CCWAVE Service agreement 04/15/01
THIS AGREEMENT IS ENTERED INTO BY AND BETWEEN CCWAVE and CUSTOMER.
WHAT WE PROVIDE: CCWAVE agrees to provide Customer high quality access to the internet. Customer agrees to receive access according to the following terms and conditions:
The rights of access conveyed by this agreement are not transferable. Use of an account is expressly limited to the individual name that appears on the account. Customer agrees to use this service in a manner consistent with any applicable laws whether Federal, State, Municipal or by International treaty. Customer agrees to follow the Acceptable use policies of any network Customer connects to. If a person under the age of 18 years is allowed access to the Internet, the Customer assumes responsibility for all charges and activities related to the use of Customer's account. The use of Individual access accounts for advertising or promotion of a commercial product or service is prohibited. This prohibition is primarily for, but not limited to, HTML documents made available for viewing with a WWW browser application. CCWAVE reserves the right to view public html directories in order to determine compliance, and may at any time request that an individual account be converted to commercial service. CCWAVE shall be the final arbiter of what constitutes commercial content. Violators are subject to immediate termination of their account. Personal Homepages are limited to 50 MB of throughput per month. Throughput is defined as data transmitted from CCWAVE to the Internet. Data transferred from within the CCWAVE network or CCWAVE users does not count as throughput. Use of more than 50 MB of throughput per month will result in automatic upgrade to a Commercial Web Account..
To sign-up for an account you must be 18 years of age
Un-limited Annual account at the rate of $180.00 per year. Sign up fee for the annual account is waived.
Un-limited Monthly account at the rate of $19.95 per month with a one time sign-up fee of $10.00
CCWAVE will host your personal web page at no additional charge. This must be not exceed 10 Megabytes in size. Furthermore this space is for material of a personal nature only. You may not display Adult Material on this site. Anything done that has the potential to generate income must be considered a business page.
Commercial web accounts: base fee is $negotiated$. Overage charges are as follows: storage excesses are billed at $1.00 per meg per month . Throughput excesses are billed at $.50 per meg if total throughput exceeds 100 megs per day. CCWAVE reserves the right to change prices at any time.
POLICIES: Violation of the any of the following policies may result in termination of accounts and forfeiture of any monies paid.
ACCOUNT ACTIVATION: All accounts will be activated upon receipt of payment , Payment shall convey acceptance of our service agreement. All accounts are due and payable on or before the day they become due. All accounts not paid on or before the due date will be assessed a service fee of $5.00. Delinquent accounts may have their use suspended until payment is received. All charges will continue to accrue while account is on an accounting suspension. All of Customers data will be purged by CCWAVE after 2 (two) months un-paid fee. Customer agrees to promptly notify Provider of any changes in Customer's address or phone number.
CANCELLATION: A 30 day written notice via regular mail or email and receipt of such at the CCWAVE office is required for cancellation of service. Annual customers canceling prior to their renewal period will be charged $10.00 for the initially waived set up fee, a $10.00 penalty fee and the regular monthly rate for the months in use which were discounted as a result of the annual agreement.
REFUND POLICY: All credit card refunds will be credited immediately upon approval of customer request, If customer has paid by check, a check will be issued upon approval of request. All refunds will be issued with in 30 days of approval of request.
RESTRICTIONS: Un-solicited electronic mail, pornography and any similar use which CCWAVE deems un-suitable or is defined by any Federal, State or Municipal authority as an illegal act is strictly prohibited! In such cases CCWAVE reserves the right to cancel said Customer's account immediately and at its option call the entire amount due and owing further charges as additional damages against any losses CCWAVE may sustain by reason of customer's actions!
IRC: ?????Users may not flood (send text repeatedly) to other clients on IRC. Users may not spoof / falsify account information. CCWAVE reserves the right to kill off IRC bots during heavy load periods.??????????? Users may not run link lookers on IRC.
E-MAIL AND USENET NEWSGROUPS: Users may not "spam" or flood the Usenet with a single post to a large number newsgroups (10 or more) not related to the topic of your article, or make multiple posts with essentially the same content to many different newsgroups. Users may not post off-topic messages to Usenet. this includes messages violating the specific newsgroup's charter or purpose. Users may not harass or make threats against another person via e-mail, news or any other electronic media/service we provide. Users may not forge e-mail or news postings ( to include cancel messages, whether manual or automated). Users may not "spam" people via e-mail. This is defined as unsolicited ( unwanted, unrequested ) e-mail.
