EastWave.com supports the uncensored flow of information and ideas over the Internet medium and does not actively monitor subscriber activity under normal circumstances. Moreover, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroup, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove, or block access to any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this Terms Of Use.

EastWave.com may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this Terms Of Use may result in the suspension or immediate termination of your EastWave.com account or contract WITHOUT PRIOR NOTICE.

EastWave.com stresses the following points:

• Ensure reliable service to our customers
• Ensure security and privacy of our systems and network, as well as the networks and systems of others
• Comply with existing laws
• Maintain our reputation as a responsible service provider
• Encourage responsible use of the Internet and discourage activities which reduce the usability and value of Internet services
• Preserve the value of Internet resources as a conduit for free expression and exchange of information
• Preserve the privacy and security of individual users

Unacceptable activities:

• Spamming (sending unsolicited e-mail to those with which the customer has no existing relationship). We have a ZERO TOLERANCE spam policy.
• Sending bulk e-mail from a shared webserver.
• Relaying bulk e-mail through the EastWave.com mail servers
• Hosting of spam resources. These include and are not limited to; literature promoting spamming, tools or resources for spamming, linking to spamming resources.
• Posting off-topic advertising in newsgroups/Usenet
• Spoofing (using a return e-mail address which is not the valid reply address of the sender or sending an e-mail message which does not contain enough information to enable the recipient to identify the party who is really sending the message)
• Passive spamming EastWave.com by spamming from some other source
• Trolling (posting controversial messages in newsgroups to generate responses)
• Mail bombing (inundating a user with e-mail without any serious intent to correspond)
• Subscribing someone else to an electronic mailing list without that person's permission.
• Distribution of mass e-mailing programs is also prohibited. All recipients on a mailing list must have personally subscribed through a 'confirmed opt-in process^*'.
  • Mailing lists may not be used to distribute unsolicited e-mail.
  • Any customer repeatedly "mail bombed" or that attracts such behavior will be asked to leave.

A message is considered unsolicited if it is posted in violation of a newsgroup charter or sent to a recipient who has not requested the message. Making an e-mail address available to the public does not constitute a request to receive messages.

When EastWave.com becomes aware of an alleged violation of its Terms Of Use, EastWave.com will initiate an investigation (within 24-48 hours). During the investigation EastWave.com may restrict Customer's access in order to prevent further possible unauthorized activity. If the Customer is found in violation of our SPAM policy or Terms Of Use, EastWave.com Inc. may, at its sole discretion, restrict, suspend, or terminate Customer's account and/or pursue other civil remedies. Also, EastWave.com reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. If such violation is a criminal offense, EastWave.com will notify the appropriate law enforcement department of such violation.

EastWave.com does not issue service credits for any outages incurred through service disablement resulting from Policy violations, or outages incurred during investigations of possible violations.

The Customer shall be held liable for any and all costs incurred by EastWave.com as a result of the customer's violation of these terms and conditions. This is including, but is not limited to, attorney fees and costs resulting from Postmaster responses to complaints from and the cleanup of unsolicited mailings and/or unauthorized bulk mailings and/or news server violations. First violations will result in a Cleanup Fee of $100 per complaint and the customers account will be reviewed for possible immediate termination.

A second violation will result in Cleanup Fee of $200 per complaint and immediate termination of the customers account.

A 'Complaint' can be defined as follows:

• An e-mail complaint sent directly to EastWave.com.
• An e-mail complaint sent directly to an upstream provider or carrier
• A 'SpamCop' listing
• A SPEWS listing
• An SBL listing
• An OpenRBL listing
• A listing on any e-mail 'block list ' which may result in the interruption of service to the EastWave.com network

The following constitute violations of this Terms Of Use:

Illegal use:

EastWave.com's services may not be used for illegal purposes, or in support of illegal activities. EastWave.com reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing.

Spamming or sending unsolicited E-mail:

See "Unsolicited E-mail / SPAM" above.

Harm to minors:

Use of the EastWave.com's services to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Violations of the Child Protection Act may be reported to the U.S. Customs Agency at 1-800-BEALERT

Threats:

Use of the EastWave.com's services for transmitting any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.

Harassment:

Use of the EastWave.com's services to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another.

Fraudulent activity:

Use of EastWave.com service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters."

Hacking/Cracking:

EastWave.com reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. The following examples of unacceptable behavior are non-exclusive, and are provided for guidance purposes. If you are unsure if your actions will be a violation of our policies please contact abuse@EastWave.com.

Server broadcast messages or any message sent on an intrusive basis to any directly or indirectly attached network. Attempt to circumvent any user authentication or security of host, network, or account. Accessing data not intended for user. Probing the security of any network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, webbots, forging router information, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, smurfs, winnuke, land, teardrop. Promulgation of viruses. IRC bots such as eggdrop or BitchX. Any activity, whether or not the intrusion results in the corruption or loss of data, will be investigated and proper action taken. The presence of any of these programs, whether or not run, will result in action against the user including suspension or termination.

Copyright or trademark infringement:
Use of the EastWave.com service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.

Copyright Infringement - Software Piracy Policy
The EastWave.com network may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights.
Making unauthorized copies of software is a violation of the law, no matter how many copies you are making. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. If caught with pirated software, you or your company may be liable under both civil and criminal law, and you may be fined up to $250,000 and/or receive up to 5 years in jail.

