This agreement is between the parties FastVirtual (hereafter referred
to as "we", "us", "our"), and Customer (hereafter referred to as "you"
You agree to the terms and conditions of this User Agreement, and its
attachments and appendixes, as they may change from time-to-time, including:
- Hosting Services Acceptable Use Policy
- Domain Registration Terms
- Domain Registration Personal Data Statement
- Domain Dispute Resolution Policy
- Billing Terms
- Termination & Suspension of Services
Ownership Rights and Licenses
Customer is the owner of customer's domain name (if applicable) and
all of customer's content. FastVirtual is the owner of FastVirtual's
name. Customer grants to FastVirtual, in conjunction with customer's
only, a nonexclusive, nontransferable royalty-free, worldwide license
to reproduce, distribute, publicly display, and digitally perform the
content and the tools and work product (such as the HTML, Java applets,
CGI scripts, and ActiveX controls) for customer's web site. Customer further
grants to FastVirtual a nonexclusive, nontransferable, royalty-free, worldwide
license to use customer's domain names, trade names and other commercial
designations for purposes of creating content directories and indexes
and for marketing and promoting the web site. The licensing rights granted
in this paragraph will automatically terminate with the termination of
FastVirtual's service for customer.
Termination For Cause
Customer and FastVirtual shall each have the right to terminate this
agreement in the event of any material breach of this agreement. Notice
prior to termination may or may not be given, depending on the severity
of the violation.
Referrals Following Termination
If Customer is required to move its domain name following any termination
of this agreement, FastVirtual will, for a maximum period of 30 days upon
customer's request, maintain the web site's URL. At such URL, FastVirtual
will provide one web page (including a hypertext link) that customer may
use to direct its users to their new web site or other URL of customer's
choosing. However, FastVirtual will have no obligation to provide such
referral if FastVirtual reasonably believes customer was engaged in activities
on the web site that violate any laws.
Your account and the right to use our services, equipment, and infrastructure,
are non-transferable unless we give our consent in writing. User agrees
to protect their account password and to keep it secure from unauthorized
users. If FastVirtual discovers that the user's account is being used
improperly for any reason, FastVirtual, at its discretion, can at any
time suspend or cancel the user's account.
Changes to Service
The services that we provide are expected to change as technology changes
and systems are upgraded. We reserve the right to change any service or
feature that we offer with 10 days notice to you. This includes changes
to network access, and all system hardware and software.
You are responsible for keeping a current and complete copy of your
data in your own possession. Although we may maintain backups of your
data for disaster recovery purposes, it is ultimately your responsibility
to keep a copy of all files in your own possession.
FastVirtual Limited Warranties
FastVirtual represents that it will provide the quality and quantity
of services, as ordered by customer, and as described on the FastVirtual
Customer represents that it will not at any time post, upload, display,
or otherwise distribute any content that violates FastVirtual's
Acceptable Use Policy.
Disclaimer of Warranties
EXCEPT AS SET FORTH HEREIN, FASTVIRTUAL AND CUSTOMER EACH EXPRESSLY
DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION
OF IMPLIED WARRANTIES IN SOME CASES, SO THE ABOVE EXCLUSION MAY NOT APPLY
TO CUSTOMER. CUSTOMER MAY ALSO HAVE OTHER RIGHTS THAT MAY VARY FROM STATE
Customer and FastVirtual each agree to indemnify, defend and hold harmless
the other from and against any third party claim, action, suit, or proceeding
arising out of the inaccuracy of any respective representation stated
in paragraphs 7 and 8 above. Such indemnity shall apply to all losses,
damages, liabilities, and reasonable attorney's fees and costs incurred
by the party receiving the benefit of this paragraph.
Limitations of Liability
Subject to each party's respective indemnity obligations in section
10, in no event shall either party be liable for any special, incidental
or consequential damages, or for interrupted communications, lost data
or lost profits, arising out of or in connection with this agreement and/or
FastVirtual's services. Some states do not allow the exclusion of limitation
of liability for incidental or consequential damages, so the above limitation
or exclusion may not apply to customer. FastVirtual's liability to
for actual damages for any cause whatsoever, regardless of the form of
the action, will be strictly limited to a maximum of the total fees paid
by customer to FastVirtual.
- This Agreement will be governed by California law without giving
effect to principles of conflict of laws. Both parties agree to submit
to jurisdiction in California, and that any action brought regarding
the enforcement or interpretation of this agreement shall be filed in
San Diego County, California. The prevailing party in any action will
be entitled to reasonable attorney's fees and costs.
- If any provision of this agreement is held to be unenforceable for
any reason, the remaining provisions shall remain in full force and
- The waiver of any breach of this agreement will not operate as a
waiver of any other or subsequent breach.
- This agreement, including all appendices, constitutes the entire
understanding and agreement between FastVirtual and customer. This agreement
may only be amended in writing signed by both parties.
- The parties to this agreement are independent contractors, and no
agency, partnership, joint venture, or employer-employee relationship
is intended or created. Neither party shall have the power to obligate
or bind the other.
- Any notices required or permitted hereunder may be given by electronic
mail or fax if receipt is confirmed by the recipient, or if the notice
is also sent by first class mail. Notice will be deemed given on the
date the electronic mail is sent.
FastVirtual reserves the right to refuse service to anyone at its sole
discretion. FastVirtual may cancel specials or promotions at any time
for any reason.
FastVirtual reserves the right to reject this agreement by notifying
customer by email within 96 hours of receipt of this agreement. Customer
will receive a 100% refund if the agreement is rejected.
BY CREATING AN ACCOUNT, SUBMITTING AN APPLICATION FORM, OR SIGNING
THIS DOCUMENT, THE CUSTOMER ACKNOWLEDGES READING THIS AGREEMENT AND ENTERING
INTO A LEGAL, BINDING CONTRACT WITH FASTVIRTUAL.