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High Speed Wireless Residential Internet Terms and Conditions of Use

  1. SWave.Net makes no warranties expressed or implied, including warranties of fitness for a particular purpose or merchantability. SWave.Net or other legal authorities may determine inappropriate usage of this account, and account privileges may be revoked at SWave.Net’s discretion. SWave.Net prohibits personal account holders to share ID names and passwords with non-account holders. Personal accounts are for personal use only. Should any of these instances occur your account may be disabled without prior notification. SWave.Net makes no representation or warranty that any software or content installed on a client’s computer(s) or downloaded from the Internet does not contain a virus or other harmful feature and it is the client’s sole responsibility to take appropriate precautions to protect any computer or other hardware of the client from damage to its software, files or data as a result of any such virus or other harmful feature. SWave.Net is not required to provide its clients with any assistance in removal of the virus. The client acknowledges that he/she may incur additional charges for any service call made or required on account of any problem related to a virus or other harmful feature detected on the client’s system. The SWave.Net service is an open network service which requires the client to install a firewall in order to protect the client’s computer from hacking or other manipulation. SWAVE.NET SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY DAMAGE TO OR LOSS OR DESTRUCTION OF ANY HARDWARE, SOFTWARE, FILES OR DATA RESULTING FROM ANY HACKING, VIRUS OR OTHER HARMFUL FEATURE OR FROM ANY ATTEMPT TO REMOVE IT
  2. Under no circumstance and under no legal theory (including without limitation tort, contract, and otherwise), shall Swave.Net have any liability to the client or to any person or entity for (i) any direct, indirect, incidental, special, treble, punitive, exemplary or consequential losses or damages, including without limitation loss of profits, loss of earnings, loss of business opportunities and personal injuries (including death), resulting directly or indirectly out of, or otherwise arising in connection with, the INSTALLATION, MAINTENANCE, FAILURE, REMOVAL OR USE OF THE SWAVE.NET EQUIPMENT OR SERVICE or the client’s reliance on or use of the SWave.Net equipment or the service, including without limitation any mistakes, omissions, interruptions, computer or other hardware or software failure or malfunction, deletion or corruption of files, work stoppage, errors, defects, delays in operation, delays in transmission, or failure of performance of the SWave.Net equipment or the service.
  3. SWave.Net will provide the client with either static or dynamic IP connection(s) as a component of its service. The client will not alter, modify, or tamper with such static or dynamic IP connection(s) or those of any other client. The client agrees not to use a static or dynamic DNS to associate a host name with such static or dynamic IP connection(s) for any commercial purpose. If applicable, SWave.Net will take back the static or dynamic IP connection(s) upon disconnection, discontinuance, or termination of the Service or this Agreement.
  4. Some sites on the Internet charge fees for access, require membership, or sell products and services. These fees are independent of SWave.Net services and are conducted on a transactional basis between the subscriber and the vendor.
  5. The Internet provides access to all types of information, including materials that may not be suitable for all family members. By the nature of the Internet, individuals must actively seek to access posted information, and SWave.Net assumes no responsibility and is under no obligation to restrict or screen materials that may be accessible to its clients.
  6. Clients may cancel their accounts at any time by a written request, via e-mail, or by regular mail. In the event of such a termination, any applicable fees and charges will accrue through the date of termination. All prepaid monthly service fees for service not received will not be refunded. Clients canceling a yearly contract within the first nine (9) months shall incur a cancellation fee of $150 to cover SWave.Net’s cost in removing its equipment. Clients canceling their accounts who do not return SWave.Net’s equipment within 15 days of cancellation shall be charged $600 for the cost of the equipment.
  7. SWave.Net clients are required to sign an automated payment agreement for either monthly credit card charges or ACH bank account debits. These clients will be charged the appropriate monthly fee in advance on or about the 30th day of each month.
  8. If credit is denied by the authorizing bank, or payment is not made within the time period specified above, service will be discontinued until the credit or payment is received. A penalty of $15 will be charged on all transactions returned for insufficient funds. Interest of 1.5% per month (18% per annum) will be charged on all past due amounts. SWave.Net reserves the right to cancel delinquent accounts, or accounts in violation of our acceptable use policy, without notice. Canceled accounts may be subject to a reactivation fee of $60.00.
  9. SWave.Net makes no claims concerning the security of its computer network and the data stored on it. Normal, reasonable precautions are taken to ensure the privacy, safety, and integrity of all data, but SWave.Net will not be held responsible for damage to data stored on its computers or transmitted across its network. Also, SWave.Net will not be held responsible for damage incurred, either real or intangible, by its clients or by anyone storing data or transmitting data using SWave.Net computers or data lines. All risk is assumed by the client and the client hereby absolves SWave.Net of any responsibility and liability.
  10. SWave.Net will cooperate fully with any law enforcement authority in investigating any alleged illegal activity involving either SWave.Net’s clients or computer networks and equipment. The client is responsible for full knowledge of all laws applicable to the Internet, the use of computer networks, and communications in general.
