As a provider of Internet access, web site hosting, and other Internet-related services, Wave Business offers its customers (also known as subscribers), and their customers and users, the means to acquire and disseminate a wealth of public, private, commercial, and non-commercial information. Wave Business respects that the Internet provides a forum for free and open discussion and dissemination of information, however, when there are competing interests at issue, Wave Business reserves the right to take certain preventative or corrective actions. In order to protect these competing interests, Wave Business has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing Wave Business' services. This AUP will be revised from time to time. A customer's use of Wave Business' services after changes to the AUP are posted on Wave Business' web site will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes.
One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use the Internet, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Wave Business cannot monitor, verify, warrant, or vouch for the accuracy and quality of the information that subscribers may acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet is sexually explicit or otherwise offensive. Because Wave Business cannot monitor or censor the Internet, and will not attempt to do so, Wave Business cannot accept any responsibility for injury to its subscribers that results from inaccurate, unsuitable, offensive, or illegal Internet communications.
When subscribers disseminate information through the Internet, they also must keep in mind that Wave Business does not review, edit, censor, or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation, and other harmful speech. Also, because the information they create is carried over Wave Business' network and may reach a large number of people, including both subscribers and nonsubscribers of Wave Business, subscribers' postings to the Internet may affect other subscribers and may harm Wave Business' goodwill, business reputation, and operations. For these reasons, subscribers violate Wave Business policy and the service agreement when they, their customers, affiliates, or subsidiaries engage in the following prohibited activities:
As we have pointed out, the responsibility for avoiding the harmful activities just described rests primarily with the subscriber. Wave Business will not, as an ordinary practice, monitor the communications of its subscribers to ensure that they comply with Wave Business policy or applicable law. When Wave Business becomes aware of harmful activities, however, it may take any action to stop the harmful activity, including but not limited to, removing information, shutting down a web site, implementing screening software designed to block offending transmissions, denying access to the Internet, or take any other action it deems appropriate.
Wave Business also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching Wave Business' facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. Wave Business does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. Wave Business has the right to directly take action against a customer of a subscriber. Also, Wave Business may take action against the Wave Business subscriber because of activities of a customer of the subscriber, even though the action may effect other customers of the subscriber. Similarly, Wave Business anticipates that subscribers who offer Internet services will cooperate with Wave Business in any corrective or preventive action that Wave Business deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Wave Business policy.
Wave Business also is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Wave Business urges its subscribers to assume that all of their on-line communications are insecure. Wave Business cannot take any responsibility for the security of information transmitted over Wave Business' facilities.
Wave Business will not intentionally monitor private electronic mail messages sent or received by its subscribers unless required to do so by law, governmental authority, or when public safety is at stake. Wave Business may, however, monitor its service electronically to determine that its facilities are operating satisfactorily. Also, Wave Business may disclose information, including but not limited to, information concerning a subscriber, a transmission made using our network, or a web site, in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, or governmental request. Wave Business assumes no obligation to inform the subscriber that subscriber information has been provided and in some cases may be prohibited by law from giving such notice. Finally, Wave Business may disclose subscriber information or information transmitted over its network where necessary to protect Wave Business and others from harm, or where such disclosure is necessary to the proper operation of the system.
Wave Business expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Wave Business policy. Finally, Wave Business wishes to emphasize that in signing the service agreement, subscribers indemnify Wave Business for any violation of the service agreement, law, or Wave Business policy, that results in loss to Wave Business or the bringing of any claim against Wave Business by any third-party. This means that if Wave Business is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Wave Business, plus costs and reasonable attorneys' fees. Furthermore, Wave Business may charge (at its option) a customer $1000 per abuse complaint received. Customers who are disconnected due to abuse complaints may be required to make a deposit to cover future abuse complaints. Wave Business reserves the right to hold customer equipment until all charges for abuse complaints are paid in full.
If a customer orders power from Wave Business in connection with colocation space, the power circuits will be designated as either .Primary. or .Redundant. and measured by the breakered capacity of each circuit ordered in kilowatts (kW). Power circuits designated as Redundant must be paired with a Primary circuit of equal capacity. Primary Power Breakered Capacity. is defined as the aggregate total of a Primary power circuit and its corresponding Redundant Power circuit. The customer must ensure that: (a) its aggregate use/consumption of Primary and Redundant power never exceeds the Primary Power Breakered Capacity; (b) the load connected to, and the draw on, any and all circuits is in compliance with the National Electrical Code (and all other laws and insurance requirements); and (c) the load connected to any circuit, or the draw on any circuit, never exceeds 80% of the circuit.s breakered capacity. Wave Business may, periodically and at its sole discretion, audit a customer.s circuits and use of power and may enter the colocation space to do so. Customers agree to reasonably cooperate with Wave Business in connection with any such audit. If Wave Business discovers that a customer has violated the Primary Power Breakered Capacity or violated such 80% limitation on one or more circuits, Wave Business may: (x) notify the customer of the violation; (y) disconnect the circuit in violation until the violation is remedied by the customer to Wave Business' reasonable satisfaction, without limiting Wave Business' other rights and remedies; and (z) charge the customer a power overdraw charge equal to one (1) month.s recurring charge for each circuit in violation.
We hope this AUP is helpful in clarifying the obligations of Internet users, including Wave Business and its subscribers, as responsible members of the Internet. Any complaints about a subscriber's violation of this AUP should be sent to firstname.lastname@example.org.