DIAL-UP SERVICES: Users may not use their account for more than one concurrent connection at a time. This means that you cannot call in on two modems at the same time. We do provide leniency for businesses that have multiple people checking mail at the same time. However, if you need to have more than one account dialed concurrently for any reason, please contact the office to purchase additional discounted accounts. Users may not run keep-alive programs designed to keep a connection up by sending regular amounts of data through the dial-up connection. CCWAVE uses state of the art, modern digital equipment for its internet/network services. CCWAVE is not responsible for the deterioration of line speeds based on the location of the subscriber. 56K provides speeds significantly higher than 33,600 BPS for over 80% of local phone lines. Typical speeds range between 42KBPS and 54KBPS (the current limit set by the FCC) DEFINITION OF UNLIMITED ACCESS: Customers cannot have their modem automatically dial back in, after being connected for 4 straight hours or idle for more than 15 minutes. This constitutes "nailing up an account". Your PPP account is intended for unlimited personal use: meaning (and our definition is final) that you may have your connection up as long as you are personally in front of your PC. Your PPP account is not a dedicated connection. If you abuse this policy, your account will be terminated.
ACCOUNT SECURITY: Users are responsible for all activity generated by their accounts. Users must safeguard their account passwords as if they were credit card numbers or social security numbers. If someone gains access to your account password, they can tamper with your files, e-mail, change your billing package, and even lock you out of your account. Users must comply with requests of CCWAVE administrators if we feel your account, the programs you run or your password is insecure. Failure to comply with security requests will result in suspension of your account until the matter is resolved. Customer is responsible for all use of his/her account(s) and the confidentiality of password(s) CCWAVE will suspend access or change access to Customer's account within twenty four hours or less after notification by Customer that his/her password has been lost , stolen or otherwise compromised. Customer is responsible for any local or long distance telephone charges incurred while connecting to CCWAVE . Customer agrees to pay CCWAVE for and all charges relating to the use of Customer's account.
MISCELLANEOUS: USER MAY NOT CAUSE HARM: Users may not mount an attack against our system or any other systems on the Internet. This includes but is not limited to mail bombing ( sending three or more unsolicited pieces of e-mail or files exceeding 60K), "hacking" or attempting to gain root access, ping flooding, tsunami or flood bots or annoyance utilities like "nuke" or "flash". Users may not run mailing lists from or through any of our machines or mail servers. CCWAVE has mailing list services available. Please contact webmaster@CCWAVE for details and information. Users may not download, store or distribute illegal copies of commercial software. If we find commercial software stored on or distributed from our system, we will delete the files and immediately terminate your service. Trying to "hack" root or user logins on any machine is forbidden. Attempting to do so will result in immediate account termination. Users may not run packet sniffers or similar programs.