Network disruptions and unfriendly activity:
Use of the EastWave.com service for any activity which affects the ability of other people or systems to use EastWave.com Services or the Internet. This includes "denial of service" (DoS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. It is the Member's responsibility to ensure that their network is configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their network for illegal or inappropriate actions. A Subscriber may not permit their network, through action or inaction, to be configured in such a way that gives a third party the capability to use their network in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. EastWave.com will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data.

Fraud:
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Infringement of Copyright, Patent, or Trademark:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Distribution of Viruses:
Intentional distributions of software that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account / contract.

Inappropriate Use of Software:
Use of software or any device that would facilitate a continued connection, i.e. pinging, while using EastWave.com's services could result in a suspension service.

Third Party Accountability:
EastWave.com subscribers will be held responsible and accountable for any activity by third parties, using their systems / services that violate guidelines created within the Terms Of Use.

Security
You are responsible for any misuse of services provided to you, even if a friend, family member, guest or employee committed the inappropriate activity. Therefore, you must take steps to ensure that others do not gain unauthorized access to your services. In addition, you may not use services provided to you in order to breach security of another system/network.

Terms Of Use Amendments and Changes
EastWave.com reserves the right to revise, amend, or modify this Terms Of Use, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).

Limitation of Liability
EastWave.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EastWave.com's servers or network going off-line or being unavailable for any reason whatsoever. Further, EastWave.com shall not be responsible for any claimed damages, including incidental or consequential damages due to the failure of client systems. All damages shall be limited to the immediate termination of service. EastWave.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. EastWave.com reserves the right to terminate an account at any time and for any reason that causes harm to any EastWave.com or its customers. EastWave.com reserves the right to withhold any pre-paid funds for any systems or services removed for violations of these policies. EastWave.com reserves the right to refuse, cancel, or suspend service at our sole discretion. EastWave.com reserves the right to change the Terms Of Use without prior notice or warning. Non-enforcement of any part of the Terms Of Use does not constitute consent.

Time Frame of completion
EastWave.com and the client must work together in a timely manner, to avoid missed deadlines. The client must supply EastWave.com with any specific text, graphics, or other specific items for inclusion in a timely manner for any projected deadlines to be met.

Content
EastWave.com places no restriction on the content of the websites that we create. The responsibility solely lies on the client that the content of their website is legal and within the boundaries of EastWave.com's hosting policies.

Non-Payments
In the event of the client delaying payment, EastWave.com reserves the right to suspend any or all services, until payment is received in full. Non-Payment of Hosting services will result in termination of hosting services. EastWave.com is not responsible for any parts of the website lost due to this termination.

Copyright
All material created by EastWave.com is placed into ownership of the customer when the site in question has been paid for in FULL. If a customer ceases payment before a website project is completed, all materials created for the project remain solely owned by EastWave.com.

The Client will obtain all the necessary permissions and authorities in respect of the use of all copy, graphic images, registered company logos, names and trademarks or any other material supplied by client. The client represents to EastWave.com and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to EastWave.com for inclusion in web pages are owned by the client, or that The client has permission from the rightful owner to use each of these elements. And will hold harmless, protect, and defend EastWave.com and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Credit on Web site
EastWave.com reserves the right to add a small text link to the bottom of the homepage of any website that we develop.

Site Review
EastWave.com will provide the client with an opportunity to review the appearance and content of materials once they are scripted. Such scripted materials will be deemed to be accepted and approved unless the client notifies EastWave.com otherwise within 10 business days of the date EastWave.com sends such scripted materials to customer via email, fax, mail, courier or World Wide Web address. Additionally, EastWave.com may submit individual pages for approval during the course of web site creation. While these pages may not be entirely completed, they will serve for the client to approve the layout, text, and/or graphics.

If the client wishes to make excessive changes in text, or any change in graphics or layout whatsoever once pages are completed and approved, EastWave.com reserves the right to charge the client additionally.

Web Site Alterations
EastWave.com can not accept responsibility for any alterations caused by third parties occurring to the client pages once placed. Such alterations include, but are not limited to additions, modifications, deletions, stolen content or stolen domain name.

Data Backup
While EastWave.com shall use all reasonable means to ensure that backup copies of the Web Site and all Client data contained in the Web Site are made at reasonable intervals, the Client is also asked to keep a backup of such data as well. EastWave.com shall not be liable for any damages, loss, costs or other expenses arising out of or in connection with any loss of data by the Client which are due to the failure of the Client or EastWave.com to back up such data.

No Liability for Consequential Damages
Neither EastWave.com nor anyone else who has been involved in the creation, production, or delivery of the web site and/or hosting shall be liable to the client or any third party for any direct, indirect, special, consequential, or incidental damages (including but not limited to damages for the loss of profits or savings, downtime, business interruption, loss of business information, damage to or replacement of equipment and property, recovery or replacement of programs or data, or other pecuniary loss) arising out of the use, the results of use, or inability to use the web site or hosting services, even if EastWave.com has been advised of the possibility of such damages or claim. In any case, EastWave.com's entire liability under any provision of this Agreement is limited to the pro rated amount actually paid by client for the web site and/ or hosting.

Accepting Terms of Use
By entering in with a verbal or written contract for EastWave.com to develop your website, you are in effect agreeing to the terms listed above.