Internet Acceptable Use Policy
This document defines the Acceptable Use Policy and Billing Terms and Conditions
for Internet services provided by Next-Wave Hosting. Customer is any person or business that accesses
Next-Wave Hosting in
any way and all family members, employee's, friends and or relatives that
have access to the internet and Next-Wave Hosting. This policy has been created
to ensure the integrity, security, reliability and privacy of Next-Wave Hosting’s
facilities, network and data contained within. Next-Wave Hosting retains the right
to modify this policy without prior notice.
Next-Wave Hosting’s products and services may only be used for lawful purposes,
in compliance with applicable laws, standards, policies and procedures.
The customer incurs the responsibility to determine what restrictions apply
and to review the policies and procedures that will be updated continually.
Illegal or criminal activities, including deceptive on-line marketing practices,
in violation of any applicable local, state, national or international
law or regulation are strictly prohibited. Such activities include, but
are not limited to, the storage, transmission or solicitation of material
that is threatening, legally obscene, libelous or defamatory; which belongs
to a third party and violates trade secret, patent, trademark, copyright
or intellectual property protections; or which violates export control
Customers who violate computer systems or network security may incur criminal
or civil liability. Next-Wave Hosting will cooperate fully with investigations of
violations, including cooperating with law enforcement authorities in the
investigation of suspected criminal violations.
Next-Wave Hosting does not monitor or control the content of any web site, email
message, chat room, program or other material created or accessible over
the internet. Next-Wave Hosting takes no responsibility for the content of information
and, in no way, be held responsible for material found through the use
of Next-Wave Hosting’s facilities.
The views and opinions represented on the internet through its web pages,
email messages, newsgroups, discussion groups, chat rooms, etc. are not
necessarily the views of Next-Wave Hosting or its staff.
The use, attempted use or possession of programs in order to shut down
the system, defraud other customers or gain unauthorized access to computers,
networks, file areas or system privileges is strictly prohibited. The customer
is prohibited from introducing malicious programs, such as viruses, worms
and Trojan horses, into the network and/or servers. Also, the customer
may not execute any form of network monitoring which intercepts data not
intended for the customer.
The customer assures that all information (name, address, phone number,
credit card numbers, etc.) when applying for the account is correct. The
customer agrees to update this information within 30 days if any changes
are made to the account. False data presented on the sign-up form or configuration
of account by phone are grounds for immediate termination and may by prosecuted
as governed under the laws of the State of Wisconsin.
Customer must be at least 18 years of age to subscribe to Next-Wave Hosting for
internet service. Minors who use the internet are assumed to have parental
or guardian consent to do so and are supervised by a parent or guardian.
The customer is responsible for providing any and all equipment, services,
and programs needed to access Next-Wave Hosting.
The customer agrees to pay the access fees as printed on the subscription
form, viewed on the Next-Wave Hosting home page, or quoted over the phone. Invoices
will be mailed 30 days prior to account anniversary date and payment, in
full, is due 10 days prior to account expiration date.
The billing period begins on the date that services are requested
and available for use. Account may be canceled at any time by written request
to Next-Wave Hosting and will terminate at the end of the account period. No Refunds
will be made for a partial billing period. Annual and Semi-Annual accounts cancelled
before the end of the billing period will be pro-rated to the next lover level and
Disconnection does not relieve the customer from their obligation to pay
current and past due charges. All outstanding charges and a reasonable
re-connection fee of $10 must be paid before service is reconnected. Next-Wave
will charge a service fee of $25 for all returned checks. A 1.5% per month (18% Annual) service charge will be added to all accounts 30 or more days past due. The customer
agrees to pay all costs of collection of any unpaid balances due under
the terms of this agreement, including reasonable attorney's fees and expenses.
The customer is responsible for the protection and confidentiality of their
The customer is prohibited from soliciting Next-Wave Hosting customers to become
customers of other competitive internet information services.
The attempted and/or successful disruption of Internet communications is
strictly prohibited. This includes, but is not limited to, accessing data
of which the customer is not an intended recipient, logging into a server
or account which the customer is not expressly authorized to access, and
interfering with or denying service to any user or host.
The creation and transmission of unsolicited advertising materials ("spam"),
chain letters and "pyramid schemes" is prohibited, as well as harassment
through the language, frequency or size of mail messages and Usenet news
The cancellation or superseding of posts or messages other than those originated
by the customer is prohibited.
The forging of header information in mail and Usenet news group messages
Next-Wave Hosting assumes no responsibility for commercial transactions attempted
or completed involving any of Next-Wave Hosting’s services or the third party software
and other products or services designed to enable such transactions used
by the customer. Customer's rights and obligations with respect thereto
are subject solely to any agreement(s) between the customer and such third
Next-Wave Hosting assumes no responsibility for data, encrypted or not, that is
sent to, stored on or retrieved from its servers.
Access to other networks connected to Next-Wave Hosting’s network must comply with
the rules of those networks.
Next-Wave Hosting reserves the right to terminate and cease providing Internet services
in the event that, at Next-Wave Hosting’s sole discretion, any data being hosted
or transmitted violates or may violate any applicable law, regulation,
standard, policy or procedure.
In the event that either party cancels Internet services for any reason,
both parties agree to shut down Web sites or other data storage areas in
an orderly fashion, permitting the recovery of all data owned by the respective
The customer agrees to indemnify and hold Next-Wave Hosting harmless against any
lawsuits, claims, damages or liabilities (or actions or proceedings in
respect thereof) to which Next-Wave Hosting may become subject relating to or resulting
from the use of Internet services by the customer or any indirect users
permitted access by the customer. The customer agrees to reimburse Next-Wave
for all legal and other expenses, including attorney's fees, incurred in
connection with investigating, defending or settling any such loss, claim,
damage, liability, action or proceeding whether or not in connection with
pending or threatened litigation in which Next-Wave Hosting is a party. The provisions
of this agreement relating to indemnification shall survive termination
of the customer's services.
Next-Wave Hosting will not be liable for any indirect, incidental or consequential
damages, or for any loss of profits resulting from the use of Internet
services by the customer or any third parties. This includes, without limitation,
loss of data resulting from delays, non deliveries, incorrect deliveries
or service interruptions regardless of cause.
Next-Wave Hosting provides its services as is without warranty of any kind, including
the implied warranties of merchant ability or fitness for a particular
purpose or any other implied warranties. In the event that Next-Wave Hosting provides
customers with products in conjunction with its services, such as third
party software products, Next-Wave Hosting provides those products as is without
warranty of any kind, whether expressed or implied. Next-Wave Hosting shall have
no liability for failure of any product or service it provides, whether
under theories of strict liability, product liability, negligence or otherwise.
The use of Next-Wave Hosting’s Internet products and services constitutes acceptance
of the terms and policies set forth in this document.
Should Next-Wave Hosting exercise this right, charges will be invoiced on the final
date services are provided, and will be due 30 days from the date of invoice.
Customer agrees that such termination or cessation of service will not
constitute a breach of contract or be the basis for any other claim by
the customer against Next-Wave Hosting.
For more information on Next-Wave Hosting or any of our products and services,
please write us at:
P.O. Box 491
Lake Delton, WI 53940-0491
Copyright © 2005, Next-Wave Hosting - P.O. Box 491 - Lake Delton, WI 53940