Webwave Internet LLC, Terms and conditions of service

Webwave is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to Webwave services, you understand and agree to these terms of service and any future modifications or additions to this document.

Email:

Webwave communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Webwave Internet services come with at least one email account. It is required that you routinely check this email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Webwave email to your preferred account. Your Webwave email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.

Privacy:

Webwave is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Webwave.

On various Webwave web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Webwave products and services.

Webwave will not sell, rent, or lease your personally identifiable information to others. Unless required by law, Webwave will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by Webwave's privacy policy with respect to the use of this data. Unless required by law, should a company not governed by Webwave's privacy policy require your personal information, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company's respective privacy policy.

Webwave strives to keep your personally identifiable information accurate. Every effort is made to provide you with online access to your registration data so that you may update or correct your information at any time. Webwave is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. Webwave uses encryption when collecting or transferring sensitive data such as credit card information.

Moderation

Bandwidth: As an ISP, Webwave's bottom line is determined partially by the amount of bandwidth customers utilize. Webwave can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Webwave services in a manner which consumes excessive bandwidth or affects Webwave's core equipment, overall network performance, or other users' services, Webwave may require that you cease or alter these activities.

Webwave does not allow customers authoritative control of their own reverse DNS within the mywebwave domain.

The resale of residential-class services is strictly prohibited . Collection of service fees from third party customers on behalf of a Webwave residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Webwave to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing.

Webwave does not permit customers to run servers (web, mail, etc.) over their Internet connections. Customers are permitted to use hubs and at times personal routers. Any service that causes a disruption in the network integrity of Webwave or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Webwave servers, servers connected to a Webwave provided Internet connection, or shared networks. Webwave reserves the right to modify or terminate services at our sole discretion.

Acceptable Use

You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Webwave account services that are deemed to be in violation of our Acceptable Use Policy.

Webwave vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Webwave's Abuse Department by emailint abuse@mywebwave.com and appropriate action can be taken.

In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Webwave reserves the right to suspend and/or terminate your account and all Webwave-provided services immediately, without advanced notice. Webwave reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Webwave's determination is final and binding on you.

The following activities are considered in violation of Webwave's Acceptable Use Policy:

Intellectual Property Rights Infringement
Webwave respects the intellectual property rights granted under the US copyright laws and the interests of subscribers and content providers on the Internet. You may not store material on, or transmit material over, Webwave Internet LLC’s information systems or servers in any manner that infringes the intellectual property rights of any entity or individual. All notices received by Webwave indicating any activity suspected to infringe upon third party intellectual property rights will be re-routed to the primary account holder on file, accompanied by a request to verify and possibly cease and desist. Webwave Internet LLC’s policy of service suspension or termination of members deemed to infringing the intellectual property rights of a third party is in accordance with the Digital Millennium Copyright Act ("DMCA") as well as US copyright law.

Denial of Service
The use of your connection to facilitate any activity that deliberately impairs another entity, individual or machine from accessing their computer or Internet connection is in violation.

Hacking
Any member accessing or attempting to access the machines or accounts of others or any other attempts to breach the security of other systems, regardless of success or failure, is in violation. This also applies to unauthorized mail or web relay/proxy access attempts and port scans.

E-Mail Spam
Transmission of unsolicited e-mail from anywhere within our network, distributing unsolicited, commercial, email which advertises any portion of Webwave's network, IP or domain space, hosting content for the purpose of spamming (such as bulk e-mail distribution lists) or providing support services (such as DNS) for anyone intending to conduct such activity is in violation.

Newsgroup Spam
Posting of messages to newsgroups that are off-topic or mass posting of messages to news groups is in violation.

Dissemination of Viruses
Intentional release of malicious software that is an attempt to cause damage or harassment to persons and/or machines is in violation. Additionally, repeated demonstrated neglect of equipment on the network which causes malicious traffic or allows unsolicited emails to be sent to other customers or third parties is in violation.

Personnel Abuse
Personal threats, sexual harassment, profanity and vulgarities of any sort directed toward Webwave personnel are considered in violation and will not be tolerated.

Account Billing and Invoicing

Billing will commence on your Activation Date and you will be financially responsible for all service time thereafter unless Webwave is notified within a timely manner of an outstanding issue which Webwave deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Service fees may include applicable state and federal taxes and fees in addition to the advertised rate.

Business-class and personal Bill Accounts will be mailed a monthly paper invoice free of charge unless alternative billing arrangements have been made. Residential-class Webwave charges for its service continuously regardless of whether or not you are using it because we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment.

Should you opt to terminate your Webwave service(s), you must contact us via telephone or MyWebwave (login required) on the effective date. All disconnection requests will be processed on the date the request is received. This applies to both total account and single service terminations.

Accounts Receivable:

Bill Accounts will be invoiced 15 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle.

Webwave reserves the right to terminate Bill Accounts that remain past due at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time.

If you wish to reinstate service with Webwave, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.

Liability & Limitations:

Webwave is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Webwave customer, whether legal or illegal; or any other goods or services provided by Webwave or any of its vendors. In no event shall Webwave be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year.

The technical support that Webwave provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.

Termination Policy:

Webwave has the right to terminate your service at its sole discretion, as determined by Webwave Internet, LLC.

Customers within an active service term that are terminated due to violation of policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Webwave at the time of service termination, including but not limited to rendered service, hardware and installation fees.

Webwave is committed to providing quality Internet services. However, Webwave is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring.

Although Webwave wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.