You must accept these terms of service in order to use our hosting service. These terms of service may be updated as needed at any time without notice. The main purpose of this agreement is to protect all users on our servers. Read these terms carefully and return here frequently.

1.) Suspension:
Violation of these terms of service will result in the immediate suspension or permanent removal of your account depending upon the circumstances. Suspension means that your account is put into a limbo state and is unreachable through any means. During suspension no files are lost or altered. NetWave reserves the right to suspend or remove your hosting account for any reason and without notice if deemed necessary to do so. Consideration for reactivation of a suspended account is not guaranteed and is based on the sole discretion of Netwave staff. Reactivated accounts are subject to a one time termination and one time reconnect service charge of $150.00 per site for each action.

2.) Scope of Service:
Admin and service support or other "how-to" services are not provided as part of the hosting package. It is the responsibility of the user to become educated in setting up and administering their account including script installs, file permissions, uploading procedures, e-mail setup etc. Support will be strictly limited to the initial setup and testing of your site and services

3.) Limitation of Liability:
You expressly understand and agree that NetWave shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if NetWave Web Hosting has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; or (v) any other matter relating to the service.

4.) Content:
All services provided by NetWave Web Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secrete and other statue. The subscriber agrees to indemnify and hold harmless NetWave Design from any claims resulting from the use of the service which damages the subscriber or any other party.

4.1) Pornography and sex-related merchandising are prohibited on any NetWave Web Hosting server. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to NetWave Web Hosting servers or any other server on the internet. Links to such materials are also prohibited.

4.2) You agree to not use the Service to:
Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.

5.) Examples of non-acceptable content or links:

• Pirated software
  
• Hackers programs or archives
  
• Warez Sites
  
• Adult Sites
  
• Illegal MP3s

NetWave Web Hosting will be the sole arbiter as to what constitutes a violation of this provision. Any websites found in violation of this policy will be cancelled and any resulting monetary damages to us will multiplied by a factor of two (2) and charged to the account holder.

7.) Outgoing e-mail (send mail):
Neither warranty or support will be provided for outgoing e-mail services due to the ability of some ISP's to hinder or even prevent this service due to filters they may have in place. It is recommended that all NetWave customers use their ISP's mail settings for all outgoing mail services.

8.) SPAM and Unsolicited Commercial E-mail (UCE): - Email or Usenet:
Spamming, or the sending of unsolicited email, from a NetWave Web Hosting server or using an email address that is maintained on a NetWave Web Hosting machine is STRICTLY prohibited. Equally, any email or usenet spam which points to any domain hosted on a NetWave Web Server will result in immediate suspension of that domain name account and a full investigation. Any form mail script running on your account is done at your own risk. Ignorance of the risks of such scripts is no defense. NetWave Web Hosting will be the sole arbiter as to what constitutes a violation of this provision.
Reports of spam are given top priority if you have arrived at this page in the course of a spam investigation and wish to report abuse send all details and headers to spam@netwavedesign.com as soon as possible.

NetWave takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail (UCE) or SPAM over our network. Very simply this means that customers of NetWave may not use or permit others to use our network to transact in UCE. Customers of NetWave may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

9.) Server abuse:
Any attempts to undermine or cause harm to a NetWave Web Hosting server or customer of NetWave Web Hosting is strictly prohibited.

10.) Damages:
If you violate these terms of service and it results in damage to our servers or causes NetWave Web Hosting any additional expense or legal fees you agree to compensate us in full for the amount of monetary damages multiplied by a factor of two (2) as determined by us.

11.) Liability:
NetWave Web Hosting is in no way responsible for down resulting from a user's actions, natural fluctuations in internet consistency or downtime due to any 3rd party services, software or intervention. NetWave Web Hosting will however, do everything within it's power to assure that each and every client site and incoming me-mail service is up as consistently as possible.

12.) Indemnity:
You agree to indemnify and hold NetWave Web Hosting, and its officers, agents or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your Content, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

13.) Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, telephone and postal contacts are used, in that order of preference.

14.) Disclaimer:
NetWave cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by NetWave are resold. Thus, certain equipment, routing, software, and programming used by NetWave are not directly owned or written by NetWave. Moreover, NetWave holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as NetWave sees fit.

15.) Account Activation:
By activating your account with NetWave, you agree to the above policies and disclaimer. Upon requesting account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

15.) Payments:
All fees fo rservices provided by Netwave Design and related staff members are due on or by the agreed dates as specified in ATTACHMENT "A" of th eservice agremenet unless otherwise stated differently in writing via, mail, fax or email

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

FURTHERMORE, NetWave retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $150.00 Cancellation fee will apply.