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Wave Internet Technologies operates a high speed connection to the Internet and makes its network and computer facilities available to Wave's subscribers for personal, commercial and research uses. During normal usage of network resources, subscribers may utilize portions of the Internet that restrict commercial or other traffic as per its own Acceptable Use Policies (“AUPs”). All Wave subscribers must agree to abide by all AUPs for any network that they traverse, and always comply with local, state and federal laws.
Terms and Conditions for Use of Wave Internet Technologies Internet Access service:
1. Wave Internet Technologies exercises no control whatsoever over the content of the information passing through its networks. Wave Internet Technologies makes no warranties of any kind, whether expressed or implied, as to the availability, accuracy, or content of the information, products, or services it provides. Warranties on equipment and/or software purchased from Wave Internet Technologies are limited to the written limited warranty, which accompanies merchandise. All sales are final with no returns on equipment and/or software other than required by law. Under no circumstances shall Wave Internet Technologies, its affiliates, access providers or its contractors be liable for any direct, indirect, incidental, special, punitive or consequential damages that result in any way from customer’s or customer’s authorized users’ use of or inability to use the service or to access the Internet or any part thereof, or customer’s or customer’s authorized users’ reliance on or use of information, services, or merchandise provided on or through the service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation , or transmission , or any failure of performance. Use of any information obtained via Wave Internet Technologies is at the user’s own risk. Wave Internet Technologies specifically denies any responsibility for the accuracy or quality of information obtained through its services.
2. Any liability of Wave Internet Technologies, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortious behavior, negligence, or any other cause of action, shall be strictly limited to the amount paid by or on behalf of the customer to Wave Internet Technologies for the current month.
3. Wave Internet Technologies' network and services may be used for lawful purposes only. Transmission of any material in violation of federal, state or foreign regulation is prohibited.
A.Customer understands further that the Internet contains unedited materials, some of which are sexually explicit or may be offensive to some people. Customer and customer’s authorized users access such materials at customer’s own risk. Wave Internet Technologies has no control over and accepts no responsibility whatsoever for such materials.
B.The service is provided on an “as is” and “as available” basis without warranties of any kind, either expressed or implied, including but not limited to warranties of title, noninfringement or implied warranties of merchantability or fitness for a particular purpose. No advice or information given by Wave Internet Technologies, its affiliates, access provider or its contractors or their respective employees shall create a warranty. Neither Wave Internet Technologies nor its affiliates or access providers warrants that the service will be uninterrupted or error free or that any information, software, or other material accessible on the service is free of viruses, worms, Trojan horses or other harmful components.
C.If customer is dissatisfied with the service or with any terms, conditions, rules, policies, guidelines, or practices of Wave Internet Technologies in operating the service, customer’s sole and exclusive remedy is to terminate this Agreement in accordance with Section 12 and discontinue using the service.
D.Wave Internet Technologies has no obligation to monitor the service. However, customer agrees that Wave Internet Technologies has the right to monitor the service electronically from time to time and disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the service properly, or to protect itself or its subscribers. Wave Internet Technologies will not intentionally monitor or disclose any private electronic-mail message unless required by law. Wave Internet Technologies reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.
4. Wave Internet Technologies may deny customer access to all or part of the service without notice if customer engages in any conduct or activities that Wave Internet Technologies, at its sole discretion, believes violates any of the terms and conditions in this Agreement. If Wave Internet Technologies denies customer access to the service because of such a violation, neither customer or customer’s authorized users shall have any right (1) to access through Wave Internet Technologies any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to customer, and such credit(s) will be forfeited, (3) to access third party services, merchandise or information on the Internet through Wave Internet Technologies, and Wave Internet Technologies shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.
5. When accessing other networks connected to Wave Internet Technologies' systems or networks, customer must comply with those networks’ AUPs.
6. Resale of Wave Internet Technologies' networks and/or services is strictly forbidden under all circumstances without a prior written agreement between Wave Internet Technologies and Customer concerning resale of Wave Internet Technologies services.
7. These Terms and Conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any other submittal. Use of Wave Internet Technologies' services, networks, and systems constitutes acceptance of these Terms and Conditions.
8. Standard dial-up accounts provide unmetered attended access. Unmetered attended access allows interactive, attended access each month without fear of being charged a "per hour" surcharge beyond over a set number of hours during that month. It is not a guarantee of line availability or uninterrupted connection, nor is it a substitute for a dedicated line, which is available to users with the need for a guaranteed, uninterrupted connection. Servers including but not limited to web, chat, and FTP servers (and other processes that provide similar server-like functions) operate in an unattended mode by definition. These processes may not be run on a computer connected to Wave Internet Technologies via a standard dial-up account. If you must operate such a server, contact Wave Internet Technologies about dedicated connection options.
