WaveNet agrees to provide you (“User”) with those services (“Service”) set forth on the Application subject to User’s compliance with the terms and conditions below. PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE. BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER WARRANTY IS EXPRESSED OR IMPLIED.
WaveNet exercises no control whatsoever over the content of the information passing through WaveNet’s system. Use of any information obtained via WaveNet is at User’s risk. Neither WaveNet nor any of its affiliates, its licensers, its contractors or their respective employees warrant that the Service will be uninterrupted or error free; nor does WAVENET make any warranty as to the results from use of the Service. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON INFRINGEMENT, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION GIVEN BY WAVENET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE A WARRANTY. NEITHER WAVENET NOR ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES 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, CANCEL BOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WAVENET, ITS AFFILIATES, ITS LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES THAT RESULT IN ANY WAY FROM USER’S USE OF OR INABILITY TO USE THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER’S 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, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO ALTERATION OF OR USE OF USER’S ACCOUNT, WHETHER FOR BREACH OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE EVENT WAVENET IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE TERMS OF THIS AGREEMENT, WAVENET’S LIABILITY SHALL BE LIMITED TO THE UNUSED BALANCE OF USER’S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms, conditions, rules, policies, guidelines or practices of WAVENET in operating the Service, User’s sole and exclusive remedy is to discontinue using the Service.
Indemnification
Not withstanding anything to the contrary herein contained, User agrees to indemnify and hold WAVENET, its affiliates, its licensers, its contractors or their respective employees harmless against any and all liability, loss, claim, judgment, damage and expense including without limitation attorney’s fees and cost of litigation) incurred or suffered by WAVENET, its licensers, its affiliates, its contractors, or their respective employees as the result of any and all use of User’s account whether authorized or not authorized or as a result of the negligence, willful misconduct, or breach of any of the terms of this Agreement by User, including but not limited to claims, liabilities, losses, damage, judgment and expense which arise out of alleged injury or death of any person or damage to property of every kind and description. User shall promptly notify WAVENET in writing of any claim of which it is obligated under this indemnity. User shall have the right to assume the defense of any such claim. User and WAVENET shall confer as to and agree on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to WAVENET that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. WAVENET has no control over and accepts no responsibility whatsoever for such materials.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the Internet;
post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, pornographic, profane, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, including without limitation the U.S. export control laws and regulations;post or transmit any information or software which contains a virus, cancel bots, Trojan Horse, worm or other harmful component;post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Service for commercial purposes (other than as expressly permitted by the provider of such information, software or other material);upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Service which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or right holder;upload, post, publish, transmit, reproduce, transmit or distribute in any way any component of the Service itself or derivative works with respect thereto;send unsolicited advertising or promotional materials to other network users (See section titled “MESSAGING“);allow users to run Mail list, Listserv or any form of auto-responds from User’s account;run or activate processes while User is not logged in;violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind or illegal activity;attempt to defeat any idle timer or system tool intended to enforce the part-time and personal nature of User’s connection, including the use of ping bots and other methods of avoiding timing disconnection or violate any of the rules, regulations and policies of those networks and computer systems accessed via User’s account.WAVENET has no obligation to monitor the Service. However, User agrees that WAVENET has the right to monitor the Service electronically from time to time and to disclose any information as may be necessary to satisfy any law, regulation or other governmental request, to operate the Service properly, or to protect itself or its subscribers. WAVENET will not intentionally monitor or disclose any private E-mail message unless required by law. WAVENET reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. WAVENET reserves the right to suspend access to the Service for User’s account. The account’s suspension may be rescinded within the sole and absolute discretion of WAVENET following payment of a reconnection charge, to be determined by WAVENET in its sole and absolute discretion.
Messaging
User agrees to limit their use of the WAVENET service, specifically regarding the use of WAVENET’s electronic (email) services, to the following restrictions:
Mass Mailing
User is restricted to the transmission, or distribution, of no more than fifty (50) recipients, or addresses, per email message. This does not assume User is allowed to send such messages several times to groups smaller than the fifty (50) limit. Mass unsolicited commercial email (“Spam”) sent using a WAVENET connection constitutes illegal use per US Code Title 47, Sec.227(b)(1)(C).Unauthorized Use of Relay ServersUser agrees that any unauthorized use of any email server located throughout the Internet for the purposes of relaying or distributing messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message where the return address, originator’s address, or any other identifiable aspect of the message has been purposefully altered, is prohibited. User may not purposefully misrepresent the origination information of any email messages sent while using the WAVENET service.
