Service Agreement

  1. INTRODUCTION. This AGREEMENT is between Wave Technologies, Inc  and Account Holder (hereinafter referred to as "Member").  WHEREAS Wave Technologies, Inc.  provides the service including but not limited to Web Hosting and Domain Name Registration, AND WHEREAS Member desires to subscribe to this Service on the terms and conditions contained herein; THEREFORE in consideration of the mutual agreements contained in this Agreement, Wave Technologies, Inc. and Member agree as follows:

  2. THE  SERVICE. Wave Technologies, Inc.’s services include but are not limited to the following: Domain hosting, domain name registration,  web-based e-mail, and file upload (FTP). WAVE does not place banners on Members' web sites although Members may choose to do so in accordance with all regulations set out by Wave Technologies. Wave Technologies  will not charge a membership fee for the aforementioned services unless Member chooses to use optional services that are subject to a fee. Member is, however, entirely responsible for:
      
    1. All fees and for charges related to domain name registration and/or renewal; 
    2. All fees and for charges related to domain hosting;
    3. Presenting available payment upon due date for any of Wave Technologies' paid services; if account(s) has outstanding balance, Wave Technologies, Inc. reserves the right to suspend all services associated to member until amount is paid in full. Reactivation service charges will apply for accounts suspended due to account outstanding balance problems.
    4. Providing all necessary equipment and software to establish a connection to the internet and use the services offered by Wave Technologies including but not limited to a computer and modem; 
    5. Providing own access to the internet and pay for all fees associated with such access. 
    6. Maintaining back-up copies of the contents of their own site. 
       
  3. MEMBER INFORMATION. To be able to use the Service, Member must complete a proper registration process. Member agrees to:
     
    1. Provide current, complete and accurate personal information (referred to as the Registration Data) as requested by the Service; 
    2. Maintain and update this information to keep it current, complete, and accurate. 
    3. Wave Technologies does not sell or disclose any Registration Data to a third-party unless: 
      1. Member voluntarily discloses such information to another party; 
      2. Member expressly directs Wave Technologies to release such information; 
      3. Wave Technologies, Inc. is required to disclose such information by any applicable law or legal process served on Wave Technologies, Inc.
         
  4. LIMITATIONS. The Service is subject to Wave Technologies’ Acceptable Usage Policy (AUP), a copy of which is attached as Annex A.  An updated copy may also be found in the Wave Technologies’ website..
     
  5. MEMBER ACCOUNT, PASSWORD, AND SECURITY.   A password and an account are provided to Member upon completion of registration. Member is entirely responsible for:
     
    1. Maintaining confidentiality of the password and account; 
    2. All consequences of voluntary disclosure of password and account information; 
    3. Any and all activities that occur under Member's account.  Member agrees to notify Wave Technologies immediately of any unauthorized use of Member's account or any other breach of security known to Member. 
       
  6. CANCELLATION.  A 30 day notice is required to cancel your service with Wave Technologies. Member is obliged to shoulder the remaining balance of contract  if contract is terminated before its due date. All fees paid for service up to the notice of cancellation are nonrefundable.
     
  7. AMENDMENTS TO AGREEMENT.  Member agrees to be bound to the amendments and modifications of this Agreement as agreed upon mutually by Wave Technologies, Inc. and its client.  
     
  8. MODIFICATIONS TO SERVICE. Wave Technologies, Inc.  reserves all rights to modify or discontinue the Service with or without notice to Member if Member fails to  comply to agreement stated in this contract (e.g. Payments of billing or violation of AUP).  Wave Technologies, Inc.  shall not be liable to Member or any third party should Wave Technologies exercise this right.
     
  9. NO REPRESENTATIONS OR WARRANTIES.  The Service offered by Wave Technologies, Inc. is on an "as is" basis, with no representations or warranties of any kind, expressed or implied. For greater certainty and without limitation to the generality of the following:
     
    1. Wave Technologies, Inc. makes no representations, warranties or guarantees of any kind, whether written or verbal, regarding the reliability of the Site provided or any other services offered; 
    2. Wave Technologies,Inc.  is not responsible for deleted, altered, or lost data due to network or system outrages, file corruption, accidental deletion, or any other reasons;
    3. Wave Technologies, Inc. makes no representations, warranties, or guarantees with regards to server reliability, speed or consistency; 
    4. Wave Technologies, Inc.  makes no representations, warranties or guarantees as to the accuracy or correctness of any content on any of the Sites and is not responsible for any errors or omissions arising from the use of such information; 
    5. Wave Technologies, Inc. may also include, on its web resources or in newsletters, information provided by 3rd party sources and providers. Wave Technologies, Inc. does not guarantee or warrant the reliability of this information nor does it promote any of these services.
       
  10. LIMITATION OF LIABILITY. Wave Technologies, Inc. is not responsible for any failures, delays, or interruptions in the delivery of any content or services contained on the server; or losses or damages arising from the use of the content or services provided by Wave Technologies.
     
    1. In no event will Wave Technologies, Inc.  be liable to Member for any direct, indirect, incidental or consequential damages arising out of the Service or in connection with the Site or any other services or products provided to Member; 
    2. Wave Technologies, Inc. , and it's employees shall in no way be liable to Member or anyone else for any loss or injury resulting from use of the Service or the Site; 
    3. In no event shall Wave Technologies, Inc.  be held liable for any damages, whatsoever, as a result of notifying any official of potentially illegal content on the Site, providing copies of Members' web pages to the appropriate officials or cooperating with law enforcement efforts to locate persons who have posted content that is illegal or promotes illegal conduct. 
       
  11. INDEMNITY. Member agrees to indemnify and hold Wave Technologies, Inc. harmless from and against, and to reimburse Wave Technologies with respect to, any and all losses, damages, liabilities, claims, judgments, settlements, fines, costs and expenses (including reasonable related expenses, legal fees, costs of investigation) of every nature whatsoever incurred by Wave Technologies  by reason of or arising out of or in connection with any breach of this Agreement by Member; any infringement of any copyright, trademark, patent, trade secret or any other intellectual propriety right of any party by content on the Site; illegal, pornographic, or discriminatory content on the Site.
     
  12. TERMINATION.  Member agrees that Wave Technologies, Inc. may terminate this Agreement, discontinue the Service and delete the Site at any time with or without notice to Member in any of the following circumstances: 
     
    1. Member violates any term of this Agreement, any municipal, provincial or federal laws, or any Acceptable Usage Policy set out by Wave Technologies; 
    2. Member engages in conduct or posts material on the Site that Wave Technologies believes is harmful to other Members, the business of Wave Technologies itself or any third-party; 
    3. Member engages in any activity that could overwhelm the server with heavy CPU usage or that requires a disproportionate amount of the resources of the Wave Technologies’ server; 
    4. Member disputes the terms of this Agreement or any amendment set out by Wave Technologies, Inc.; 
    5. Wave Technologies, Inc. receives complaints regarding Member or the Site, from other Members or third-parties;
    6. Member provides personal information that is not current, accurate, or complete;
    7. Transfer of hosting by client to another provider;
    8. Non-payment of overdue bills.