iFastNet LTD. Terms of Service
1. ACCEPTANCE OF TERMS
iFastNet Ltd. ("iFastNet") welcomes you.
iFastNet Ltd. provides its service to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: http://ifastnet.com/terms-of-service.php. In addition, when using particular iFastNet Ltd. owned or operated services, you and iFastNet Ltd. shall be subject to any posted guidelines or rules applicable to such services, which may be posted from time to time. All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS. iFastNet Ltd. may also offer other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
iFastNet Ltd. provides users with access to a rich collection of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for iFastNet Ltd. to provide the Service. You also understand and agree that the Service may include certain communications from iFastNet Ltd., such as service announcements, administrative messages and the iFastNet Ltd. Newsletter, and that these communications are considered part of iFastNet Ltd. membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new iFastNet Ltd. properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that iFastNet Ltd. assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to:
(a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data") and
(b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or iFastNet Ltd. has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, iFastNet Ltd. has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
iFastNet Ltd. is concerned about the safety and privacy of all its users, particularly children. Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Service areas and/or Content (as defined in Section 6 below) are appropriate for your child.
4. iFastNet Ltd. PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://ifastnet.com/privacy-policy.php. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by iFastNet Ltd. and its affiliates.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to
(a) immediately notify iFastNet Ltd. of any unauthorized use of your password or account or any other breach of security, and
(b) ensure that you exit from your account at the end of each session. iFastNet Ltd. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not iFastNet Ltd., are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. iFastNet Ltd. does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, pornographic, indecent or objectionable. Under no circumstances will iFastNet Ltd. be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, an iFastNet Ltd. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law;
- "stalk" or otherwise harass another;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include bandwidth, processor utilization and/or disk space.
BACKUPS / REQUESTING DATA BACKUP
It is the client/account holder's responsibility to maintain and keep backups of website and MySQL data. We do not provide data restores from our archives. We reserve the right to charge a fee if we are requested to create a backup on a customer's behalf.
7. TERMINATION
You agree that iFastNet Ltd. may, under certain circumstances and without prior notice, immediately terminate your account and access to the Service. Cause for such termination shall include, but not be limited to, breaches or violations of the TOS, requests by law enforcement, extended periods of inactivity, or engagement in fraudulent or illegal activities.
8. DISCLAIMER OF WARRANTIES
You expressly understand and agree that your use of the Service is at your sole risk. The Service is provided on an "AS-IS" and "AS-AVAILABLE" basis. iFastNet Ltd. expressly disclaims all warranties of any kind, whether express or implied.
9. LIMITATION OF LIABILITY
You expressly understand and agree that iFastNet Ltd. shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
10. GENERAL INFORMATION
The TOS constitute the entire agreement between you and iFastNet Ltd. and govern your use of the Service, superseding any prior agreements. The TOS and the relationship between you and iFastNet Ltd. shall be governed by the laws of the State of California without regard to its conflict of law provisions.