Fraudulent Content
User agrees to be held responsible for the distribution of fraudulent materials.VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE TERMINATION OF SERVICES.
Limitation and Terms of Wireless 4g/5g Services
Actual performance may vary, and no minimum speed is guaranteed. WAVENET service may not be available when roaming and is not currently available in certain portions of select market areas within upstream Carrier Networks. WAVENET reserves the right to limit, suspend or constrain any heavy, continuous data usage that is adversely impacting performance of the upstream Carrier’s Networks, or hindering access to the upstream Carrier’s Networks. This service is provided solely for purposes of web surfing, sending and receiving email, photographs and other similar messaging activities, and the non-continuous streaming of videos, downloading of files or on-line gaming. Unless otherwise stated, WAVENET reserves the right to limit throughput speeds or the amount of data transferred, and deny, terminate, disconnect or suspend data Service, for Customers Network Access. WAVENET reserves the right to deny, terminate, disconnect, modify or suspend wireless data Service if a WAVENET Wireless Data device engages in the following prohibited uses: server devices or host computer applications, including, but not limited to, disproportionate Web camera posts or broadcast, automatic data feeds, automated machine-to-machine connections, peer-to-peer (P2P) file-sharing applications, FTP (file transfer protocol sites), broadcast to multiple servers or recipients such that they could enable “bots” or similar routines, as a public WiFi or broadcast to multi-dwelling units or any other extraordinary circumstance. Other Business Plan options for these types of Applications are available by contacting WAVENET directly. Upon the end of the term or termination of service, User agrees to return the WAVENET provided equipment at User’s sole expense within 30 days, or will incur $300 equipment charges. The 5G/4G equipment at User’s site is managed by WAVENET. Unless specified in User’s contract, this equipment is used to terminate the Wireless line and provide IP routing. User is responsible for obtaining additional networking hardware and software such as network cards (NIC), networking cable, firewalls, proxies, and etc. to perform additional IP networking such as firewalling, IP masking, network connectivity, and etc. User is responsible for configuring all Local Area Networking at User’s site and integration with the 5G/4G equipment.
Terms of Payment
User shall be responsible for any and all fixed and accumulative charges for User’s account. The first month service fee (or other available billing period selected) is due upon account setup. Each month (or other billing period selected) on the date of the application, User’s account shall be charged the monthly access and any other fees for the new month plus any accumulated charges for prior months. Failure to use this account(s) does not relieve User of payment obligations.A credit card User agrees to allow WAVENET to bill his or her card on each successive billing date without obtaining User’s permission after the initial charge. A credit card User shall notify WAVENET of any changes in credit card number or expiration date. If the card is not honored for any reason, WAVENET will attempt to notify the card holder by using the telephone information given at sign-up and by E-mail. WAVENET will call the card holder, and if alternative billing has not been established within five (5) days, the account will be terminated. Account reactivation is contingent upon full payment of past due amount as well as one-time reactivation fee.If payment is by check, payment due dates are indicated on User’s invoice. Dishonored checks are subject to a collection fee to be determined by WAVENET in its sole and absolute discretion. If payment is not received within five (5) days of the due date, service will be terminated.WAVENET maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 1.5% per month on the outstanding balance and a minimum of $99 restoration fee per circuit depending on the circuit. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event WAVENET utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of WAVENET’S attorneys’ fees and costs in the collection of these sums. Sales & Use Taxes, Federal Universal Service Fee (FUSF) & Other Fees & Taxes. Prices and fees do not include sales, use, value added, excise, utility or other State or Federal taxes, or FUSF, 911, or other telecommunications service or handling charges. WAVENET will bill (and Client shall pay) these amounts monthly based on gross Services provided. Third party providers of underlying telecommunications networks and services assess charges such as FUSF on WAVENET on a bulk basis, not a circuit-by-circuit or Service basis, and WAVENET prorates them based on the gross Services ordered.WAVENET reserves the right to change prices at any time without prior notice to it’s customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.
Right to Cancel
WAVENET reserves the right to cancel Service for any reason without prior notice. Cancellations must be requested via telephone, live chat, or email during regular business hours (10:00am to 7:00pm). Pre-paid accounts who cancel before their contract term is completed are subject to termination fees specified in their contract. WAVENET will not refund shipping & handling fees or any one-time start-up fee. Cancellations after the first of the month will be charged for that month. User must notify WAVENET via telephone or in writing to cancel Service. Fees for any setup, shipping and handling, and the first month’s Service are not refundable. Users are responsible for any termination fees and equipment charges.
