 |
Earthwave Terms of ServiceEarthwave is committed to providing dedicated, reliable and robust Internet services by providing options that are not necessarily offered by other Internet service providers. By subscribing to Earthwave services, you understand and agree to these terms of service and any future modifications or additions to this document.
Earthwave communicates with customers primarily via email. You agree that sending a message to your contact email address is our agreed upon means of providing notification. All Earthwave Internet services come with at least one email account. It is required that you routinely check the email account, or in the event that you have another email account that you prefer to use, make arrangements to forward your Earthwave email to your preferred account. Your Earthwave email account is used to communicate vital information about your services, billing, service outages, and enhancements or changes to your existing services. This information is time-sensitive in nature. It is required that you read any email sent to your account to avoid any potential interruptions in your service.
Earthwave is committed to respecting your privacy. Once you choose to provide personally identifiable information, it will only be used in the context of your customer relationship with Earthwave. On various Earthwave web pages you can order services, make requests, and register to receive materials or support. The types of personal information collected at these pages are name, username, contact and billing information, transaction, and credit card information. Data collected online may also be combined with information provided during ownership registration of Earthwave products and services. In order to tailor subsequent communications and continuously improve products and services, Earthwave may ask you to voluntarily provide information regarding your personal or professional interests, demographics, product experience, and contact information. Earthwave will not sell, rent, or lease your personally identifiable information to others. Unless required by law, Earthwave will only share the personal data provided with business partners who are acting on our behalf to complete the activities you requested. Such business partners are governed by Earthwave's privacy policy with respect to the use of this data. Should your personal information be required by a company not governed by Earthwave's privacy policy, your permission will be initially obtained. If you choose to share such information, the use of that data will be governed by the company's respective privacy policy. Earthwave uses your information to better understand customer needs and continuously improve the level of service provided. Specifically, your information is used to help complete a transaction, to communicate back to you, to update you on service and benefits, and to personalize Earthwave's web site. Credit card numbers are used only for payment processing and are not utilized for other purposes. From time to time, Earthwave may use your information to contact you for market research or to provide you with information thought to be of particular interest. At a minimum, you have the opportunity to opt out of receiving such direct marketing or market research contact. Where applicable, Earthwave will also follow local requirements such as allowing you to opt in before receiving an unsolicited contact. Earthwave strives to keep your personally identifiable information accurate. Every effort is made to provide you with online access to your registration data so that you may update or correct your information at any time. Earthwave is committed to ensuring the security of your information. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, appropriate procedures are in place to safeguard and secure the information collected online. Earthwave uses encryption when collecting or transferring sensitive data such as credit card information.
Bandwidth: As an ISP, Earthwave's bottom line is determined partially by the amount of bandwidth customers utilize. Earthwave can normally balance that cost and utilization while continuing to provide great service to all customers. Customers will not be charged for the bandwidth consumed, nor do we have specific limits or caps on that bandwidth. If you utilize any of your Earthwave services in a manner which consumes excessive bandwidth or affects Earthwave's core equipment, overall network performance, or other users' services, Earthwave may require that you cease or alter these activities. The resale of residential-class services is strictly prohibited. Collection of service fees from third party customers on behalf of a Earthwave residential-class service is allowed only if the primary account holder has subscribed to a service package defined by Earthwave to promote connection sharing of any type. This includes but is not limited to both wireless and wired connection sharing. Earthwave believes in the right of the individual to publish information they feel is important to the world via the Internet. Unlike many ISP's, Earthwave allows customers to run servers (web, mail, etc.) over their Internet connections, use hubs, and share networks in multiple locations. Any service that causes a disruption in the network integrity of Earthwave or its vendors, whether directly or indirectly, is strictly prohibited and could result in termination of service. This may include but is not limited to: IRC servers, adult-content servers, bots, webpages hosted on any Earthwave servers, servers connected to a Earthwave provided Internet connection, or shared networks. Earthwave reserves the right to modify or terminate services at our sole discretion.
