TERMS AND CONDITIONS
Basic
Internet Access Service: Wave
Internet Services provides access to the Internet by local
telephone dial-up and DSL for Users from Neskowin to Rockaway Beach.
Internet may be accessed 24 hours a day, excluding small
maintenance periods, and subject to the rates and services
contracted with User at time of signup.
User is responsible for providing adequate equipment that will work with our services, and if an excess of technical support must be provided, user may be asked to seek the services of a professional computer technician. User is responsible for the operating condition of the computer and modem and it is the user's responsibility to make sure the operating system is a licensed operating system. Wave Internet Services does not sell or service hardware or software.
Technical support is limited to helping you solve problems with connecting to and using our Dial-up, DSL, and the Internet. We will try to assist with any problem, but we reserve the right to ask you to go elsewhere for assistance with problems not related to the Internet, problems with services not supplied by Wave Internet Services , or problems with your computer, modem, or phone line.
Wave Internet Services may temporarily disconnect service in case a virus, worm, or trojan infecting your computer poses a threat to our network or to other customers. Wave IS will work with you to identify and clean the infection that caused the threat. You are responsible for taking reasonable measures to prevent virus infection, or to clean off an infected computer in order to assure that your computer does not pose a threat to your internet neighbors.
User
is responsible for determining that the dial-up number provided
will not result in a toll charge from his telephone service;
specifically, User may rely on true local calling rates if
User has Extended Area calling service and not Local Metered
access from the telephone company.
There
are no additional charges for the number of log-on attempts
or a limit to the number of times the User may attempt to log-on.
Unmetered or unlimited access does not guarantee that every
log-on attempt is successful. Factors influencing successful
log-on attempts include the availability and operating condition
of various phone companies' equipment and services, Wave Internet
Services equipment or services and the User's computer equipment.
All
User sessions are for attended interactive use only. The User
is not permitted to run any type of server with Basic Internet
access. Wave Internet Services reserves the right to disconnect
idle connections and limit usage during peak usage times. This
ensures all Users have equal opportunity to log-on to the system
during peak usage times. The User is not permitted to keep
the session alive via means such as an e-mail program that
checks mail automatically in predetermined time intervals,
or any program which periodically sends data to our system,
if the User is not actively using his computer. Users who stay
connected for exceptionally extended periods of time may be
disconnected or asked to purchase a Dedicated Connection.
Privacy
and Acceptable Use: Wave Internet Services
provides a gateway for the User to connect to the Internet.
Wave Internet Services has no control over material accessed
on the Internet. Some Users may find certain material on
the internet objectionable. Wave Internet Services assumes
no responsibility for any material found on the Internet.
Users are free to use any Internet service available as
long as it is for LEGAL purposes. Any report of any illegal
activity can cause immediate suspension of access and notification
of the appropriate authorities. Wave Internet Services
reserves the right to suspend or cancel any account at
any time for any reason. Wave Internet Services will make
available to law-enforcement agencies any User's account
information as required by law or if it is necessary to
protect Wave Internet Services's equipment, staff, or other
Users from service interruption or shutdown.
Wave
Internet Services makes no claims or warranties about the security
of its system, User's files or User's e-mail. Third-party encryption
tools such as PGP and RSA may be used if a User needs to ensure
privacy of a file or e-mail message, although Wave Internet
Services has no affiliation with, and makes no claims about,
the security of any encryption tool a User may choose.
Users
should be aware of proper on-line etiquette (netiquette). Guidelines
may be found in many Internet-related books, magazines, on-line,
and in newsgroups. A User will be held liable for any temporary
or permanent damage done to Wave Internet Services's system
due to the User's negligence or lack of netiquette, whether
intentional or accidental. This may include, but is not limited
to, the release of computer viruses or worms, "cracking" into
unauthorized areas on any system, or sending or causing the
receipt of "e-mail bombs" by Wave Internet Services's system.
