W8TER, LLC. Terms of Service
DISCLAIMER:
W8TER, LLC. is not a privacy organization. We are an Internet Software service
provider who concerns itself with security to your software users and
recipients. While our services may provide you with anonymity, if you use our
software services for illegal activities, our entire privacy policy does not
apply.
The following Terms of Service is
our adopted acceptable use policy. It specifies the actions prohibited by
W8TER, LLC to its users. W8TER, LLC reserves the right to modify the Policy at
any time, effective upon posting of the modified Policy to this URL: http://w8ter.com/terms_of_use.html
SECTION 1- CONDUCT & USE OF NETWORK
Illegal Use
W8TER,
LLC. Internet software services may be used only for lawful purposes. Transmission,
distribution or storage of any material in violation of any applicable law or
regulation is prohibited. This includes, without limitation, material protected
by copyright, trademark, trade secret or other intellectual property right used
without proper authorization, and material that is defamatory, constitutes an
illegal threat, or violates export control laws.
Criminal Illegal Use
W8TER, LLC will investigate incidents involving criminal violations and may
involve and will cooperate with law enforcement, if a criminal (not civil)
violation is suspected. Examples of criminal Illegal use include, without
limitation, the following: Identity Theft, Phishing,
Child Pornography or anything else that is covered by State or Federal laws.
Limited Privacy for Some Civil 'So
Called' Illegal Use
Civil matters are handled on a case by case basis. W8TER, LLC customers and
recipients must abide by the net-wide accepted rules of Internet conduct
(Netiquette). W8TER LLC also realizes there will be from time to time some gray
areas in which we will need to make a decision to release you as a client, or
to provide some kind of special service configuration for you. An example of
this would be using a proxy server to collect web information. While this is
not against any
System and Network Security
Violations of system or network security are prohibited, and may result in
criminal and civil liability. Examples of system or network security violations
include, without limitation, the following:
Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Email Spam
Sending unsolicited mail messages, including, without limitation, commercial
advertising and informational announcements, is explicitly prohibited. A user
shall not use another site's mail server to relay mail without the express
permission of the site.
You can not use these or any other of our services for any kind of bulk mailing
(SPAM). Your account will be terminated and W8TER LLC will turn over your
personal information on request. If it was found that a bulk mailing was sent
out from you and your account with us and your account was terminated for this
reason, your information would be provided to the person or organization
requesting it from the
SPAM is defined as any unwanted and unsolicited transmission of data through
email and Usenet newsgroups. It includes but is not limited to:
Advertisements for goods and services
Chain letters and multi level marketing
Off topic postings to mailing lists or newsgroups
Any message sent to more than 5 newsgroups or 3 list servers
U.S Federal Law
108th Congress: http://spamlaws.com/federal/108s877.shtml
For the European Union and Other countries http://spamlaws.com/
SECTION 2-
ACCOUNTS & BILLING
Transferability
A W8TER, LLC account or login does not extend to any other person. A W8TER, LLC
account or login is non-transferable. Login names and passwords are not to be
shared with other parties.
Multiplicity of Use
No more than the amount of purchased connections or logins can be used at any
one time for each account. If, at any time, more than the purchased connections
or logins of an account is found, the account will be fire-walled immediately
for network stability reasons.
Extent of Use
An "unlimited" access account is termed as a private machine on our
network, with private ip addresses and bandwidth.
These accounts come with a 24/7 dedicated connection. Normal proxy accounts and
other services do not come with unlimited use.
All other services should have a human sitting at the computer. The use of bots
and automated programs are forbidden unless this type of service is purchased.
For more information please contact our sales office.
Payment
E-mail billing is available as is paper billing if the total monthly invoice is
$400 or greater.
Non-Payment
Accounts 10 days overdue are subject to termination without further notice.
Terminated accounts having a balance due will be sent to a collection agency.
Indemnity
The customer agrees to indemnify W8TER, LLC against liability for any and all use of the customer’s account.
This includes but is not limited to listed wait times, any inaccuracies or misleadings of posted wait times.
W8TER is held harmless for any resulting damages from the customer’s account which may occur due to any such
inaccuracies or misleadings. Wait Time is individually derived and calculated by each individual customer location.
W8TER, its affiliates and/or subsidiaries do not control the posted estimated wait times or calculations as they are
manually input and updated by each individual customer location.
General
W8TER, LLC reserves the right to refuse service to any person or company
suspected of violating or which potentially may violate any of the above
policies.
Comments and Questions
If you have any questions, comments or concerns about our Terms of Service, you may contact us by clicking on the link below
legal@w8ter.com
Patent Pending Copyright© 2008 W8TER, LLC. All Rights Reserved