Terms of Service

There may be other agreements that govern our relationship besides this one. This Agreement is maintained independently of any other agreement(s) between us and you, even if we are engaged in other service agreements or arrangements such as professional services, software development, or web development.

We may also offer or provide services from time to time through third parties that are governed by the terms and conditions of the respective service providers. Those terms and conditions are either referenced in this Agreement, below, or will be made available to you at the time of your purchase of the particular service. By using that service, you agree to be further bound by any rules that are applicable to Fastcomcorp Hosting Services with respect to those service providers.

This Agreement may only be modified or supplemented by (fcc) Hosting Services, and we reserve our right to amend or supplement this Agreement at any time, at our discretion. When we change it or ammend it. We will do our best to provide you notice and point out what is different or new. We may also post rules and guidelines applicable to specific products or services to the various areas of our Website that describe them. You are responsible for reviewing this Agreement and our Website for any rules or guidelines applicable to specific areas of our Website and any amendments or supplements to this Agreement, change in our rates or change to the Service (“Changes”). If at any time, you do not agree to the terms of this Agreement or any of the policies on our Website, please discontinue use of the Service immediately and close your account(s). You will be missed, but we’ll understand. Your continued use of the Service after Fastcomcorp Hosting Services posting of any Changes constitutes your acceptance and agreement with the Changes and all Changes shall supersede any previous agreement between you and Fastcomcorp Hosting Services. Notice of any Changes shall be considered given and effective on the date that we update our Website with said Changes. You must periodically review this Agreement to ensure you know of any changes.

Registration and Account Ownership

(I) Registration

 When you sign-up for a (fcc) Hosting Services Account or add any Account Contact to the (fcc) Hosting Services Account Center, you will be required to provide data, which may include, but is not limited to, your, or any of your Account Contacts’, full legal name, company name, telephone number, email addresses, and mailing address (“Registration Data”). You represent that: (i) the Registration Data is accurate; (ii) you will keep the Registration Data current at all times; (iii) you and any Account Contacts are over the age of 18 or, if applicable, are the legal age in your country required to enter into contractual obligations, such as this Agreement; (iv) if you are Registering on behalf of a corporation or company, you are authorized to be the owner of all assets associated with the account; and (v) your use of the Service will not violate any applicable laws. You may update the Registration Data in the Account Center only. Unless pursuant to any section herein, (fcc) Hosting Services will not modify the Registration Data. If we have reason to believe that any Registration Data is inaccurate, we may, in our sole discretion, suspend or close the (fcc) Hosting Services Account, without notice, and refuse current or future service to you and/or your Account Contact(s). 

When you Register, we recommend that you provide two valid email addresses where we can reach you. One of the email addresses should be independent of the Service and not hosted by (fcc) Hosting Services. You agree that we may communicate important information to you using the email address(es) you’ve provided.

(II) Account Ownership 

(a) The highest authority of a (fcc) Account Center is the Account Owner. The Account Owner is appointed during the registration process, on the initial order form on our Website, or, if placing an order via the Customer Service or Sales Departments, by a (fcc) Hosting Services sales agent. Once the Account Owner appointment has been made, it may not be changed unless by either the Account Owner via the Account Center or an authorized (fcc) Hosting Services agent. We recommend that the person appointed as the Account Owner be someone that owns the domain name(s) hosted on the (fcc) Account Center. To avoid a potential dispute over ownership, we do not recommend that an employee, contractor, or other transient person be the owner of the (fcc) Account Center Account. Should a dispute arise, we may not be able to assist the third party with accessing the (fcc) Hosting Services Account without a valid, applicable court order. If account ownership is disputed, (fcc) Hosting Services may, in its sole discretion, suspend or close the (fcc) Hosting Services Account without notice. The Account Owner assumes all liability and responsibilities for: (i) management of the (fcc) Hosting Services Account, Service and all Content associated with the (fcc) Hosting Services Account; (ii) all complaints served upon (fcc) Hosting Services in reference to the Content; (iii) all activity associated with the (fcc) Hosting Services Account; (iv) the actions of all Account Contacts; and (v) payment of all monies owing on the (fcc) Hosting Services Account. Fastcomcorp, LLC reserves the right of collection of all dues.

(b) The Account Owner and any Account Contacts must be living individuals, whose legal first and last name is provided to Fastcomcorp Hosting Services. Fastcomcorp Hosting Services may require proof of: (i) the identity of the Account Owner and/or any Account Contact; and (ii) any of the Registration Data, including, but not limited to, proof of address and verification of email address. Use of business, organization, or fake names for the Account Owner or an Account Contact name is prohibited and constitutes a breach of this Agreement.

(c) Account Contacts have access to the (fcc) Hosting Services Account, including, but not limited to: Billing information, payment history, billing statements, and Support Requests. Account Contacts also have access to the Service and may modify Account Center and Service controls (including passwords) or make support related inquiries on behalf of the (fcc) Hosting Services Account. Some Account Contacts may add a Service to the (fcc) Hosting Services Account at any time. However, only the Account Owner may close or reopen a (fcc) Hosting Services Account or Service.