A User engaged in any such damaging activity, as determined
by Wave Internet Services, may have their account suspended
or canceled, be billed for excessive bandwidth usage and employee
time, and be charged for any other damage or loss caused by
User's actions. Most Users will likely never encounter these
situations, but it is important to be aware of the rules and
consequences.
User
Responsibilities: Users are responsible for
all charges associated with their account. In the event
of any unauthorized access to your account, User MUST notify
Wave Internet Services in writing, e-mail, or by phone;
however, the User will remain responsible for all charges
until Wave Internet Services is notified. All accounts
are for personal, nontransferable access. No more than
one concurrent User session per account is permitted at
any time. The User is prohibited from lending or giving
their account password to others. Minors cannot be Users.
User
is responsible for any local, long distance, or other charges
incurred to access any Wave Internet Services's internet modem
access numbers or servers. User is responsible for the set-up
and configuration of their computer hardware and software for
accessing any of Wave Internet Services 's Internet modem access
numbers or servers.
The
User is expressly prohibited from engaging in any illegal activity
using Wave Internet Services internet services. This includes,
but is not limited to, posting or otherwise disseminating copyighted
material, libelous material, child pornography, soliciting
the sale of any illegal substance, service, stolen property
or any other action deemed illegal or unlawful by Federal,
State, or Local laws.
Charges
and Billing: User is responsible for payment
of all services. Fees may be paid by credit card, debit
card, money order, check, or cash. Wave Internet Services
does not recommend sending cash through the mail and takes
no responsibility for the loss of User funds if attempted.
Accounts are billed in a variety of increments. No refunds
for "unused" days will be given, dialup accounts are sold in monthly increments. Service activation fees,
set-up fees, non-recurring fees, marketing services, and
products (including computer programming products and services)
are non-refundable. Credit cards, debit cards, and automatic
checking account debiting are automatically billed based
on User's specific subscription or payment arrangement.
All payments not received on or before the due date will
be considered late or past due and may incur late or past
due fees. All late or past due amounts will be automatically
charged or debited from the User's credit card, debit card,
or checking account depending on the information on file
at Wave Internet Services given to Wave Internet Services
by the User. Late or non-payment of the User's account
because of Non-sufficient Funds may incur additional processing
fees, this includes but is not limited to NSF checks, declined
credit or debit card transactions, or insufficient checking
account balances. Accounts that are 30 days or more past
due are subject to a monthly late
fee of $5.00
Late
and Canceled Accounts: Accounts past due 30
days or more will be suspended. Accounts past due 45 days
or more may be canceled at the discretion of Wave Internet
Services. The User is responsible for payment on the account
until it is officially canceled, and will be charged at
full base rate for the used months of service if cancellation
occurs prior to account anniversary. User must pay for
the suspended account. If User cancels the account while
access is suspended, User remains responsible for all amounts
due up to the date of official cancellation. Official cancellation
occurs when the account is excessively past due, which
is determined by Wave Internet Services, or when the User
contacts Wave Internet Services via e-mail, website, conventional
postal mail, in person, or by telephone to cancel the User's
account. If a User is requesting that an account be canceled,
identification of the User by means of the Wave Internet
Services account ID could be required. Additional identification
information may be necessary to cancel any account if deemed
necessary by Wave Internet Services. After an account is
officially closed all files including e-mail will be deleted
from Wave Internet Services's system, thus making the email
address available to new users. If canceling an account,
User must promptly notify Wave Internet Services of any
changes in User's payment information, home or billing
address, and apparent breaches of security, such as loss,
theft, or unauthorized disclosure or use of a credit card,
ID, or password. Information regarding User's credit card
number and/or bank account number will be used or disclosed
only for the purposes of completing a banking transaction,
or as required by law.
Third-Party
Sales and Services: There is a variety of
merchandise and services available for sale on the Internet
that make available all or part of Wave Internet Services's
internet services that are in no way associated with Wave
Internet Services. All transactions concerning merchandise
and services are solely between Seller and Buyer. This
includes, but is not limited to purchase terms, payment
terms, warranties, guarantees, maintenance, and delivery.