You are ultimately responsible for any and all activity that originates from your Internet circuit regardless of your knowledge of such activity. This includes but is not limited to activity by other household members, friends and guests. This also applies to security breaches of your own system by others who launch attacks from your machine. It is absolutely imperative that everyone with an Internet connection takes proper precautions to ensure the security of their machine. You are liable and accountable for any activity originating from any of your Earthwave account services that are deemed to be in violation of our Acceptable Use Policy. Earthwave vigorously pursues all instances of abuse. If you feel you have been attacked or spammed, please notify Earthwave's Abuse Department and appropriate action can be taken. In the event of activity which could be considered deliberately or otherwise abusive or in violation of this Acceptable Use Policy, Earthwave reserves the right to suspend and/or terminate your account and all Earthwave-provided services immediately, without advanced notice. Earthwave reserves the right, at its sole discretion, to make a determination of what constitutes abuse and you agree that Earthwave's determination is final and binding on you. The following activities are considered in violation of Earthwave's Acceptable Use Policy: Intellectual Property Rights Infringement Denial of Service Hacking E-Mail Spam Newsgroup Spam Dissemination of Viruses Personnel Abuse
Protect your account by guarding your password carefully. You are responsible for all use of your account(s) and for the confidentiality of any password selected by you. Earthwave will suspend or modify your account(s) as soon as practicable after notification from you that a password has been lost, stolen or otherwise compromised. You must notify Earthwave immediately if you believe your account may be compromised.
In the event that Earthwave's pricing increases, your price will remain at the price set at the time of sale or billing agreements for 12 months following your Activation Date. Additionally, if your account is invoiced quarterly, semi-annually or annually, you will be permitted to receive your set package price until the end of the current payment period. This does not include new orders under the same name and/or location or new orders associated with a service relocation, nor orders for service changes that may be required if the desired service is not available due to technical or other reasons. Price changes for different packages at the same speeds, technologies, and throughput level are not included; one-time charges, applicable state and federal taxes, and promotional pricing are excluded. This guarantee only applies to the recurring broadband service package charges.
Billing will commence on your Activation Date (i.e. The day our vendor declares your circuit installed, inbound switch completed, or your Dialup, Rainmail, Domain Hosting, or other service account created.) You will be financially responsible for all service time thereafter unless Earthwave is notified within a timely manner of an outstanding issue which Earthwave deems to justify service credit. All additions to your existing service package are recognized as non-refundable regardless of usage. Business-class Bill Accounts will mailed a monthly paper invoice or emailed a cross-platform compatible invoice file free of charge unless alternative billing arrangements have been made. Upon request residential-class Bill Accounts will be invoiced solely via email unless a physical paper invoice is requested for an additional charge per invoice. Earthwave charges for its service continuously regardless of whether or not you are using it due to the fact we continue to maintain your connection, reserve IP space, accept mail and keep files you have saved in your account on our servers. This is also true of accounts that are Frozen (denied access) due to non-payment. Should you opt to terminate your Earthwave service(s), you must contact us via telephone or email us via the email account on record with Earthwave. All disconnection requests will be processed on the date the request is received and billing is discontinued before the next billing cycle. This applies to both total account and single service terminations. Broadband services are also subject to our Disconnection Policy.
Bill Accounts will be invoiced 30 days prior to the start of each regular monthly service period. Exceptions may include the initial or final invoice for a particular service. Payment is due prior to the beginning of the service period billed, as indicated by the invoice's Due Date. All payments will be applied to the oldest unpaid invoice in relation to your account's bill cycle. For example, if your Bill Account's Invoice Date is the 15th of the month and payment remains past due until the 28th, Accounts Receivable will apply your payment back to the previous month, forwarding your Due Date for current charges to the 15th of the following month. You will need to make another payment before the 15th to keep your account from becoming past due again. If a payment in any form is recovered or otherwise not paid by your financial institution, there will be a Returned Payment Fee. Residential-class Bill Accounts are automatically setup for credit card autorenewal by default, using the credit card information provided during the order process. To update your credit card information, switch contact Earthwave's billing department. Earthwave reserves the right to charge the credit card on file if your check payment is cancelled, fails to process through the Automated Clearing House (ACH), or if your account, regardless of Autorenew status, remains past due. Earthwave reserves the right to terminate Residential-class Bill Accounts that remain past due for over 20 days, and Business-class Bill Accounts that remain past due for over 30 days at its final discretion. Upon termination, services on the account will be discontinued and all files will be removed from our servers without further notice. Any applicable Disconnection Fees will be applied and due at that time. If you wish to reinstate service with Earthwave, you will be required to pay all outstanding charges from the inception of your service continuously to the current month, which is always paid in advance. If your account is permanently deleted, your username may be reassigned. If you wish to reinstate your account, you will be subject to any and all installation and setup charges in effect at the time of order placement, as well as any pertinent outstanding charges from your former account.
