These are the Terms and Conditions.
Note: All users are bound by these Terms of Service.
FastGate.net. ("FastGate.net") agrees to provide you ("User") with
those services ("Service") set forth on the Application subject to
User's compliance with the terms and conditions below.
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING THE SERVICE.
BY ACCESSING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND
CONDITIONS BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND
CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE.
Cancellation Policy
If after signing up for the service the User has connectivity
problems from the moment of activation that cannot be resolved by
FastGate.net or our network technicians, then FastGate.net will
provide the User a full refund. Connectivity problems include constant
busy signals, authentication issues and overall POP performance that
cannot be rectified by FastGate.net. This only applies during the
initial turn up of an account. (Defined as the first ten (10) days).
If the User decides to terminate the service with FastGate.net after
the first ten (10) days and they have purchased a Quarterly,
Semi-Annual or Annual account, then the User's account will be
assessed a .00 termination fee and converted to month to month service
for billing purposes. The remaining difference will then be refunded.
Monthly accounts cancelled after the first ten (10) days will not be
credited any refund for cancellation. Cancellation within the initial
10 grace period for reasons other than connectivity issues, or failure
on end users part to allow FastGate.net adequate opportunity to
correct connectivity issues may result in a charge of one (1) months
normal billable service to end users account.
Account Conversion
If User wants to convert an established month to month service
account that is in good standing with FastGate.net to a pre paid
Quarterly, Semi-Annual or Annual service account, the User must
contact FastGate.net before the end of the calendar month in which the
User established service. The monthly fee the User has already paid
will then be applied towards the annual subscription cost and the
account will then be treated as if it were an annual account from its
initial activation.
Limitation of Dial-Up Services
Access Restrictions
Unlimited Access Networks:
FastGate.net presents these services to its users as ATTENDED USE
UNLIMITED ACCESS connectivity. It should be noted that these services
are not intended for CONTINUOUS USAGE by the User. These services are
not intended to be used as a DEDICATED CONNECTION for the User. These
services are intended for periodic, active use of email, newsgroups,
file transfers, Internet chat, Instant Messaging, On line gaming, and
browsing the World Wide Web. The user may stay connected so long as
they are actively using that connection for the above purposes. The
user may not use the service on a standby or inactive basis in order
to maintain a connection. Pinging is expressly prohibited. Any user
who abuses the connectivity of the service as described herein may
have, at FastGate.net's discretion, his account disabled and or
terminated.
Limited Access Networks:
All networks listed on the FastGate.net website as having defined
monthly hourly limitations can be utilized at the users discretion so
long as no other Terms of Service have been violated. User
acknowledges that by choosing a network with defined monthly limits
that when the time has been exhausted, no further internet access will
be allowed until the beginning of the next calendar month.
Idle Timeout
User agrees that their online session may be automatically
terminated after ten (10) minutes of consecutive inactivity.
Inactivity is defined as less than 520 bytes of data transferred
between User's modem and the FastGate.net service.
Maximum Single Session
User agrees that their online session may be automatically
terminated after four (4) hours of consecutive time, regardless of
data transferred during such specific online session.
Minimum Re-Connect Limit
User understands they may not be able log back onto the
FastGate.net system for a time period of one (1) minute following the
termination of their previous online session, regardless of the reason
for the previous session's termination.
Multiple, Concurrent Online Sessions
User agrees to maintain no more than one (1) concurrent online
session for each PPP/ISDN account purchased. Violation of this policy
may result in account suspension and or termination.
Warranty Disclaimer
THE FOREGOING WARRANTIES SET FORTH ARE EXCLUSIVE AND NO OTHER
WARRANTY IS EXPRESSED OR IMPLIED.
FastGate.net exercises no control whatsoever over the content of
the information passing through FastGate.net's system. Use of any
information obtained via FastGate.net is at User's risk. Neither
FastGate.net nor any of its affiliates, its licensers, its contractors
or their respective employees warrant that the Service will be
uninterrupted or error free; nor does FastGate.net make any warranty
as to the results from use of the Service.
THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF TITLE, NONINFRINGEMENT, IMPLIED
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR
ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO
ADVICE OR INFORMATION GIVEN BY FastGate.net, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES SHALL CREATE
A WARRANTY. NEITHER FastGate.net NOR ITS AFFILIATES, ITS LICENSERS,
ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES WARRANTS THAT THE
SERVICE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION,
SOFTWARE OR OTHER MATERIAL ACCESSIBLE ON THE SERVICE IS FREE OF
VIRUSES, CANCELBOTS, WORMS, TROJAN HORSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL FastGate.net, ITS AFFILIATES, ITS
LICENSERS, ITS CONTRACTORS OR THEIR RESPECTIVE EMPLOYEES BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL
DAMAGES THAT RESULT IN ANY WAY FROM USER'S USE OF OR INABILITY TO USE
THE SERVICE OR TO ACCESS THE INTERNET OR ANY PART THEREOF, OR USER'S
RELIANCE ON OR USE OF INFORMATION, SERVICES OR MERCHANDISE PROVIDED ON
OR THROUGH THE SERVICE, OR THAT RESULT FROM MISTAKES, OMISSIONS,
INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION
OR TRANSMISSION, ANY FAILURE OF PERFORMANCE, COMPUTER VIRUS,
COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED
ACCESS TO ALTERATION OF OR USE OF USER'S ACCOUNT, WHETHER FOR BREACH
OF CONTRACT, NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN THE
EVENT FastGate.net IS FOUND LIABLE UNDER ANY CIRCUMSTANCE UNDER THE
TERMS OF THIS AGREEMENT, FastGate.net's LIABILITY SHALL BE LIMITED TO
THE UNUSED BALANCE OF USER'S SUBSCRIPTION PAYMENT PRO-RATED TO REFLECT
THE CURRENT TERM.
If User is dissatisfied with the Service or with any terms,
conditions, rules, policies, guidelines or practices of FastGate.net
in operating the Service, User's sole and exclusive remedy is to
discontinue using the Service.
Indemnification
Notwithstanding anything to the contrary herein contained, User
agrees to indemnify and hold FastGate.net, its affiliates, its
licensers, its contractors or their respective employees harmless
against any and all liability, loss, claim, judgment, damage and
expense including without limitation attorney's fees and cost of
litigation) incurred or suffered by FastGate.net, its licensers, its
affiliates, its contractors, or their respective employees as the
result of any and all use of User's account whether authorized or not
authorized or as a result of the negligence, willful misconduct, or
breach of any of the terms of this Agreement by User, including but
not limited to claims, liabilities, losses, damage, judgment and
expense which arise out of alleged injury or death of any person or
damage to property of every kind and description. User shall promptly
notify FastGate.net in writing of any claim of which it is obligated
under this indemnity. User shall have the right to assume the defense
of any such claim. User and FastGate.net shall confer as to and agree
on the legal counsel(s) to be selected in any such defense.
Age Limit
User represents to FastGate.net that he or she is 18 years of age
or older. User understands that certain materials available from
Service provided under the terms of this Agreement may not be suitable
for individuals under the age of 18.
Sexually Explicit Materials
User understands that the Internet contains unedited materials some
of which are sexually explicit or may be offensive. User accesses such
materials at his or her own risk. FastGate.net has no control over and
accepts no responsibility whatsoever for such materials.
Port 25 Restrictions
User understands that port 25 is restricted for all outgoing mail
servers. User must send mail through our mail server(s) when connected
to the network.
Prohibited Uses
User may not:
restrict or inhibit any other user from using and enjoying the
Internet; post or transmit any unlawful,
threatening, abusive, libelous, defamatory, obscene, pornographic,
profane, or otherwise objectionable information of any kind, including
without limitation any transmissions constituting or encouraging
conduct that would constitute a criminal offense, give rise to civil
liability, or otherwise violate any local, state, national or
international law, including without limitation the U.S. export
control laws and regulations; post on
webspace provided any sexually explicit materials or materials that
may be offensive. post or transmit any
information or software which contains a virus, cancelbot, trojan
horse, worm or other harmful component;
post, publish, transmit, reproduce, distribute or in any way exploit
any information, software or other material obtained through the
Service for commercial purposes (other than as expressly permitted by
the provider of such information, software or other material);
upload, post, publish, transmit, reproduce, or distribute in any
way, information, software or other material obtained through the
Service which is protected by copyright, or other proprietary right,
or derivative works with respect thereto, without obtaining permission
of the copyright owner or rightholder;
upload, post, publish, transmit, reproduce, transmit or distribute in
any way any component of the Service itself or derivative works with
respect thereto; send unsolicited
advertising or promotional materials to other network users (See
section titled "MESSAGING"); allow users to
run Maillist, Listserv or any form of auto-responds from User's
account; run or activate processes while
User is not logged in; violate the security
of any computer network, crack passwords or security encryption codes,
transfer or store illegal material including that deemed threatening
or obscene, or engage in any kind or illegal activity;
attempt to defeat any idle timer or system tool intended to enforce
the part-time and personal nature of User's connection, including the
use of pingbots and other methods of avoiding timing disconnection
(See section titled "LIMITATIONS OF DIAL-UP SERVICES"); or
violate any of the rules, regulations and policies of those
networks and computer systems accessed via User's account.
