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| All accounts and customers of EWAVEZ, are bound by the Terms of Service. |
1)
Setup Fees including, but not limited to, additional programming
are nonrefundable. |
2)
All fees are due in advance of the services provided. Failure to
pay in advance may result in termination or suspension
of services without notice. |
3)
If you cancel your service you will be refunded the prepaid fees
for any unused month, once those services are no longer being provided,
not including setup fees, if you have a contract, the terms of the
contract apply. If you cancel your service, but fail to transfer
your site(s) to another provider and continue to utilize our hosting
network you will be billed until such time that you are no longer
utilizing our services. If you wish services to cease immediately,
you must request that our services be discontinued immediately. |
4)
The use of any data or material, which Customer receives from the
service provided by EWAVEZ, is at Customer's
sole and absolute risk. EWAVEZ specifically
disclaims and denies any responsibility for the completeness, or
accuracy of quality of any and all information obtained through
the services to be provided hereby. |
5)
EWAVEZ will utilize its best efforts
to maintain acceptable performance of services, but EWAVEZ
makes absolutely no warranties whatsoever, express or implied, including
warranty of merchantability or fitness for a particular purpose.
EWAVEZ cannot guarantee continuous
service, service at any particular time, or integrity of data stored
or transmitted via its system or via the Internet. EWAVEZ
will not be liable for the inadvertent disclosure of, or corruption
or erasure of, date transmitted or received or stored on its system.
EWAVEZ shall not be liable to Customer
or any of its customers for any claims or damages which may be suffered
by Customer or its customers, including, but not limited to, losses
or damages of any and every nature, resulting from the loss of data,
inability to access Internet, or inability to transmit or receive
information, caused by, or resulting from, delays, nondeliveries,
or service interruptions whether or not caused by the fault or negligence
of EWAVEZ. |
6)
Customer agrees that it shall defend, indemnify, save and hold harmless
from any and all demands, liabilities, losses, costs, claims, including
reasonable attorney's fees, ("Liabilities") against EWAVEZ,
its agents, its customers, servants, officers, employees, that may
arise or result from any services provided, 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
EWAVEZ against Liabilities arising
out of any injury to person or property caused by any products sold
or distributed in connection with EWAVEZ's
server; and material supplied by Customer infringing or allegedly
infringing on the proprietary rights of a third party; copyright
infringement and any defective product which Customer sold on EWAVEZ's
Server. As a result of this, Customer agrees that EWAVEZ
shall not be liable to Customer for any claims of actual, compensatory
and/or consequential damages which may be suffered by Customer,
including, but not limited to, losses or damages due to the loss
data resulting from delays, non deliveries, or service interruptions
caused by the fault or negligence of EWAVEZ.
Notwithstanding the above mentioned, Customer's exclusive remedies,
damages, losses and causes of actions shall not exceed the aggregate
dollar amount which Customer paid during the term of this Agreement. |
7)
The Customer may only use EWAVEZ's
services for lawful purposes. In the event that at any given time,
EWAVEZ believes that the service is
being used by the Customer in contravention with any of the terms
and provisions contained in this Agreement, EWAVEZ
has the right to immediately discontinue such service to Customer
without liability other than to refund any unearned prepaid service
fees. The following are restrictive uses and shall be cause for
the immediate termination of web services and this Agreement without
notice to the Customer: |
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a.
Unauthorized distribution or copying copyrighted software, violation
of US export restrictions, embarrassment, fraud, trafficking in
obscene material, drug dealing, and other illegal activities; |
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b.
Unsolicited advertising via email and/or "Spamming" is a violation
of Law and is otherwise a violation of this agreement. Such prohibited
conduct subjects Customer to immediate cessation of service as provided herein and the termination of this agreement without notice. EWAVEZ reserves the right to report such illegal activities to any and all regulatory, administrative and/or governmental authorities for appropriate prosecution. In addition, EWAVEZ will charge Rupees One Hundred (Rs.100) per email recipient for any such activity; |
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c.
Using a non-existing email return address on a commercial solicitation,
spamming (sending unsolicited advertising to numerous email addresses
or newsgroups and/or generating a significantly higher volume of
outgoing email than a normal user), trolling (posting outrageous
messages to generate numerous responses, mail bombing (sending multiple
messages without significant new content to the same user), subscribing
someone else to a mailing list without that person's permission,
cross-posting articles to an excessive number of newsgroups, or
attempting without authorization to enter into a secured computer
system. EWAVEZ reserves the right to
determine what is Net abuse; |
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d.
Tortuous conduct such as posting of defamatory, libelous, scandalous,
or private information about a person without their consent, intentionally
inflicting emotional distress, or violating trademarks, copyright,
or other intellectual property rights; |
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e.
The Customer expressly understands
and agrees that illegal Adult oriented Websites featuring nudity
and acts of a sexual nature are expressly prohibited. EWAVEZ
reserves the right to immediately terminate and remove any such
unauthorized Websites without notice and discontinue service to
Customer without notice or liability for actual, compensatory or
consequential damages to Customer for the interruption in service. |
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f.
MUDDS, Listservers or any other Internet application that are not
Website specific, are specifically prohibited. |
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Disclaimer
: |
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EWAVEZ
will not be responsible for any damages your business may suffer.
EWAVEZ makes no warranties of any kind,
expressed or implied for services we provide. EWAVEZ
disclaims any warranty or merchantability or fitness for a particular
purpose. The includes loss of data resulting from delays, non-deliveries,
wrong delivery, and any and all service interruptions caused by
EWAVEZ and its employees. The services
provided by EWAVEZ are provided AS-IS
and without any warranty expressed or implied. EWAVEZ
reserves the right to revise its policies at any time. |
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