CONTINGENCIES AND INDEMNIFICATION: It is expressly agreed that CCWAVE and its prospective officers, directors, agents and employees shall not be liable for loss or damage on account of delays or loss of service due to an act of God, strikes, fires, governmental or municipal laws, rules, regulations or restrictions or act of Providence, or for inability to secure specified material, or to maintain services or any part thereof by reason of any legislation heretofore or hereafter enacted by the Federal government or any State or Municipal government, or for other like causes. In the event of any delay in service by reasons of the above, the customer shall be entitled, as its election, to either an extension of service, additional service or credit, all on a pro-rated basis. CCWAVE will not be responsible for any losses or damages resulting from email delays , non-deliveries, improperly addressed mail, service interruption, "down time" or Customer's errors or omissions. In the event the we as the provider fail to provide services due to negligence, our liability will be limited to the refund of the Customer's monthly fee pro-rated according to the actual time. Down time for regularly scheduled maintenance will not be considered failure to provide services. CCWAVE shall hold Customer responsible for all liability, including all claims, demands, debts, obligations, or charges together with reasonable attorney's fees and disbursements arising out of the failure to comply with the terms specified in the agreement. Offensive or adult materials: We exercise no control over material available from the Internet including but not limited to the material accessed through our network regardless of the nature of its content. All responsibility for access to the material solely the responsibility of the Customer. If the customer has minor children who have access to or permission to use their Internet Account the Customer assumes all responsibility for monitoring and controlling access to any and all materials on the Internet accessed through our Network. In the event that any provision of this agreement is held invalid, illegal, or unenforceable, the remaining provisions of this agreement will remain in full force and effect. Customer may not assign its rights and duties under this agreement without the prior written consent of the Provider, except to a successor of all or substantially all of its business and properties. The waiver by Provider or Customer of any term or condition of this agreement shall no be deemed to constitute a continuing waiver thereof nor of any further or additional right that Provider or Customer may hold under this agreement. Neither CCWAVE nor its information Providers are responsible for any damages arising from Customer's use of CCWAVE or by Customer's inability to use CCWAVE service. CCWAVE reserves the right to change with out notice the CCWAVE service, including but not limited to: access procedures, hours of operation, menu structures, commands, documentation, vendors and services offered. CCWAVE is not responsible for Customer's personal files residing on CCWAVE equipment. Customer is responsible for independent backup of data stored at CCWAVE . CCWAVE reserves the right to delete Customer's personal files after on or both parties terminates service. CCWAVE reserves the right at its sole discretion, to delete any information entered into CCWAVE resources by Customer. CCWAVE and its authorized representatives shall have the right , but not be obligated, to edit publicly viewable information. CCWAVE shall not be liable for any consequential, incidental, indirect, or special damages arising out of or caused by mistakes, omissions, interruptions, delays, errors, or defects or otherwise occurring in the course of furnishing service. CCWAVE liability for direct damages shall in no event exceed an amount equivalent to the proportionate net charge to the Customer for the period of service during which such mistakes, omissions, interruptions, delays, errors, or defects occur. CCWAVE internet service is provided as and "AS IS, AS AVAILABLE" BASIS. NO WARRANTIES EXPRESSED OR IMPLIED,, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE MADE WITH RESPECT TO CCWAVE INTERNET, OR ANY INFORMATION OR SOFTWARE THEREIN.. THIS "NO WARRANTY" EXPRESSLY INCLUDES ANY REIMBURSEMENT FOR LOSSES OF INCOME DUE TO DISRUPTION OF SERVICE BY CCWAVE INTERNET OR ITS PROVIDERS. Due to the public nature of the Internet CCWAVE is not responsible for the privacy of electronic mail and information transferred through the Internet. CCWAVE reserves the right to refuse service to anyone for any reason. Non enforcement of any section of this Agreement does not constitute consent and CCWAVE reserves the right to enforce this Agreement at its sole discretion. Customer understands that CCWAVE acts as a gateway in providing access to the Internet and is not responsible for the content. After a modification to any terms and conditions in this agreement has been made and the continued use of the service by the Customer shall constitute acceptance of the modification.
COPYRIGHT: THE CUSTOMER AGREES THAT ANY MATERIAL FOR STORAGE OR PUBLICATION ON CCWAVE INTERNET'S EQUIPMENT DOES NOT VIOLATE OR INFRINGE ANY COPYRIGHT , TRADEMARK, PATENT, STATUTORY, COMMON LAW OR PROPRIETARY RIGHTS OF OTHERS, OR CONTAIN ANYTHING OBSCENE OR LIBELOUS
WARRANTIES: CCWAVE make no warranties of any kind, whether expressed or implied for its services. We make no warranties for fitness for any particular purpose.
CCWAVE reserves the right to amend and or make changes to the terms and conditions of this agreement and any agreements referenced herein, including the fee schedule and acceptable use policy by notifying the customer in writing via regular mail or e-mail at least 30 days in advance of the effective date of the change. Any use of the service by Customer after the effective date constitutes acceptance by the Customer of the new terms and conditions. CCWAVE reserves the right to terminate service at any time for non payment or past due bills or delinquent payments.
When you sign up for your account you are proclaiming that you have read and understand all of the terms and conditions set forth and are agreeing to be bound by the the service agreement. This agreement supercedes any and all prior proposals, understandings, and agreements whether written or oral between Internet Service Provider and Customer
We now offer Wireless Internet ,including discount rates for approved accounts. However, We have a no refund Policy on discounted service's.