Earthwave is not liable for any costs, expenses, losses, or damages, either general, special, actual, consequential, or incidental, that you may suffer or that some other person may suffer and claim against you resulting from the following: use, misuse, or service outage; customer premise hardware; your actions or activities, whether legal or illegal; the actions or activities of any other Earthwave customer, whether legal or illegal; or any other goods or services provided by Earthwave or any of its vendors. In no event shall Earthwave be liable to you under this Agreement or in relation to any matters in any way connected with this Agreement in an amount that exceeds the service fees you have paid in the preceding year. The technical support that Earthwave provides is limited to the connectivity itself and assistance with configuring your computer and/or browser and email applications to work with our services. Support for other applications and uses is not provided or implied unless it is a specifically contracted service.
Earthwave has the right to terminate your service at its sole discretion, as determined by Earthwave's Moderations of Use and Acceptable Use Policy. Customers within an active service term that are terminated due to violation of Earthwave's Moderations of Use or Acceptable Use Policy will be assessed a standard Disconnection Fee. All customers terminated for this reason are liable for any and all outstanding funds due to Earthwave at the time of service termination, including but not limited to rendered service, hardware and installation fees.
Earthwave is committed to providing quality Internet services. However, Earthwave is not ultimately responsible for the quality of your personal computer or any modifications you make to any equipment we supply. We are committed to solving your problems but we are not responsible for failings in individual Operating Systems and custom configuration of Operating Systems, Operating System components, software, network hardware, or inside wiring. Although Earthwave wishes to provide an equitable solution to every customer, we reserve final rights in providing service and final discretion in all decisions.
Earthwave requires all broadband installations and inbound switches to commit to an initial service term at least twelve months in length. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. Service terms are required to offset associated costs of service acquisition, and for Earthwave to maintain innovative broadband policies and service features for a sustained period of time. Your initial service term begins once our vendor declares your circuit as up and running on Earthwave's network, referred to as your Installation or Activation Date. In the event of a service move (if you move and have the service installed at the new location), a new initial service term will begin again from the date of activation at the new location. Additionally, in the event of a switch from another ISP to Earthwave, the initial service term will begin from the date that the ISP switch is completed. Requests to have your circuit switched to an alternate service provider at anytime during an active service term with a specific order will be subject to an Outbound Switch Fee to cover Earthwave's provisioning expenses.
Installation Procedure Policy: Earthwave is not responsible for loss of income or time due to an order not being completed within the time frame desired, service outages, missed CLEC or ILEC appointments, and/or Trouble Ticket dispatches. Should a new order be placed for line-sharing DSL on a voice line with existing DSL service, a vendor may find it necessary to migrate that service in order to complete your installation. This may occur without warning during the course of your order. You are ultimately responsible for identifying this prior to initial order placement as well as handling any outstanding contractual obligations with your former DSL provider. For most installation and/or truck roll dates, an individual over the age of 18 must be present to grant access into the home, garage, apartment building, basement, phone closet, etc. so the technician can complete his or her work. In the event that there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Earthwave at least 2 business days in advance, there will be a Missed Appointment Fee. Similarly, a No Access Fee will be charged if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others. If Inside Wiring is pre-authorized during order placement, you are in turn financially responsible for any and all applicable Inside Wiring Fees. If you choose not to pre-authorize Inside Wiring work, and it is determined that additional wiring is needed to complete your installation, it is your responsibility to ensure the necessary wiring is completed by yourself or a third party vendor. The Installation technician will supply your CPE (Customer Premise Equipment), and service will be considered Activated once the line from the Central Office to your phone box is verified as running. The maximum number of phone line filters recommended on any line sharing order is three. Additional phone lines/filters may interfere with the quality of your DSL service.