9. Standard dial-up account users must log off if idle for more than 15 minutes. We reserve the right to automatically disconnect users after 15 or more minutes of inactivity. For the purposes of this agreement, "inactivity" includes that activity meant solely to avoid the automatic 15 minute disconnect. Servers including but not limited to web, chat, and FTP servers (and other processes that provide similar server-like functions) operate in an unattended mode by definition. These processes may not be run on a computer connected to Wave Internet TechnologiesVia a standard dial-up account. If you must operate such a server, contact Wave Internet Technologies about dedicated connection options. Users sending email to more than 50 recipients must run consecutive mail delivery programs. Concurrent mailings to more than 20 recipients and unsolicited mail (commercial or non-commercial) to multiple recipients are not allowed. An individual dial-up account entitles only the named user to log in, and from only one dial-up modem or TCP/IP connection at a time. Multiple individuals accessing a single account is not permitted unless by special arrangement: Wave Internet Technologies also offers dedicated connections and dedicated lines. Those dedicated service accounts are not governed by the above non-dedicated account usage policies, but ARE governed by ALL other AUP terms and conditions. Other uses are considered fraudulent. A charge equal to the monthly service fee may be charged for additional concurrent login sessions within a billing period.
11. "Personal web space", which Wave Internet Technologiesprovides at no additional charge to customers with Wave Internet Technologiesdial-up accounts, is intended for personal, non-commercial use only. For the purposes of this document, "commercial" includes but is not limited to businesses, home-based businesses (full- or part-time), government entities, educational institutions, organized clubs, and trade unions. If a commercial web site is found to reside in a user's personal directory, Wave Internet Technologies may take actions up to and including removal of the site, cancellation of the user's dial-up account, and/or billing in arrears for the site at the then-current commercial web site rates, and requiring that the site (if maintained) be moved to one of Wave Internet Technologies commercial web server platforms.
A total of 5mb of storage space is provided to each user. This includes both email storage and personal web space. Personal web sites may transmit up to 500mb of data per month. Site with transmission totals beyond 500mb per month must be removed, adjusted to bring transmission total within personal web site guidelines, or moved to a commercial web site plan (regardless of the "personal" nature of the website).
12. Payments for Wave Internet Technologies services must be made in advance via a pre-arranged monthly credit card payment or by cash, check or money order. Customers will be billed via credit card or invoiced directly by Wave Internet Technologies. Access to the account may be restricted if credit card processing fails due to insufficient credit, unreported replacement numbers, or unreported expiration extensions. The customer agrees to pay monthly invoices immediately upon receipt and until the account is canceled by signed notification. Payments are due by the 1st of every month. Cancellations must be made 30 days in advance. Failure to cancel in the appropriate time frame does not relieve customer from the obligation to pay monthly charges. Wave Internet Technologies will not refund partial months.Any future full months of paid service fees will not be refunded to the customer upon receipt of cancellation notification, and the user account will be closed at the end of the cancled month. Prepayments at discounted rates are not eligible for a refund. Account charges will be processed once per month on a regular schedule. Accounts that remain unpaid after the invoice due date may have their service interrupted. Such interruption will not relieve the customer from the obligation to pay the monthly account charge. An account re-activation fee of $5.00 will be charged to re-establish service. If customer pays by check and it is returned unpaid, the account will be immediately suspended in default, and the check will be subject to a returned check fee of up to $25.00. If customer defaults on payments due Wave Internet Technologies, customer agrees to pay Wave Internet Technologies reasonable collection expenses, including attorney and collection agency fees.
13. Customer agrees to defend, indemnify and hold Wave Internet Technologies and its access providers and affiliates harmless from any and all liabilities, costs and expenses, including reasonable attorneys’ fees, related to or arising from: (a) any violation of this Agreement by customer, or customers’ authorized users; (b) the use of the service or the Internet or the placement or transmission of any message, information, software or other materials on the Internet by customer or customer’s authorized users; and (c) negligent acts or omissions of customer’s officers, employees, agents or contractors in connection with the construction, installation, maintenance, presence, use or removal of systems, channels or terminal equipment or software not provided by Wave Internet Technologies which are connected or are to be connected to the service.
14. Wave Internet Technologies failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement. Wave Internet Technologies reserves the right to modify, change and reformat this document as if deems necessary without permission or consent of its network users. Copies of the AUP will remain available via the Wave Internet Technologies Home Page.
15. Other uses of Wave Internet Technologies' service networks, equipment and/or lines are considered fraudulent, and a charge equal to an account’s monthly fee may be charged for violations.
16. Using or traversing Wave Internet Technologies' networks constitutes full agreement and understanding of this AUP and/or any future AUP modifications.
Using Wave Internet Technologies Internet Services for access to the Internet indicates that you have read and agree to this Acceptable Use Policy, and agree to abide by the terms and conditions stated herein.
Wave Links
Alta Vista
Amazon
Ask Jeeves
Ask Me Help Desk
CBS
CNet
CNN
Discovery
E! Online
ESPN
Excite
Fort Leonard Wood
Learn the Net
Microsoft
MRT
MSN
MSNBC
NASDAQ
Netscape
Northern Light
Rolla Jaycees
TeamOrb
USA Today
Weather Channel
Yahoo