Availability of Service
You agree and under the understanding that interruptions of Service may occur due to scheduled or emergency maintenance, updates and repair by Fastcomcorp Hosting Services, or by strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, or other causes beyond Fastcomcorp Hosting Services control, as defined by standard practices in the industry. From time-to-time, it may become necessary for Fastcomcorp Hosting Services to stop, reboot, disable, reconfigure, re-route or otherwise interrupt the Service for indeterminate and unpredictable lengths of time. You agree that under no circumstances will Fastcomcorp Hosting Services be held liable for any financial or other damages due to such interruptions. In no event shall Fastcomcorp Hosting Services be liable to you or any other person or party for any special, incidental, consequential or punitive damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income or cost of replacement services. Such failure or delay shall not constitute a default under this Agreement.
Fastcomcorp Hosting Services reserves the right to reset the password used to access a Service and (fcc) Hosting Services Account, if, in our judgment, the current password is unsecure or not current. We may also reset the password used to access a Service or (fcc) Hosting Services Account in connection with any security audit required by our data centers or any other third party with whom we contract to provide the Service.
In our sole discretion, we may limit or otherwise restrict the amount of bandwidth, disk space or storage space available to you. We may also limit or restrict the Service in adherence to any new governmental regulations or policies that may arise, either domestically or internationally.
We also reserve the right to refuse service. Notwithstanding the foregoing, we reserve the right to refuse access to the Service to anyone, at anytime, for any reason or no reason.
From time to time, it may be necessary for us to update certain software, applications and/or the Service without prior notice. An example of a needed update is an update from one version of PHP to another. The updated version may not be compatible with your Content and/or website(s), and your Content and/or website(s) may cease to function as expected following the update. In most all cases, we are unable to rollback or otherwise reverse the update. You are solely responsible for adjusting your Content and website(s) to and ensuring compatibility with the updated version and you agree that Fastcomcorp Hosting Services shall not be liable in any way for any loss or damage you or any other person or party may suffer as a result of our update to certain software, applications and/or the Service.
(a) Customer agrees to defend, indemnify and hold Fastcomcorp Hosting Services and its affiliates, directors, officers, agents and employees harmless from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Fastcomcorp Hosting Services arising from or due to any claim, action, dispute or demand made by any third parties (including customers of Customer) that are related to or arising out of your use of the Service or from your placement or transmission of any materials or Content onto Fastcomcorp Hosting Services servers. Such liabilities may include, but are not limited to: (a) false advertising claims against Customer (or customers of Customer), (b) liability claims for products or services sold by Customer (or Customer’s customers), (c) infringement or misappropriation of intellectual property rights, (d) violation of rights of publicity or privacy, defamation, libel, slander obscenity, or child pornography, (e) spamming or any other offensive or harassing or illegal conduct (including but not limited to any violation of our acceptable use policy, as set forth in this Agreement), or (f) any other damage arising from your equipment, your business, or your use of the Service.
(b) Fastcomcorp Hosting Services agrees to indemnify, defend and hold harmless Customer and its affiliates, directors, officers, agents and employees (collectively, the “Customer Group”) from and against any and all claims, obligations, losses, damages, costs, liabilities and expenses (including reasonable attorneys’ fees and costs) incurred by Customer or Customer Group arising from or due to any claim, action, dispute or demand (or any member thereof) to the extent arising from (i) any personal injury, death or physical damage to, or loss or theft of, tangible personal property caused by the gross negligence or willful misconduct of Fastcomcorp Hosting Services or its employees, agents or subcontractors, or (ii) infringement of any U.S. patent, copyright or other proprietary right resulting from Customer’s use of intellectual property solely developed or wholly owned by Fastcomcorp Hosting Services and used to provide the Service; provided, however, that, in addition to the foregoing indemnification, Fastcomcorp Hosting Services sole and exclusive liability with respect to this Section, and Customer’s sole and exclusive remedy with respect to this Section, is limited to Fastcomcorp Hosting Services making the Service non-infringing or arranging for Customer’s continued use of the Service by license or otherwise, but if either of the foregoing options are commercially impracticable for Fastcomcorp Hosting Services, in Fastcomcorp Hosting Services sole discretion, upon written notice to Customer, Fastcomcorp Hosting Services may cancel the directly affected Service, refund to Customer any prepaid fees for such cancelled Service and, if applicable, adjust Customer’s ongoing monthly fees for the continuing Service to account for such cancelled Service. Notwithstanding anything to the contrary in this Section. Fastcomcorp Hosting Services will have no indemnification obligation to Customer under this Section (b) for any infringement arising from (A) an unauthorized modification of the Service by Customer, (B) Customer’s combination of the Service with any intellectual property not developed or owned by Fastcomcorp Hosting Services if the Service would have avoided the infringement but for such combination by Customer, or (C) Customer’s failure to install updates, patches or other similar items provided by Fastcomcorp Hosting Services or the licensor of the intellectual property that is the subject of such a claim.
