Terms and Conditions, effective 5/17/2001:
Please review these guidelines that govern your account with Wave Networks LLC.
1. The services (the “WVNT services”) provided to you by Wave Networks, LLC. (“WVNT”) are subject to these Terms and Conditions. These Terms and Conditions set forth the entire agreement between WVNT and you with
regard to the WVNT services. If any of these Terms and Conditions are unacceptable to you, you may terminate your account as provided in section 13 below. Your use of WVNT services shall be conclusively deemed acceptance of these Terms and Conditions by you.
2. YOU REPRESENT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD. You are fully responsible for how your account is used and all activities conducted through your account. You may allow others to occasionally use it, but you are fully responsible for what they do.
3. You shall pay for the WVNT services according to the WVNT billing policies then in effect. The WVNT billing policies are available at www.wavenetworks.com. Payment will only be accepted in U.S. dollars. If WVNT does not receive your payment when due, your account may be terminated. Termination of your account does not remove your responsibility to pay
all fees incurred up to the date the account was canceled including any attorney fees and collection fees incurred by WVNT to collect such payment. You are responsible for providing all modems, telephone lines, personal computer and other equipment necessary to use the WVNT service and for payment of all telephone charges you incur in connecting to WVNT. If you
use another organization’s networks or computing resources, you are subject to their respective permission and usage policies. You agree to notify WVNT of any changes in your account information, such as your address or telephone number.
4. ALL USE OF THE WVNT SERVICES AND THE INTERNET IS AT YOUR SOLE RISK. THE WVNT SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. You release WVNT from and WVNT shall have no liability or responsibility for any direct, indirect, incidental or consequential
damages suffered by you in connection with your use of or inability to use the WVNT services including, but not limited to, loss of data from delays, non-deliveries, mis-deliveries, or service interruptions even if the same is caused by WVNT’s negligence. Without limiting the generality of the foregoing, WVNT disclaims any responsibility for (and under no circumstances shall be liable for) any conduct, content, goods and services available on or through the Internet or the WVNT services. In no event shall WVNT’s aggregate liability exceed the amount paid by you to WVNT for the WVNT services. Some states do not allow the exclusion or limitation of liability, and in such states WVNT’s liability is limited to the full extent permitted by law. Use of any information obtained via the WVNT service is at your own risk. WVNT shall have no responsibility for the accuracy or quality of information obtained through any WVNT services.
5. WVNT’s services may only be used for lawful purposes. Reproduction or transmission of any material in violation of any local, state, U.S., or international law or regulation is prohibited. This includes, but it not limited to: reproduction or transmission of copyright or trademarked material without the permission of the owner, infringement or repeat infringement of any copyright, trademark or other third party intellectual property right, transmission of threatening, lewd,
lascivious, indecent or obscene material, transmission of material protected by trade secret or using your account to make, create, solicit or transmit any obscene or indecent material to or from any person under eighteen (18) years of age. WVNT reserves the right, in its sole discretion, to terminate your use of or access to WVNT’s services without notice in the event of any violation of the policies contained in this paragraph 5. Further, you shall defend, indemnify and hold harmless WVNT from and against any claims, liabilities and expenses, including attorneys fees, resulting from your use of the WVNT service or your account in an unlawful manner or otherwise in violation of the Terms and Conditions. At WVNT’s discretion, WVNT may revoke your access to WVNT services or account for inappropriate usage.
6. Use of any information obtained via the WVNT service is at your own risk. WVNT shall have no responsibility for the accuracy or quality of information obtained through any WVNT services.
7. WVNT may list your e-mail information in relevant Internet directories, such as InterNIC, WAIS, or X.500 series.
8. These Terms and Conditions are subject to change by WVNT from time to time effective ten(10) days after the new Terms and Conditions are published by WVNT in www.wavenetworks.com. A current copy will also be available from WVNT customer service. If any new Terms and Conditions are unacceptable to you, you may terminate your account by giving written
notice of termination to WVNT as provided in Section 13 below. Continued usage of your account after new Terms and Conditions have gone into effect constitutes acceptance of those new Terms and Conditions. We encourage you to regularly check for Terms and Conditions updates.
9. All use of WVNT services are subject to the specifications and guidelines associated with that service. WVNT service specifications are available at www.wavenetworks.com or can be obtained by contacting a Wave Networks
10. Any Network Address assignments issued by WVNT (i.e., Class C address space) are the property of WVNT and are considered to be “loaned” to its customers. In the event service with WVNT is discontinued for any reason, such addresses will revert to WVNT.
11. All WVNT services are for end-user use only and may not be resold to third parties without a separate reseller agreement on file with WVNT
12. WVNT reserves the right to cancel the WVNT service at any time and for any reason and to reimburse you any unused fees where appropriate on a pro-rata basis.
13. Some of the information available on WVNT systems, such as postings in the UseNet newsgroups, is protected by copyright. Unless you have permission from the copyright holder, you shall not redistribute this information to others, including use of this information on radio, television, or in printed media such as newspapers, magazines or newsletters.
14. Sending unsolicited mail messages, including, without limitation, commercial advertising and informational announcements, is strictly prohibited. A user shall not use another site’s mail server to relay mail without the express permission of the site. Posting the same or similar message to one or more newsgroups (excessive cross-posting or
multiple-posting, also known as “spam”) is explicitly prohibited.
15. You may cancel your account at any time upon prior written notice to WVNT. You will still be responsible for any fees incurred up to the date of termination of the services. WVNT will reimburse you for any unused fees where appropriate on a pro-rata basis.
16. These Terms and Conditions supersede all previous representations, understandings or agreements and shall prevail notwithstanding any variance with terms and conditions of any order or payment submitted. These terms and Conditions shall be governed by the laws of the state of Washington, without reference to its choice of law principles.