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.The
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.
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
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.
The WaveCom reserves the right to modify or amend the IRC policy at any time.
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
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 email@example.com.
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
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
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
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.