Regardless of account type, there is a maximum allotment of 10 IPs for all bridged circuits. In order to exceed the 10 IP maximum allotment, you must have a routed connection. Residential Packages The number of static IPs varies from package to package. Additional IPs can be purchased with a maximum allotment of 10 for bridged services. "Basic" RADSL packages, or any package expressly marketed as including one Dynamic IP are an exception to this rule, as they are limited to one IP only. At this time, Earthwave may choose to assign a static IP to these services, as some CPEs cannot be configured to use dynamic IPs without specific software. Testing of various software applications for future use is being looked into, and Earthwave reserves the right to switch a static IP to dynamic at any time. Business Packages Most Business class packages are set up using Network Address Translation (NAT). IPs are assigned as needed, and up to 8 are available at no extra charge. Routed IPs are available in blocks of 8, 16, 32, 64, etc. Additional IP fees are billed for the entire block; e.g. if you have a block of 32 and need 5 more IPs, you will need to purchase a 64 block for a monthly charge, per IP beyond 32. Three IPs in any block are used for the router, etc., and are not usable for computers on your local network. Bridged Business class packages are limited to 10 IPs. It is imperative that you use the IPs assigned to you. Earthwave retains the right to perform random IP swipes beginning 2 weeks after your date of activation and, if necessary, reduce the number of unused IPs assigned to a service. In addition, Earthwave reserves the right to re-allocate or re-assign IP addresses as necessary at our sole discretion. If your IP needs exceed the default number in your current package, please visit the Customer Support section of (http://www.earthwave.net/), and submit a request.
Service Guarantee: All Earthwave-provided customer premise equipment is pre-configured for the service ordered. Earthwave technicians know your equipment, and can make any changes needed after your service is installed. Support for the hardware configuration comes with the service; customer modifications that make the hardware inaccessible remotely to Earthwave technicians will result in billable configuration/repair by Earthwave and/or CLEC technicians. If you provide your own equipment, arrangements must be made during order placement. Earthwave cannot guarantee your hardware's compatibility with our services or our ability to support it. If a technician visit is required to reconfigure pre-owned or non-Earthwave provided hardware, an additional charge may be involved. If you require the password to access your router, Earthwave provides no warranty on the hardware configuration and is no longer responsible for the repair or reconfiguration of the router.
A Change of Service Fee is applied to any requested changes to your existing service package within a service term. This includes but is not limited to downgrades, upgrades, and package switching. At this time, Change Of Service fees will be waived for requested upgrades to your existing service package, vendor recommended downgrades, requests made prior to the commencement of any ILEC work following order placement, and package switch or downgrade requests made outside of a service term. An upgrade is defined as an increase in speed and/or package price. A downgrade is defined as a decrease in speed and/or package price, (i.e. SDSL to RADSL, PLUS to BASIC). A package switch is defined as a change from one package suite to another of the same price but variegated features.
It is the responsibility of the account holder to notify Earthwave of cancellation via phone or via your email on file with Earthwave. We will contact you to verify your decision. Returning hardware, completion of service term, or cessation of payment does not constitute notification of cancellation. PRIOR TO ACTIVATION - Cancellations within 72 hours of order placement will not be subject to penalty. Requested cancellations after 72 hours from initial order placement will be subject to a Processing Fee. If your order has not been installed after 60 calendar days, you may cancel without penalty. There are no associated penalties for orders canceled by Earthwave or its vendors due to technical limitations. FOLLOWING ACTIVATION - Earthwave offers a 15-day Trial Period for ADSL products. If you feel that you must cancel within 15 calendar days of your Activation Date you may do so without being subject to a Disconnection Fee. Any outstanding Monthly Service, Installation, Missed Appointment, No Access, Internal Wiring, or Promotional Fees will apply. If your DSL or T1 service is disconnected or terminated after 15 calendar days from your Activation Date and prior to end of your initial service term, or at anytime during an extended service term with that specific order, you will incur a Disconnection Fee. Should you opt to terminate your service with Earthwave following any applicable Trial Period, disconnection will be processed on the day on which the request is made. Upon termination, a final invoice will be generated, which will include any credits or refunds for complete service billing periods paid in advance and any outstanding Installation, Missed Appointment, No Access, Internal Wiring Promotional or Disconnection Fees, if applicable. If you move or disconnect a specific circuit during an active service term and reorder Earthwave broadband service within 30 days, Earthwave will credit the charged Disconnection Fee to your account upon notification of Activation. The Disconnection Fee will not be refunded if the new installation is unsuccessful, or the line is cancelled within the 15 day Trial Period. Disconnected orders are not eligible for rebate reimbursement. DSL or T1 equipment (CPEs) that have received a vendor and/or Earthwave rebate will not be reimbursed. DSL or T1 CPEs that have not received a rebate will be reimbursed if the circuit was disconnected during the 15 day Trial Period, and postmarked for return via the United Parcel Service (UPS) within 15 days of your Activation Date. Equipment must be in its original packaging and with its original contents. This includes all Ethernet/power cables, power supplies, manuals, and discs that may have been provided with your specific CPE.