(III) Account Transfers

(a) Requests to transfer ownership of a or your (fcc) Hosting Services Account fall under three classes: (i) Type A transfers, which are those account ownership transfers initiated by the Account Owner or thru the Account Center; (ii) Type B transfers, which are those account ownership transfer requests initiated by someone other than the Account Owner; or (iii) Type C transfers, which are those account ownership transfer requests initiated by the beneficiary, lawful heir, Power of Attorney, or Executor of a deceased Account Owner’s estate. (fcc) Hosting Services may, in its sole discretion, deny any request to transfer ownership of a (fcc) Hosting Services Account.

(i) Type A Transfers:

In the case of Type A account ownership transfer requests, the owner name fields are changed by the Account Owner thru the Account Center. Once changed, all rights and obligations granted to the former Account Owner under this Agreement will immediately transfer to the new Account Owner. Transfer of ownership only affects ownership of the (fcc) Hosting Services Account, and not any Peripherals.

(ii) Type B Transfers:

In the case of Type B account ownership transfer requests, if all of the requirements set out on the transfer form have been satisfied, we may make a good-faith attempt to reach the present Account Owner via telephone, email, or Support Request to allow him/her the opportunity to approve or deny the request. If the Account Owner expressly objects to the transfer request, we will be unable to assist the other party with accessing the (fcc) Hosting Services Account without a valid, applicable court order. On the other hand, if we are unable to reach the current Account Owner, for whatever reason, or if we do not receive a timely response to any of the Communications we have sent concerning the request, we may proceed with the transfer of ownership as requested without further notice.

(iii) Type C Transfers:

In the case of Type C account ownership transfer requests, if all of the requirements set out on the transfer form are satisfied, we may, in our sole discretion, proceed with the transfer of ownership as requested.

(iv) Effects of Type B and C Transfers:

Once ownership of an account has been processed: (i) All rights and obligations granted to the former Account Owner under this Agreement will immediately cease and be transferred to the new Account Owner; (ii) (fcc) Hosting Services will remove the former Account Owner’s Registration Data and replace it with the Registration Data provided by the new Account Owner on the transfer form; and (iii) (fcc) Hosting Services may also remove the former Account Owner’s Payment Method. (fcc) Hosting Services will not modify any other facet of the (fcc) Hosting Services Account or the Service; the new Account Owner is solely responsible for doing so. Before any approved transfer of ownership can be completed, (fcc) Hosting Services must receive full payment of any balance owing on the (fcc) Hosting Services Account as of the approval date. An approved transfer of ownership only affects ownership and control of the (fcc) Hosting Services Account, and not any Peripherals.

Support

We offer a variety of channels through which you can reach us for support to help you utilize the Service. We may be reached through the following channels (“Channels of Support”): telephone, online chat, Support Request. Response times may vary. Not all Channels of Support are available at all times. All inquiries are handled in the order in which they were received. Fastcomcorp Hosting Services does not guarantee the availability or accessibility of all of the Channels of Support. We reserve the right, in our sole discretion, to change, replace or entirely cease offering support through any one or all of the Channels of Support, at any time, for any reason or no reason, and without prior notice.

Fastcomcorp Hosting Services takes account security very seriously. This is why Fastcomcorp Hosting Services cannot provide account-specific information or assistance to any persons other than the verified Account Owner and Account Contact(s). Account-specific information is considered any nonpublic information about the (fcc) Hosting Services Account, which may include, but is not limited to, Account Owner name or contact information, billing or payment information, balance owed, length of service, or types of Service being used.

Statement of Support

We provide the hosting environment, but it’s up to you to maintain that hosting environment and the website you host in it. We’re are known to go above and beyond at times, but we can’t help with everything. So, to be clear, Fastcomcorp Hosting Services has no obligation, whatsoever, to provide support outside of that defined as supported, as set forth in this Agreement. Any support we provide that falls outside the scope of our support is provided completely as a courtesy, without obligation or liability. In no event should you rely upon or expect such assistance in the future. The Statement of Support provides a general overview of the scope and limitation of our support.

As a courtesy, we maintain a database (“the Knowledgebase”) of articles and guides that contain information that may prove useful to you. We make no guarantee, whatsoever, as to the feasibility, accurateness, completeness or helpfulness of any of the information available in the Community. Your use of any of the information in the Knowledgebase is completely at your own risk. It is recommended that you backup your Content before attempting to use any of the information in the Community. In no event shall Fastcomcorp Hosting Services be held liable to you or any other person or party for any loss incurred in connection with use of the information in the Knowledgebase. If you contribute to the Knowledgebase, we own that contribution.

Abuse of Support

We enjoy being able to provide customer support through a variety of channels, but we love those who work with us too and we have to be able to provide support to all of our customers. So, we maintain a zero-tolerance policy with regards to abuse of our support system. The abuse of our support system may include, but is not limited to, engaging in any threatening, abusive, offensive, defaming, harmful, profane, harassing, or unreasonably excessive communication (whether written or oral) with Fastcomcorp Hosting Services thru the Channels of Support or elsewhere anywhere even in cyberspace. Any abuse of our support system, whether originating from the Account Owner or any Account Contact or of that Entity, shall constitute a breach of this Agreement and the (fcc) Hosting Services Account will be subject to closure with immediate effect and without prior notice.

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.

Indemnification

(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.

Force Majeure

(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.

Miscellaneous

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.

System Status

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.

Taxes

(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.

Disputes

(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 legal@fastcomcorp.com