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Wavecom AS Acceptable Use Policy ("AUP")

PURPOSE AND INTRODUCTION OF AUP:

This document sets forth the principles, guidelines and requirements of the Acceptable Use Policy of WaveCom AS governing the use by the Customer ("Customer") of the WaveCom's services and products ("Services and Products"). The Purpose of the WaveCom's Acceptable Use Policy, hereinafter referred to as the AUP, is to comply with all Estonian Republic laws coupled with protecting the network security, network availability, physical security, Customer privacy, and other factors affecting the services provided by the WaveCom. WaveCom reserves the right to impose reasonable rules and regulations regarding the use of its services provided to all Customers and such rules and regulations are subject to change. Such rules and regulations are located on the Internet at http://www.wavecom.ee homepage. The AUP is not an all inclusive exhaustive list and the WaveCom reserves the right to modify the AUP at any time as needed, effective upon either the posting of the modified AUP to http://www.wavecom.ee homepage or sending notification to the Customer via email. Any violation of the AUP may result in the suspension or termination of Customer services or such other action as the WaveCom deems appropriate. No credits will be issued for any interruption in service resulting from policy violations.

THE FOLLOWING ACTIVITIES ARE EXPRESSLY PROHIBITED:

1. Spam / Email Marketing.
Email Spam: WaveCom has a zero tolerance policy on SPAM, Junk Email, or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes email with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of the WaveCom whether or not the message actually originated from our network.

Block Removal: If Customer actions have caused the WaveCom mail servers or WaveCom IP address ranges to be placed on black hole lists and other mail filtering software systems used by companies on the internet, the Customer will be assessed a €100 (Euros) charge to the Customer's account and €100EUR per hour for administrative charges incurred to remove and protect mail servers and IP ranges.

Mass Mailings: Sending mass unsolicited email is considered spam. Unsolicited email is defined as email sent to a recipient who has not double-opted in to mailings from the Customer. Senders of mass mailings must maintain complete and accurate records of all optins, including the email and its headers if applicable, and provide such records to the WaveCom upon request. If positive and verifiable proof of opt-in cannot be provided, complaints from recipients of the mailing are considered proof they did not subscribe and the mailing is unsolicited.

Mailing Lists: The WaveCom's mass mailing rules also apply to mailing lists, list services, or mailing services contracted by the Customer. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for email information using a double opt-in process or that has made their email address available to the Customer for distribution of information. The list must also allow for automatic removal by all end Customers with non-distribution in the future.

2. Hacking or perpetration of any security breach.

3. Unauthorized access to any computer or system, including intrusion into or scanning of other Wavecom AS accounts.

4. Dissemination of deliberately offensive material, including any message or information that is or may be threatening, libelous, obscene, or harassing.

5. Child pornography or any other activity harmful to minors. The use of Wavecom AS services to store, post, display, transmit, advertise or otherwise make available child pornography is prohibited. Wavecom AS is required by law, and will, notify law enforcement agencies when it becomes aware of the presence of child pornography on, or being transmitted through, its services.

6. Fraud.

7. Violations of privacy rights.

8. Intellectual property infringement, including violations of copyright, trademark, or patent rights, or use or distribution of pirated software.

9. Use of third party software without a proper license or other appropriate permission, including Microsoft software.

10. Network attacks or any unfriendly effort to interfere with service on another network or server.


11. Virus distribution or distribution of any worm or other harmful code.

12. Illegal activities of any kind.

13. Use of Internet relay chat (“IRC”). The WaveCom allows stand alone IRC servers which are not connected to global IRC networks such as Undernet, EFnet, DALnet, and other IRC networks. IRC servers that establish and maintain connections to global IRC networks, such as Undernet, EFnet, DALnet, and others, will be considered to be in violation of the Acceptable Use Policy. If IRC servers attract DoS or DDoS attacks that disrupt or deny service to other Customers, the WaveCom will null-route or suspend service to maintain quality of
service for other Customers on our network.

WaveCom reserves the right to modify or amend the IRC policy at any time.

