Netwave Hosting’s Acceptable Use Policy. All customers of Netwave Hosting.com agree to be governed by the policies set forth herein.

WHEREAS, Netwave Hosting is an information provider connected to the Internet Netwave Hosting offers storage and transfer services over the Internet through access to its Web Servers.

WHEREAS, Customer seeks to utilize Netwave Hosting's server for its own purposes.

WHEREAS, The parties acknowledge that the Internet is neither owned nor controlled by any one entity, therefore, Netwave Hosting can make no guarantee that any given reader shall be able to access Netwave Hosting's server at any given time.

Netwave Hosting represents that it shall make every good faith effort to ensure that its server is available as widely as possible and with as little service interruption as possible.

NOW THEREFORE, in consideration of the mutual promises contained herein, the parties agree as follows:

FINANCIAL ARRANGEMENTS

  1. Customer agrees to a thirty (30) day contract minimum (or three (3) or six (6) or twelve (12) month contract depending on length of pre-payment), beginning upon commencement of service.
  2. IF there is a per-plan one time setup fee of $5.00 and if the customer wishes to cancel Netwave Hosting services within thirty (10) days of the initial signup they shall be able to do so for any reason and have their money promptly refunded.
  3. At the end of the contract term, the contract will automatically renew for successive thirty (30) day periods (or three (3) or six (6) or twelve (12) month periods, depending on length of pre-payment) indefinitely until canceled in writing. After the first 30 days a canceled account will be canceled before the next payment is due and no more billing will occur nor will any payment be refunded, even for unused portions.
  4. "10-Day Money-Back Guarantee" offer only applicable to credit card payments. Other forms of payment are non-refundable such as PayPal payment options.
  5. Violations of Netwave Hosting's Terms of Service may, at Netwave Hosting's discretion, result in immediate disablement without refund.

TAXES

  1. Netwave Hosting shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Netwave Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

UPTIME GUARANTEE

  1. Netwave Hosting WILL maintain a 97.0% or above uptime each month. If the uptime drops below 98.0% on any givin month (measured at the end of the month) then Netwave Hosting will promptly refund that months payment. (Refund is not applicable for yearly payment options).

MATERIAL PRODUCTS

  1. Customer will provide Netwave Hosting with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Netwave Hosting. Netwave Hosting shall make no effort to validate this information for content, correctness or usability.
  2. Use of Netwave Hosting's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.
  3. The following examples are offered:
    • Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web space contents, Graphics, text, Sound, image mapping, etc.
    • CGI-Scripts: requires knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
  4. The Customer agrees that he or she has the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Netwave Hosting to provide this knowledge or Customer Support outside of the defined service of Netwave Hosting.
  5. Netwave Hosting will exercise no control whatsoever over the content of the information passing through the network.
  6. Netwave Hosting makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Netwave Hosting also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Netwave Hosting is at the Customer's own risk, and Netwave Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Netwave Hosting expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
  7. The customer agrees to make use of Netwave Hosting servers primarily for the purpose of hosting a website, and associated email functions. Servers are shared with other customers, and as such IRC-related activities or severely CPU intensive CGI scripts (e.g. chat scripts, scripts which have bugs causing them to not close properly after being run) are not encouraged. IRC bots and bouncers (BNC) specifically may not be run on any Netwave Hosting server, and if your processes are adversely affecting server performance disproportionately Netwave Hosting reserves the right to negotiate additional charges with the Customer and/or the discontinuation of the offending processes.
  8. Netwave Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Netwave Hosting may, at its option and at any time, reject this material, including but not limited to after it has been put on Netwave Hosting's Server. Netwave Hosting agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Netwave Hosting. If the Customer fails to modify the material, as directed by Netwave Hosting, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
  9. All domain names registered through Netwave Hosting that are 'parked' or are otherwise not immediately associated with a Netwave Hosting hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via Netwave Hosting.com. The Coming Soon web page may be modified at any time by Netwave Hosting without prior notice to you and may include such things as, without limitation, links to additional products and services offered by Netwave Hosting.

TRADEMARKS & COPYRIGHTS

  1. Customer warrants that it has the right to use the applicable trademarks, if any.

HARDWARE, EQUIPMENT, & SOFTWARE

  1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Netwave Hosting.
  2. Netwave Hosting makes no representations, warranties or assurances that the Customer's equipment will be compatible with the Netwave Hosting service.

AGE

  1. The Customer certifies that he or she is at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

INTERNET ETIQUETTE

  1. Electronic forums such as mail distribution lists and Usenet news groups all have expectations regarding subject area and appropriate etiquette for posting. Users of these forums should be considerate of the expectations and sensitivities of others on the network when posting material for electronic distribution. The network resources of Netwave Hosting may not be used to impersonate another person or misrepresent authorization to act on behalf of others or Netwave Hosting. All messages transmitted via Netwave Hosting should correctly identify the sender; users may not alter the attribution of origin in electronic mail messages or posting.
  2. Users must not attempt to undermine the security or integrity of computing systems or networks and must not attempt to gain unauthorized access. This includes (but is not limited to) such things as port scanning of either Netwave Hosting or external computers and Denial Of Service attacks of any kind.

TERMINATION

  1. This contract may be terminated by either party, without cause, by giving the other party 30 days written notice. Netwave Hosting will accept termination by electronic mail. Notwithstanding the above, Netwave Hosting may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Netwave Hosting reserves the right to charge a reinstatement fee.

LIMITED LIABILITY

  1. Customer expressly agrees that use of Netwave Hosting's Server is at Customer's sole risk. Neither Netwave Hosting, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Netwave Hosting's Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Netwave Hosting Server service, unless otherwise expressly stated in this contract.
  2. Under no circumstances, including negligence, shall Netwave Hosting, its offices, agents or any one else involved in creating, producing or distributing Netwave Hosting's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use the Netwave Hosting Server service; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Netwave Hosting's records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content on Netwave Hosting's Server service.
  3. Notwithstanding the above, Customer's exclusive remedies for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, shall not exceed the aggregate amount which Customer paid during the term of this contract and any reasonable legal fee and court costs.

LAWFUL PURPOSE

  1. Customer may only use Netwave Hosting's Server for lawful purpose. Transmission of any material in violation of any Country, Federal, State or Local regulation is prohibited. To this effect, child pornography is strictly prohibited as well as housing any copyrighted information on Netwave Hosting's Server for the purpose of illegal distribution or infringement.
  2. Customer agrees to not have any content on their site that advocates, sells or in any way makes available tools or methods to send unsolicited e-mail or usenet postings (spam), or to use Netwave Hosting's Servers for relaying unsolicited e-mail or usenet postings, or to use unsolicited e-mail or usenet postings to advertise for their site hosted at Netwave Hosting. Any complaint we receive about a violation of this or the preceding two points will be taken very seriously and will result in immediate account cancellation without a refund.

INDEMNIFICATION

  1. Customer agrees that it shall defend, indemnify, save and hold Netwave Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Netwave Hosting, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Netwave Hosting against Liabilities arising out of:
    • Any injury to person or property caused by any products sold or otherwise distributed in connection with Netwave Hosting's Server
    • Any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party.
    • Copyright infringement.
    • Any defective product which Customer sold on Netwave Hosting Server.

CONTRACT REVISIONS

Revisions to this Contract will be applicable to previous Contracts.

Revisions will be considered agreed to by the Customer on renewal of service as specified in Section - Financial Arrangements.

TRANSFER

Customer may not transfer this contract without the written consent of Netwave Hosting.

CONTRACT

These terms and conditions constitute the entire contract and understanding of the parties.