security of Customer’s computer(s)/device(s) and data and protection of Customer’s User ID, password and Personal Information and other data. Wave2Net strongly recommends the use and appropriate updating of commercial anti-virus, anti-spyware, firewall software, and encryption of data, to the extent feasible.

2. Customer is prohibited from utilizing the Service to compromise the security or tamper with Wave2Net’s system resources or accounts on any of Wave2Net’s computers, routers, switches, servers, radios, modems, or any other equipment at Wave2Net or at any other site. Use or distribution of tools designed for compromising security is prohibited. Examples of the tools include but are not limited to password guessing programs, cracking tools, and network probing tools. Any attempt to access any of Wave2Net’s corporate assets is strictly prohibited.

3. Wave2Net reserves the right to release the login names of Customers involved in violating system security to system administrators at other sites, in order to assist them in resolving security incidents. Wave2Net will also fully cooperate with law enforcement authorities in investigating suspected lawbreakers, subject to Wave2Net’s Privacy Policy and applicable law.

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 https://www.wave2net.com/terms-of-service/ 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.