ADULT CONTENT:

Wavecom AS allows hosting of adult content that is legal under Estonian Republic law, provided that it does not otherwise violate any of Wavecom AS policies.

RESELLER POLICY:

Resellers are responsible for the conduct of their customers, and by agreeing with this AUP, agree that their customers will adhere to the AUP. Resellers should make their perspective customers aware of the AUP and the consequences for violation. 

INVESTIGATIONS, DISRUPTIONS & SECURITY:

Wavecom AS reserves the right to disable service or terminate service and/or to remove content in order to investigate suspected violations of this AUP without first giving notice. The cost of any investigation will be charged to the Customer at €100 EUR per hour, in addition to
charges for attorneys’ fees and related expenses (if any). Wavecom AS furthermore reserves the right to disable the Customer’s service if Wavecom AS suspects that such service is the target of an attack or in any way interferes with services provided to other Customers, even
if the Customer is not at fault. Wavecom AS does not issue refunds for terminating service due to any of the causes specified above.

The Customer is responsible for the use of its service, including transfer and bandwidth, even use by unauthorized users or hackers. The Customer is responsible for maintaining security, including disaster recovery systems and backups. (The Customer is advised to maintain
backups on its own premises.)

REPORTING OF AUP VIOLATIONS:

In general, Wavecom AS requests that anyone with information about a violation of this AUP, report it by sending an email to abuse@wavecom.ee. Intellectual property infringement, including violations of copyright, trademark, or patent rights, kind of violations should be sent in writing to our corporate office. The address is: Wavecom AS, Estonia, Tallinn, Kotka 26, 11312.

Please include the info of infringing material hosted on our server (material name, domain name where its hosted or ip address) and official proof that noticed intellectual property rights belong to reporter. All Intellectual Property Infringement notices that do not follow these notification instructions set herein, will be ignored.

MONITORING & DISCLAIMERS:

Wavecom AS has no obligation to monitor its services but may do so and may disclose information regarding use of the services for any reason, including: to satisfy laws, regulations, or governmental, legal, or law-enforcement requests; to operate such service properly, or to protect itself and its customers. Wavecom AS may grant law enforcement agencies access to its equipment to monitor use of its services.

WAVECOM AS’ SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WAVECOM AS DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERRORFREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WAVECOM AS MAKES NO EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, NONINFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
NO ADVICE PROVIDED BY WAVECOM AS OR ANY OF ITS REPRESENTATIVES WILL CREATE A WARRANTY.

WAVECOM AS WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR MULTIPLE DAMAGES, EVEN IF WAVECOM AS WAS ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES. WAVECOM AS’ MAXIMUM LIABILITY ARISING OUT OF OR RELATED TO PROVISION OF ITS SERVICES WILL NOT EXCEED THE TOTAL AMOUNT OF FEES BILLED TO THE CUSTOMER DURING THE TWELVE (12) MONTHS PRECEDING THE
CLAIM.

WAVECOM AS WILL HAVE NO LIABILITY WHATSOEVER FOR ANY CLAIMS, LOSSES, ACTIONS, DAMAGES, SUITS, OR PROCEEDINGS RESULTING FROM: (i) OTHER VAULT NETWORKS CUSTOMERS OR THIRD PARTIES ACCESSING CUSTOMERS' DATA OR ASSIGNED COMPUTERS; (ii) SECURITY BREACHES; (iii) EAVESDROPPING; (iv) DENIAL OF SERVICE ATTACKS;

(v) INTERCEPTION OF TRAFFIC SENT OR RECEIVED USING WAVECOM AS’ SERVICE; (vi) CUSTOMER’S RELIANCE ON OR USE OF THE SERVICE; (vii) MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR OTHER FAILURES OF PERFORMANCE OF THE SERVICE; (viii) THE ACCURACY, COMPLETENESS, AND USEFULNESS OF THE SERVICE; OR (ix) LOSS OF DATA OR LOSS OF ACCESS TO DATA.

 

Address: Kotka 26, Tallinn 11312, EstoniaPhone: (+372) 685 0000wavecom@wavecom.ee