Dialup connection numbers and methods are subject to change or replacement at any time. Earthwave reserves the right to direct those with dialup service to specific numbers, or restrict the use of others. You are responsible for any long distance charges associated with the use of your Earthwave dialup. Your Earthwave dialup service is restricted to one simultaneous connection per unique Earthwave username. Dialup services must remain in an active state without the aid of an automatic connection refreshing program/device for the duration of the session. Unlimited service does not provide a dedicated connection, and Earthwave's standard dialup package includes 150 hours of connectivity per month. We reserve the right to disconnect, suspend, cap, or change connection requirements based on the abuse or misuse of your dialup connection. Dialup service does not come with an uptime or connection throughput service guarantee.
Your Earthwave Account Management team is guaranteed to provide a twenty-four hour response time for modifications to your service's configuration, and a four hour response time for VPN related outages following phone notification. A VPN related outage is defined as the inability to ping a private IP while retaining the ability to ping the public gateway. Credits for VPN service outages will be prorated based on the time between initial outage notification and restoration of VPN service. Earthwave requires all VPN customers to commit to an initial 12-month concurrent service term. Service terms may be extended for additional monthly increments due to specific offerings or promotional terms. A service term is required to offset costs of service acquisition. The initial term begins once VPN service (as defined during order placement) is up and running, referred to as your Installation or Activation Date. If your VPN service is disconnected or terminated at any time following your Activation Date and prior to the end of an active service term, you will incur a Disconnection Fee. Should Earthwave's Dedicated Business Account Management Team fail to meet set response time guarantees more than two times within a calendar month, you may disconnect service without penalty.
CHARGES ARE SUBJECT TO CHANGE AT Earthwave'S SOLE DISCRETION. Please reference Earthwave's Terms of Service for full description of charges. $99 Change of Service Fee is applied to any customer-initiated downgrades or inter-suite package switches for broadband services following the commencement of any ILEC work on an order and prior to the fullfillment of a service term. This fee is currently waived for requested upgrades to your existing service package, vendor recommended downgrades, requests made prior to the commencement of any ILEC work following order placement, and package switch requests following fulfillment of a service term on a specific order. An upgrade is defined as an increase in package price. A downgrade is defined as a decrease in package price. A package switch is defined as a change from one package suite to another of the same price but variegated features. Disconnection Fees: Dispatch Time is charged per vendor discretion for time spent on site during a dispatch. Covad technician charges are $20 per whole or partial 15 minutes. Earthwave technician charges vary depending on support request type. Inside Wiring Fee of $150 for the initial hour, $88 per hour there after. $199 Line Conditioning Fee where applicable on IDSL, ADSL, and 192 SDSL services provided through New Edge Networks. $150 Missed Appointment Fee if there is no one present over the age of 18 at the scheduled time of the technician visit, and notification was not provided to Earthwave at least 2 business days in advance. $150 No Access Fee if a technician is denied access to the phone closet (NID or Dmarc) due to a locked facility, or by the actions of others. $225 Outbound Switch Fee for all requests to have your broadband circuit switched to an alternate service provider at any time during the first year of service with a specific order. $49 Processing Fee applied for all requested cancellations after 72 hours from initial order placement. $49 Retrieval Fee applied for all requests of data retrieval from Earthwave's servers. $25 Returned Payment Fee if a payment in any form is recovered or otherwise not paid by your financial institution. $199 Technician Dispatch Fee if a vendor technician dispatch is necessary to repair any non-Earthwave/non-vendor initiated changes to the on-site equipment or wiring that renders that device inoperable or unreachable by Earthwave remotely, hardware reconfigurations, or hardware repairs not covered under warranty. Additional repairs may be billed per vendor discretion.
|