FastGate.net has no obligation to monitor the Service. However,
User agrees that FastGate.net has the right to monitor the Service
electronically from time to time and to disclose any information as
may be necessary to satisfy any law, regulation or other governmental
request, to operate the Service properly, or to protect itself or its
subscribers. FastGate.net will not intentionally monitor or disclose
any private E-mail message unless required by law. FastGate.net
reserves the right to refuse to post or to remove any information or
materials, in whole or in part, that, in its sole and absolute
discretion, are unacceptable, undesirable, or in violation of this
Agreement. FastGate.net reserves the right to suspend access to the
Service for User's account. The account's suspension may be rescinded
within the sole and absolute discretion of FastGate.net following
payment of a reconnection charge, to be determined by FastGate.net in
its sole and absolute discretion.
Messaging
User agrees to limit their use of the FastGate.net service,
specifically regarding the use of FastGate.net's electronic (email)
services, to the following restrictions:
Unauthorized Use of Relay Servers
User agrees that any unauthorized use of any email server located
throughout the Internet for the purposes of relaying or distributing
messages is prohibited.
Fraudulent Addressing
User agrees that the purposeful distribution of any email message
where the return address, originator's address, or any other
identifiable aspect of the message has been purposefully altered, is
prohibited. User may not purposefully misrepresent the origination
information of any email messages sent while using the FastGate.net
service.
Transmission of unsolicited email or promotional material.
Users of FastGate.net's services are restricted from using any of
our Services or Resources for the purpose of transmitting unsolicited
or promotional material including but not limited to, any material
which can be commonly referred to as SPAM. The violation of this
restriction will result in a ten dollar penalty for each email address
for which the unsolicited or promotional material was sent. All costs
associated with the collection of this fee will be the responsibility
of the violator. In addition, FastGate.net reserves the right to
prosecute the user for breach of this contract and the violating user
acknowledges they have purposefully and intentionally damaged
FastGate.net's brand and image in the marketplace. The violator agrees
to pay any and all legal costs incurred by FastGate.net associated
with each violation.
Fraudulent Content
User agrees to be held responsible for the distribution of
fraudulent materials.
VIOLATION OF ANY OF THESE TERMS WILL RESULT IN IMMEDIATE
TERMINATION OF SERVICES. FURTHERMORE, VIOLATION OF ANY OF THESE TERMS,
RELATING TO THE TERMS DESCRIBED WITHIN THIS "MESSAGING" SECTION OF
THIS DOCUMENT, WILL RESULT IN THE IMMEDIATE PENALTY OF 0. FastGate.net
RESERVES THE RIGHT TO CHARGE USER'S CREDIT CARD, IF ON FILE FOR USE IN
PAYMENT OF FastGate.net SERVICES, A ONE-TIME FEE OF 0 PER VIOLATION OF
THESE TERMS. IN THE EVENT USER PRE-PAYS FOR THEIR FastGate.net SERVICE
VIA CASH, CHECK, OR MEANS OTHER THAN CREDIT CARD, FastGate.net
RESERVES THE RIGHT TO INVOICE AND HOLD USER RESPONSIBLE FOR THE
ONE-TIME FEE OF 0 PER VIOLATION OF THESE TERMS. USER ALSO AGREES TO
THE IMMEDIATE TERMINATION OF FastGate.net SERVICES FOR VIOLATION OF
ANY OF THESE TERMS.
No Confidentiality
Information transmitted through FastGate.net and through the
Internet in general is not confidential. FastGate.net can not and
shall not guarantee privacy or protection of any User. FastGate.net
reserves the right to monitor any User's transmissions when deemed
necessary for providing proper service and/or to protect the rights
and property of FastGate.net.
Non-transferable
The right to use the Service is not transferable. Accounts are for
User's use only. User shall be responsible for the confidentiality of
User's password. Loaning User's account to others, connecting a system
used by multiple persons, group use of user log-ins, and consuming
more than one modem line are explicitly prohibited. If User has
multiple accounts, then User shall be limited to one log-in session
per system account at any time. Violation of those terms shall
constitute theft of Service and may be prosecuted under civil and
criminal law.
Purchases on the Service
If User wishes to make purchases on the Service, User may be asked
by the merchant or information or service provider from whom User is
making the purchase to supply certain information, including credit
card or other payment mechanism information. User agrees that all
information User may provide any merchant or information or service
provider on the Service for purposes of making purchases shall be
accurate, complete and current. The merchants and information and
service providers offering merchandise, information and services on
the Service set their own prices and may change prices or institute
new prices at any time. User agrees to pay all charges incurred by
users of User's account and credit card or other payment mechanism at
the prices in effect when such charges are incurred. User shall also
be responsible for paying any applicable taxes relating to purchases
on the Service.