(a) Fastcomcorp Hosting Services shall not be liable to Customer or any other person, firm or entity for any failure of performance under this Agreement if such failure is due to any cause or causes including, but not limited to strikes, riots, vandalism, fires, inclement weather, third-party provider outages, cable cuts, power crisis shortages, acts of terrorism, and or uncontrollable acts of God, pandemics, or other similar occurrences; any law, order, regulation, direction, action or request of the United States government or of any other government (including state and local governmental agency, department, commission, court, bureau, corporation or other instrumentality of any one or more of said governments) or of any civil or military authority; national emergencies, insurrections, wars; or lockouts, or work stoppages or other labor difficulties; failures, shortages, breaches or delays.
Third Party Providers
(a) Fastcomcorp Hosting Services may subcontract the performance of certain services to third parties, and your use of the third party provided products and services shall be governed by any applicable license agreement, if any, with such third party and the third party’s terms and conditions. Fastcomcorp Hosting Services makes no representations or warranties, and shall not be liable for, the quality, availability, timeliness, accuracy or completeness (or lack thereof) of the information, products or services provided by any third party provider.
(b) Fastcomcorp Hosting Services is not the agent, trustee, representative or fiduciary of you or any third party provider in any transaction. Any transactions with third party providers shall be by and between the visitor and the third party provider. Any and all discounts and special offers of any third party may be subject to additional terms, restrictions and limitations.
The status of our systems is made available on our Website here. Our system status page is provided for informational purposes only and only provides information regarding known system issues and maintenance which may affect the Service.
Fastcomcorp Hosting Services systems may be monitored for all lawful purposes, including, but not limited to: for system management, to facilitate protection against unauthorized access, to check on and verify survivability, operational security, system integrity and security procedures. During monitoring, information and Content may be examined, copied, recorded and used for authorized purposes. Your use of our systems constitutes your unconditional consent to such monitoring.
Compliance with Law
(a) You agree that you will use the Service offered by Fastcomocrp Hosting Services in a manner that is consistent with all applicable U.S. local, state and federal laws and regulations, regardless of whether or not you are a citizen of the United States. Customers found to be using our systems for illegal activities, including but not limited to breaking into remote systems, phishing, credit card fraud, theft, will have their accounts closed with immediate effect, without prior or further notice, and without refund of any fees. You are solely responsible for determining what laws and regulations are applicable to your use of the Service.
(b) It is our policy to cooperate with law enforcement and administrative agencies, but we don’t just roll over and give them all of your info. We have a No Backdoor Policy. Upon lawful request from a law enforcement or government administrative agency, Fastcomcorp Hosting Services may, without notice to you or your consent, provide the information requested by such agency to that agency.
(a) If any federal, state or local governmental entity with taxing authority over the Service imposes a tax, duty or fee directly on the Service provided to you by Fastcomcorp Hosting Services under this Agreement (excluding any income, business and occupation, capital gain, death or inheritance, or other indirect taxes), then Fastcomcorp Hosting Services may pass the direct amount of such tax on to you, and you shall promptly pay that tax.
(a) This Agreement shall not be governed by the United Nations Convention on the International Sale of Goods. Exclusive venue for all disputes arising out of this Agreement shall be in the state or federal courts in Mobile County, Alabama and we each agree not to bring an action in any other venue. You waive all objections to this venue and agree not to dispute personal jurisdiction or venue in these courts. You agree that you will not bring or participate in any class action lawsuit against Fastcomcorp, LLC. or any of its partners, employees, subsidiaries, officers, licensors or affiliates. Each of us agrees that we will not bring a claim under the Agreement more than two years after the time that the claim accrued.
(b) By using the Service, you agree to submit to binding arbitration. In the event any dispute or claim arises against Fastcomcorp Hosting Services, such dispute or claim shall be handled by an arbitrator of Fastcomcorp’s choosing selected from the American Arbitration Association or National Arbitration Forum in the state of Alabama. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to applicable rules. All decisions rendered by the arbitrator shall be final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, shall govern all arbitration under this Arbitration clause. Otherwise, the laws of the State of Alabama apply to the dispute. The prevailing party in such proceeding shall be entitled to recover its reasonable attorneys’ fees and costs incurred in the proceeding from the non-prevailing party, as well as any reasonable attorneys’ fees and costs that the prevailing party incurred prior to commencing the proceeding.
(c) In no event will Fastcomcorp Hosting Services mediate any dispute or controversy arising between you and any third party. Fastcomcorp Hosting Services is unable to provide any legal advice or assistance. It is not our policy to adjudicate, validate or invalidate the substance, merit (or lack thereof) of any complaint we are served (such as complaints of copyright or trademark infringement, defamation, slander or libel) – such is left to the legal system and courts. Notwithstanding anything to the contrary, we will, without prior notice, remove or disable any Content or website any court of competent jurisdiction has ordered removed or otherwise disabled for whatever any reason.
(d) If you violate any of the terms of this Agreement, any supplemental rules and guidelines, any of the terms of the respective service providers, or any rights of Fastcomcorp Hosting Services, we and any other harmed party reserve the right to pursue any and all legal and equitable remedies against you. If you are aware of any violations of this Agreement, please notify us at firstname.lastname@example.org