Wave Internet Services makes no warranties or representations
whatsoever with regard to any goods or services provided
by the Seller. Wave Internet Services shall not be a party
to such Seller transactions or be liable for the costs
or damages arising, either directly or indirectly, from
the actions or in-actions of the Seller.
Termination
of Service: Wave Internet Services may terminate
this Agreement and the right to access the Internet through
Wave Internet Services's computer system at any time and
without cause. In addition, the User may also terminate
service by giving written notice to Wave Internet Services
and discontinuing use of Wave Internet Services services.
If cancellation of service occurs within ten days of service
activation as determined by Wave Internet Services's Internet
the User is eligible for a full refund, except for those
services deemed non-refundable under the 'Charges and Billing'
section of this agreement. Service activation is determined
by Wave Internet Services and is based on the date that
the service was ordered or activated by Wave Internet Services.
Refunds for pre-paid, long term services or products are
eligible for a refund after the initial ten days under
the following pro-rated schedule. Services cancelled after
the initial ten days of activation will be charged Wave
Internet Services's base rate for those services. Refund
is based on the number of months used, charged at the base
rate, and then subtracted from initial payment. Credits
are based on one-month increments; no credit is given for
partial months.
Limitation
of Liability: Wave Internet Services does
not warrant that the services or the information contained
on the Internet meet the User's requirements or that the
operations of Wave Internet Services internet services
will be uninterrupted or error-free, nor does Wave Internet
Services make any warranty as to the results to be obtained
from the use of Wave Internet Services.
User
Web Content: Wave Internet Services agrees
to use its best efforts to ensure that a User's web content
appears as requested. However, Wave Internet Services reserves
the right to make such editing changes necessary to properly
prepare the text and graphics for electronic transmission
in accordance with the capabilities of the hardware and
software in use, and in accordance with all applicable
laws and Wave Internet Services's publishing standards.
Because of the nature of electronic media, Wave Internet
Services shall have no liability whatsoever arising out
of the transmission or reception of the User's web content,
other than to use reasonable efforts to ensure availability
during the period of this agreement. User warrants that
all material supplied by User for inclusion is true and
accurate, to the best of User's knowledge and belief, and
that none of the material is defamatory. In addition, User
warrants that they own, or have a valid license to use,
any copyrighted or protected material contained in web
content, and User agrees to indemnify and hold harmless
Wave Internet Services from any and all liability arising
out of the publishing and the content of this material.
Wave Internet Services reserves the right to use all of
its current and previously listed materials for self-promotion.
In no event shall Wave Internet Services be liable in damages
for more than the amount paid for the web content, nor
shall it be liable for incidental, consequential or punitive
damages, however denominated. Under no circumstances, including
negligence, shall Wave Internet Services internet services
be liable for any incidental, special, or consequential
damages that result from the use of or inability to use
Wave Internet Services's internet service; or that result
from mistakes, omissions, interruptions, deletion of files,
errors, defects, delays in operation or transmission, or
any failure of performance whether or not caused by events
beyond Wave Internet Services reasonable control, including
but not limited to acts of God, communications line failure,
theft, destruction, or unauthorized access to Wave Internet
Services' records, programs, or services.
In
no event shall Wave Internet Services' total liability for
all damages, losses, and causes of action, whether in contract,
tort, including negligence, or otherwise, exceed the aggregate
dollar amount paid under this Service Agreement.
Disclaimer
of Warranties: User expressly acknowledges
and agrees that use of Wave Internet Services internet
services is at User's sole risk. Access is provided "as
is" and without warranty of any kind, either expressed
or implied, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose.
No oral advice or written information given by Wave Internet
Services, its agents, or its employees shall create a warranty,
nor shall the User rely on any such information or advice.
Indemnity: The
User agrees to indemnify and hold harmless Wave Internet Services
from any claims and expenses, including reasonable attorney's fees,
related to User's violation of this Service Agreement, including
any information, software, or other content placed on Wave Internet
Services computer system or the Internet in general.