No System Backup
FastGate.net does not and will not perform system backups on any
User's E-mail account(s). FastGate.net shall not be held responsible
for any lost E-mail data, email attachments, or any E-mail message
contents, regardless of the reasoning for data loss or system causes.
Except as otherwise set forth herein, FastGate.net will not provide
historical data, to any party for any reason, regarding any system or
Internet activity.
FastGate.net does not and will not perform system backups on any
web sites. FastGate.net shall not be held responsible for any lost web
data, web files, or any website contents, regardless of the reasoning
for data loss or system causes. Except as otherwise set forth herein,
FastGate.net will not provide historical data, to any party for any
reason, regarding any system or Internet activity.
Failure to Comply With Terms and Conditions
FastGate.net may deny User access to all or part of the Service
without notice if User engages in any conduct or activities that
FastGate.net in its sole discretion believes violates any of the terms
and conditions in this Agreement. If FastGate.net denies User access
to the Service because of such a violation, User shall not have the
right (1) to access through FastGate.net any materials stored on the
Internet, (2) to obtain any credit(s) otherwise due to User, and such
credit(s) shall be forfeited, (3) to access third party services,
merchandise or information on the Internet through FastGate.net, and
FastGate.net shall have no responsibility to notify any third-party
providers of services, merchandise or information nor any
responsibility for any consequences resulting from lack of
notification.
Billing
All monthly service accounts must have cleared payment for the
following months service deposited with FastGate.net prior to 5:00 pm
on the last business day of the current calendar month. It should be
noted that all monthly accounts are considered auto renewable at
inception and will be billed as this until such time that the user
notifies FastGate.net otherwise. Credit card customers can expect
their billing to be processed between the 15th and 25th of every month
for the following months service. Extended length contracts will be
auto renewable. Approximately 20 Days prior to account expiration the
user will be contacted by FastGate.net about notifying them of service
renewal.
Miscellaneous
User agrees to remain signed into the network only when actually
making use of same, and to disconnect when idle for significant
periods of time (more than 10 minutes). User also agrees to not remain
connected to FastGate.net's system for periods exceeding (4) four
hours, in any single continuous session. User authorizes FastGate.net
to enforce these restrictions by appropriate software and network
measures, automated and manual.
User agrees to notify FastGate.net if User moves or otherwise
changes his or her mailing address or phone number, and to list a
truthful name, postal address and telephone number on the forms User
supplies to FastGate.net.
In the event that any portion of this Agreement is held to be
unenforceable, the unenforceable portion shall be construed in
accordance with applicable law as nearly as possible to reflect the
original intentions of the parties and the remainder of the provisions
shall remain in full force and effect.
FastGate.net's failure to insist upon or enforce strict performance
of any provisions of this Agreement shall not be construed as a waiver
of any provision or right. neither the course of conduct between
parties nor trade practice shall act to modify any provision of this
Agreement.
FastGate.net may modify this Agreement from time to time by placing
a notice of such modification on our website, and User's continued use
of the Service following notice of such modification shall be deemed
to be User's acceptance of any such modification. It is User's
responsibility to check this online area regularly to determine
whether this Agreement has been modified. If User does not agree to
any modification of this Agreement, User must immediately stop using
the Service.
This Agreement shall be governed by and construed in accordance
with the laws of the of State of Arkansas without regard to its
conflicts of law provisions. Any cause of action User may have with
respect to the Service must be commenced within one (1) year after the
claim or cause of action arises or such claim or cause of action is
barred.
FastGate.net shall not be liable or deemed to be in default for any
delay or failure in performance under this Agreement or interruption
of service resulting directly or indirectly from acts of God, civil or
military authority, acts of public enemy, war, riots, civil
disturbances, insurrections, accidents, dire, explosions, earthquakes,
floods, the elements, strikes, labor disputes, shortages of suitable
parts, materials, labor or transportation or any cause beyond the
reasonable control of FastGate.net.
Venue for litigation of any dispute, controversy, or claim arising
out of, in connection with, or in relation to this Agreement, or the
breach thereof, naming FastGate.net as the defendant, shall be proper
only in a venue determined by FastGate.net.
In any action between FastGate.net and User to enforce any of the
terms of this Agreement, FastGate.net shall be entitled to recover
expenses, including reasonable attorney's fees.
This Agreement constitutes the entire agreement between User and
FastGate.net with respect to the Service.