Reactivation Policy
WAVENET reserves the right to refuse reactivation of the Service following a cancellation. Once Service has been canceled, whether initiated by the user or by WAVENET, there is no obligation for WAVENET to reactivate the Service at a later date. Users seeking reactivation after cancellation should be aware that reactivation is not guaranteed and will be considered on a case-by-case basis. If reactivation is approved, it may be subject to new terms, conditions, and fees as determined by WAVENET at the time of reactivation.
No Confidentiality
Information transmitted through WAVENET and through the Internet in general is not confidential. WAVENET can not and shall not guarantee privacy or protection of any User. WAVENET reserves the right to monitor any User’s transmissions when deemed necessary for providing proper service and/or to protect the rights and property of WAVENET.
Customer Information
Unless required by court order, subpoena or other legal request, or upon the advice of counsel, and unless User notifies WAVENET to the contrary by calling WAVENET may publish User’s name and other consumer information in one or more directories which may be accessed by other Internet users. In addition, unless User notifies WAVENET to the contrary as provided above, WAVENET may make such information available to third parties from time to time. User understands further that merchants on the Internet may have access to such information and may make it available to third parties in accordance with their normal practices unless User notifies those merchants directly that User does not wish such information to be made available.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked by the merchant or information or service provider from whom User is making the purchase to supply certain information, including credit card or other payment mechanism information. User agrees that all information User may provide any merchant or information or service provider on the Service for purposes of making purchases shall be accurate, complete and current. The merchants and information and service providers offering merchandise, information and services on the Service set their own prices and may change prices or institute new prices at any time. User agrees to pay all charges incurred by users of User’s account and credit card or other payment mechanism at the prices in effect when such charges are incurred. User shall also be responsible for paying any applicable taxes, surcharges, universal service fees and other mandated charges relating to purchases on the Service.
No System Backup
WAVENET does not and will not perform system backups on any User’s E-mail account(s). WAVENET shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WAVENET will not provide historical data, to any party for any reason, regarding any system or Internet activity. WAVENET does not and will not perform system backups on any User’s personal web site account(s). WAVENET shall not be held responsible for any lost web data, web files, or any web site contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, WAVENET will not provide historical data, to any party for any reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
WAVENET may deny User access to all or part of the Service without notice if User engages in any conduct or activities that WAVENET in its sole discretion believes violates any of the terms and conditions in this Agreement. If WAVENET denies User access to the Service because of such a violation, User shall have not right (1) to access through WAVENET any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through WAVENET, and WAVENET 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.
Miscellaneous
User agrees to notify WAVENET if User moves or otherwise changes his or her mailing address or phone number, and to list a truthful name, postal address and telephone number on the forms User supplies to WAVENET.In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect. WAVENET’S failure to insist upon or enforce strict performance of any provisions 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. WAVENET may modify this Agreement from time to time by placing an updated Agreement at WaveNet.co, and User’s continued use of the Service following such modification to the Agreement shall be deemed to be User’s acceptance of any such modification. It is User’s responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service. WAVENET shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond the reasonable control of WAVENET. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts without reference to its principles of conflict of laws. The United Nations Convention on Contracts for the International Sale of Goods (“CISG”) shall not apply. User and WAVENET both hereby irrevocably agree that any suit brought by either Party arising out of or relating to this Agreement shall be brought exclusively in the Massachusetts Superior Court, Worcester County, and User and WAVENET both hereby submit to the personal jurisdiction of such court. The Parties both hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection which either Party may raise now, or hereafter have, to the laying of the venue of any such suit, action or proceeding brought in such court and any claim that any such suit, action or proceeding brought in such a court has been brought in an inconvenient forum. THE PARTIES HEREBY EXPRESSLY WAIVE THE RIGHT TO A TRIAL BY JURY IN ANY ACTION OR PROCEEDING BROUGHT BY A PARTY AGAINST THE OTHER PARTY RELATING TO THIS AGREEMENT. In the event an action is brought or an attorney is retained by either Party to enforce the terms of this Agreement or to collect any moneys due hereunder, the prevailing Party will be entitled to recover, in addition to any other remedy, reimbursement for reasonable attorney’s fees, court costs, reasonable costs of investigation and other related expenses incurred in connection therewith. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. This Agreement constitutes the entire agreement between User and WAVENET with respect to the Service.
