1. This Agreement is binding for all customers top

WAV-ICS, Inc. (WAV-ICS) provides a high-speed Internet service (the "Service"). Use of the Service is subject to the rules and guidelines set out in this Agreement By signing the Agreement for the service, or by initialing a copy of this Agreement delivered at the time of contract, installation, or through the continued use the service, each customer agrees to abide by the terms of this Agreement, as may be amended by WAV-ICS from time to time, and to ensure that the use of the Service provided to such customer complies with such rules and guidelines and is as permitted by law. The customer is responsible for any activities committed by anyone with access to the Service through the customer’s account.

2. Violations of this Agreement top

Use of the Service for any activity that violates any local, provincial, federal or international law, order or regulation would be deemed by WAV-ICS to be a breach of this Agreement. Without limiting the generality of the foregoing the customer agrees not to use the Service, and further agrees not to permit or allow use of the Service, directly or indirectly, for the following purposes:

a) Reselling the Service. Reselling the Service without WAV-ICS’s expressed written authorization is not permitted. This applies to all services, which imply the reselling or re-distribution of WAV-ICS Service.

b) Illegal Use. Using the Service to transmit any material (by email, uploading posting or otherwise) that intentionally or unintentionally, violates any applicable local, provincial, national, or international law, or any rules or regulations promulgated hereunder.

c) Harm to minors. Using the Service to harm or attempt to harm minors in any way.

d) Threats. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property).

e) Harassment. Using the Service to transmit any material (by email, uploading, posting, or otherwise) that harasses another.

f) Fraudulent activity. Using the 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."

g) Forgery or impersonation. Adding, removing, or modifying identifying network header information n an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous re-mailers or nicknames does not constitute impersonation. Using deliberately misleading headers ("munging" headers) in news postings in order to avoid spam email address collectors is allowed.

h) Unsolicited commercial email/Unsolicited bulk email. Using the Service to transmit any unsolicited commercial email or unsolicited bulk email ("spam"), or otherwise violating the rules of Internet Etiquette ("netiquette") is prohibited.

i) Unauthorized access. Using the Service to access, or to attempt to access, the accounts of others or to penetrate or attempt to penetrate security measures of WAV-ICS or another entity’s computer software or hardware electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.

j) Copyright or trademark infringement. Using the Service to transmit any material (by email, 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 software.

k) Collection of personal data. Using the Service to collect, or attempt to collect, personal information about third parties without their knowledge or consent.

l) Network disruptions and unfriendly activity. Using the Service for any activity, which adversely affects the ability of other people or systems to use WAV-ICS's 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 network services or network equipment is prohibited. It is the customer's responsibility to ensure that their network is configured in a secure manner. A customer may not, through action or in inaction, allow others to use their network for illegal or inappropriate actions. A customer may not permit their network, through action on 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.

m) Access to Equipment. WAV-ICS reserves the right to access all of WAV-ICS's equipment for maintenance and other related technical issues at anytime.

n) Illegal or Unauthorized Access to Other Computers or Networks. Accessing illegally or without authorization computers accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that might be used as a precursor to an attempted system penetration (i.e. port scan, stealth scan, or other information gathering activity).

o) Distribution of Internet Viruses, Worms, Trojan Horses, or Other Destructive Activities. Distrusting information regarding the creation of, and sending, Internet viruses, worms, RC bots IRC flooding, IRC clones, Trojan horses pinging flooding mail bombing or denial of service attacks. Also activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service, or equipment.

p) Facilitating a Violation of this Agreement. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this Agreement, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks, and piracy of software.

q) Other Activities. Engaging in activities, whether lawful or unlawful, that WAV-ICS determines to be harmful to its subscribers, operations, reputation, goodwill, or customer relations.

3. Right to Monitor top

WAV-ICS shall operate the Service properly, to protect itself and its customers, and for this purpose, each customer acknowledges and agrees that WAV-ICS has the right (but not the obligation) to monitor the Service content and the use of the Service by each customer and has the further right to disclose any information as necessary to satisfy any law, regulation, or other governmental requirement. WAV-ICS may refuse to post, and may remove, any information or materials, in whole or in part, that in its sole discretion it considers unacceptable, undesirable or in violation of this Agreement.

4. Content top

WAV-ICS assumes no responsibility for Internet content available through the Service. The customer assumes all risk when accessing content through the Service. Customers are responsible for restricting access to and monitoring use of the Service by others where appropriate and for purchasing filtering software if necessary.

5. Termination top

If WAV-ICS determines, in its sole discretion, that any use of the Service is in breach of this Agreement, it may take any action it deems appropriate in response to such activity including:

a) The immediate suspension or termination of the Service to the customer involved; and

b) Any other legal or technical action WAV-ICS considers necessary.

Early termination of contract whether it be "Voluntary Termination" or for "Breach of contract" client will remain responsible for the remanding balance of their contract.

6. No Waiver top

The failure of WAV-ICS to enforce the rules and guidelines set out in this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any later time.

7. Consistent With Applicable Law top

If any term or provision of this Agreement is held to be invalid or unenforceable, that term or provision shall be interpreted and enforced in any way that is consistent with applicable law as nearly as possible, and the remaining terms and provisions shall remain in full force and effect.

8. Limited Warranty top

a) WAV-ICS does not warrant uninterrupted use or operation of its equipment or the service.

b) WAV-ICS does not warrant that any data or files sent to or by the customer will be transmitted in uncorrupted form or within a reasonable period of time, or that other users will be unable to gain access to the customer's system(s).

c) WAV-ICS does not warrant the performance of the Internet or access thereto or to the facilities of other persons or entities.

d) WAV-ICS does not warrant that customers will not be exposed to or affected by computer viruses.

9. General Provisions top

This Agreement may not be assigned or transferred by any customer. The customer initialing this Agreement acknowledges that he/she has read and fully understands all of the terms and conditions of this Agreement and undertakes to abide by said terms and conditions.

10. Amendment top

WAV-ICS may revise this "Service Agreement" without notice by posting a revised version on the WAV-ICS website at www.wav-ics.com. WAV-ICS will also send a memo along with your monthly invoice to inform you of any changes made, along with the most recent copy of the "Service Agreement". Customers shall consult this revised version to ensure that their usage conforms to the most recent version. Continued use of the Service after posting of such revised version shall be deemed to be acceptance by a customer of any such revision. If a customer does not agree to such revision, that customer must immediately stop using the Service and notify WAV-ICS that said customer is terminating this Agreement.

11. Performance Guarantee top

WAV-ICS’s Wireless network is guaranteed to be available and capable of forwarding IP packets 99.999% of the time, as averaged over a calendar month. WAV-ICS considers service successfully provisioned if the maximum bandwidth throughput is equal to or greater than 80% of the ordered service speed, as averaged over a calendar month. If WAV-ICS fails to meet the above requirements, and has exhausted all attempts to meet the "Performance Guarantee" the client will be able to terminate the contract with no penalty fees prior to the end of the stated commitment terms.

12. Basic Wireless (384K/128K) regulations top

Users will be limited to 2.5Gb transfer rate per month. 384K speeds may fluctuate during peak usage periods

13. Equipment policy top

All or any free equipment received by client during any part of her contract is deemed WAV-ICS’s property. All or any free equipment received by client must be returned in good working order to WAV-ICS at the end of the contract.

*Should there be any special conditions, please see "Attachment A."

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