  11. SWave.Net reserves the right to increase rates and modify agreements upon 30 days notice. Terms and conditions reflect the entire agreement of parties and supersede all previous oral and written agreements and understandings of the parties. These terms and conditions shall be governed and interpreted in accordance with the laws of the State of West Virginia.
  12. The client authorizes SWave.Net and its employees, agents, contractors, and representatives to enter his/her premises at which the service will be accessed in order to install, maintain, inspect, repair and remove the SWave.Net’s equipment and the service, and any equipment used in connection with the service. All such access will occur at a time agreed to with the client. The client warrants that he/she is the owner of, or a tenant in, the premises, and that he/she has the authority to enter into this Agreement. If the client is not the owner of the premises, upon request, the client will supply SWave.Net with the owner’s name and address, evidence that the client is authorized to grant access to the premises on the owner’s behalf and (if requested by SWave.Net) written consent from the owner of the premises.
  13. All equipment supplied by SWave.Net as shown on the installation receipt (’WORK ORDER’) will at all times remain the property of SWave.Net. The client acknowledges that SWave.Net is merely a means through which the service is provided by SWave.Net and may be removed or changed by SWave.Net at its discretion as it deems appropriate, including through ’downloads’ to the client’s computer(s) or otherwise. The client agrees not to use the SWave.Net equipment for any purpose other than to use the service pursuant to this Agreement. The client shall not sell, transfer, lease, encumber or assign all or part of the SWave.Net equipment to any third party. The client will not relocate the SWave.Net equipment. Upon receipt of a request by the client, SWave.Net may, at an additional charge, relocate the SWave.Net equipment within the premises at a time agreed to with the client. If the client changes residences, the client will contact SWave.Net for additional information concerning the possibility, costs and procedures for transferring the SWave.Net equipment and service to the client’s new residence. The client shall pay to SWave.Net the full manufacturer’s suggested retail price for the replacement of any lost, stolen, unreturned, damaged, sold, transferred, leased, encumbered or assigned SWave.Net equipment or part thereof, together with any incidental costs incurred by SWave.Net relating to the replacement of the SWave.Net equipment or part thereof.
  14. The client represents that the client is 18 years or older, owns his/her equipment or otherwise has the right to use such equipment in connection with the service. SWave.Net shall have no obligation to provide, maintain or service the client’s equipment. The current minimum technical and other requirements for the client’s equipment (including without limitation required computer hardware) in connection with the service are posted on the service. Such minimum requirements may be revised by SWave.Net from time to time. If the client proceeds with the installation of or uses the service utilizing his/her equipment that does not meet the minimum requirements (a ’Non-Recommended Configuration’), the client agrees that (i) he/she will not be entitled to customer support relating to any issues other than the quality of the signal delivered to the wireless modem, and (ii) the following limitation of liability shall apply: SWAVE.NET DOES NOT WARRANT THAT A NON-RECOMMENDED CONFIGURATION WILL ENABLE THE CLIENT TO SUCCESSFULLY INSTALL, ACCESS, OPERATE, OR USE THE SERVICE. CUSTOMER ACKNOWLEDGES THAT ANY SUCH INSTALLATION, ACCESS, OPERATION OR USE COULD CAUSE DAMAGE TO THE CLIENT’S EQUIPMENT, INCLUDING WITHOUT LIMITATION THE CLIENT’S COMPUTER, PERIPHERALS, SOFTWARE OR DATA. SWAVE.NET SHALL NOT HAVE ANY LIABILITY WHATSOEVER FOR ANY SUCH FAILURE OR DAMAGE. The foregoing limitation of liability is in addition to and shall not limit any other limitation of liability set forth in this Agreement.
  15. The client acknowledges that use of the service does not give the client any ownership or other rights in any Internet/on-line addresses provided to the client, including but not limited to Internet Protocol (’IP’) addresses, e-mail addresses and web addresses. SWave.Net may modify or change such addresses at any time and shall in no way be required to compensate the client for such changes.
  16. SWave.Net does not claim any ownership of any material that a client publishes, transmits or distributes using the service. By using the service to publish, transmit or distribute material or content, the client (i) is warranting that the material or content complies with the provisions of this Agreement, (ii) is authorizing SWave.Net, its agents and affiliates to reproduce, publish, distribute, and display such content worldwide and (iii) is warranting that the client has the right to provide such authorization. Customer acknowledges that material posted or transmitted using the service may be copied, republished or distributed by third parties, and the client agrees to indemnify, defend and hold harmless SWave.Net, its agents and affiliates for any harm resulting from such actions.
  17. The client’s privacy interests, including the client’s ability to limit disclosure of certain information to third-parties, are safeguarded by, among other laws, the Electronic Communications Privacy Act. The client’s rights under SWave.Net’s privacy practices are described in the Privacy Notice which SWave.Net delivered to the client at the time of the original installation of the service, and will deliver to Customer annually as long as the client is receiving the service. The client hereby acknowledges receipt of the Privacy Notice.