Terms of Service
1. ACCEPTANCE OF TERMS
IfastNet Internet ("IfastNet ") welcomes you.
IfastNet 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. In addition, when using particular
IfastNet owned or operated services, you and
IfastNet 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
may also offer other services that are governed by different Terms of
Service.
2. DESCRIPTION OF SERVICE
IfastNet 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 to provide the Service. You also understand and
agree that the Service may include certain communications from
IfastNet , such as service announcements, administrative messages
and the IfastNet Newsletter, and that these communications
are considered part of IfastNet 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 properties,
shall be subject to the TOS. You understand and agree that the Service
is provided "AS-IS" and that IfastNet 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
has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, IfastNet 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 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 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.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 i`nformation, including the transfer of
this information to the United States and/or other countries for
storage, processing and use by IfastNet 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 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 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 , are entirely responsible
for all Content that you upload, post, email, transmit or otherwise
make available via the Service. IfastNet 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 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.
Utilization of the myownfreehost product requires any abuse emails to
be forwarded to abuse@ifastnet.com, or abuse tickets escalating.
Failure to comply is a gross violation of these Terms.
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, a IfastNet 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 (such as
inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure
agreements);
upload, post, email, transmit or otherwise make
available any Content that infringes any patent, trademark, trade
secret, copyright or other proprietary rights ("Rights") of any party;
This includes linking to or redirecting to any content or copyright
files hosted on a 3rd party resource / servers.
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, except in those areas (such as
shopping) that are designated for such purpose (please read our
complete Spam Policy);
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;
upload, post, email, transmit or otherwise make
available any material that is of broadcast / streaming types.
upload, post, email, transmit or otherwise make
available any material that is of
keylogging / proxy service / irc / shell(s) if any
type / file hosting / file sharing types.
upload, post, email, transmit or otherwise make
available any material on free hosting accounts that is of pornographic
nature. This excludes premium paid hosting accounts (cPanel/WHM hosting
accounts).
interfere with or disrupt the Service or servers or
networks connected to the Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the
Service;
intentionally or unintentionally violate any
applicable local, state, national or international law, including, but
not limited to, regulations promulgated by the U.S. Securities and
Exchange Commission, any rules of any national or other securities
exchange, including, without limitation, the New York Stock Exchange,
the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
provide material support or resources (or to conceal
or disguise the nature, location, source, or ownership of material
support or resources) to any organization(s) designated by the United
States government as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act;
"stalk" or otherwise harass another; and/or
upload, post, email, transmit or otherwise material
for the purposes of file distribution, relay, or streaming reasons.
collect or store personal data about other users in
connection with the prohibited conduct and activities set forth in
paragraphs 1 through 15 above.
USE OF COPYRIGHT MATERIAL AND PROOF OF OWNERSHIP OF CONTENT
Sites must not contain Warez, copyright or other illegal material
including links or redirects to copyright material hosted on 3rd party
websites / resources. The onus is on you the customer to prove that you
own the rights to publish material, not for IfastNet to prove
that you do not. IfastNet does not allow the
propagation or distribution of copyright material, files or warez under
any circumstances.
ACCEPTABLE SERVER RESOURCE USE
Sites must not use excessive amounts of server resources. These include
bandwidth, processor utilization and / or disk space. Please see the
'High Resource Use Policy' in the General Terms and Conditions.
SCRIPT USAGE TERMS
Scripts on the site must be designed to produce web-based content, and
not to use the server as an application server. Using the server to
generate large volumes of email from a database is an example of
activity that is not allowed. Scripts should not attempt to manipulate
the timeouts on servers. These are set at the present values to ensure
the reliability of the server. Sites that reset these do so because
they are resource intensive, and adversely affect server performance
and are therefore not allowed. Scripts that are designed to provide
proxy services, anonymous or otherwise, are not allowed.
The primary purpose of any script must be to produce a web page.
Scripts that send a single email based upon user entered information,
or update a database are acceptable. Scripts that send bulk email or
perform processor intensive database processes are not allowed. All
outgoing mail is monitored and filtered and must be sent to or from a
IfastNet -hosted domain.
Sites must not contain scripts that attempt to access privileged server
resources, or other sites on the same server
USAGE OF DISK SPACE TERMS
IfastNet offers large web space and bandwidth with hosting
accounts. By this, we mean space for legitimate web site content and
bandwidth for visitors to view it. All files on a domain must be part
of the active website and linked to the site. Sites should not contain
any backups, downloads, or other non-web based content. We will treat
all password protected archive (e.g. zip and rar) files as
unacceptable. Multimedia content such as audio and video is acceptable
provided it is streamed to the user, links to HTTP download of this
content is not acceptable.
INODE USAGE
In computing, an inode is a data structure on a traditional Unix-style
file system such as UFS. An inode stores basic information about a
regular file, directory, or other file system object.
en.wikipedia.org/wiki/Inode
IfastNet reserves the right to limit INODEs usage on premium
hosting plans to 180,000 and unlimited inodes on Business hosting plans
subject to acceptable usage.
Right to suspend / terminate hosting services
We reserve the right to suspend or terminate any hosting services if a
website/hosting service consumes excessive server resources or effects
other websites / hosting services on a shared or clustered hosting
server. Excessive resource usage can constitute any form of server
usage calculated and determined at the discretion of IfastNet .
IfastNet reserves the right to suspend service at any time
without prior notice if or when the health or normal running /
performance of a service is effected / degraded by a website or hosting
service.
You acknowledge that IfastNet may or may not pre-screen
Content, but that IfastNet and its designees shall have the
right (but not the obligation) in their sole discretion to pre-screen,
refuse, or remove any Content that is available via the Service.
Without limiting the foregoing, IfastNet and its designees
shall have the right to remove any Content that violates the TOS or is
otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance
on the accuracy, completeness, or usefulness of such Content. In this
regard, you acknowledge that you may not rely on any Content created by
IfastNet or submitted to IfastNet , including without
limitation information in IfastNet Message Boards and in all
other parts of the Service.
You acknowledge, consent and agree that IfastNet may access,
preserve and disclose your account information and Content if required
to do so by law or in a good faith belief that such access preservation
or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third
parties;
(d) respond to your requests for customer service; or (e) protect the
rights, property or personal safety of IfastNet , its users and the
public.
You understand that the technical processing and transmission of the
Service, including your Content, may involve
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of
connecting networks or devices.
You understand that the Service and software embodied within the
Service may include security components that permit digital materials
to be protected, and that use of these materials is subject to usage
rules set by IfastNet and/or content providers who provide
content to the Service. You may not attempt to override or circumvent
any of the usage rules embedded into the Service. Any unauthorized
reproduction, publication, further distribution or public exhibition of
the materials provided on the Service, in whole or in part, is strictly
prohibited.
7. INTERSTATE NATURE OF COMMUNICATIONS ON IfastNet NETWORK
When you register with IfastNet , you acknowledge that in using
IfastNet services to send electronic communications
(including but not limited to email, uploading photos and files and
other Internet activities), you will be causing communications to be
sent through IfastNet 's computer networks, portions of which are
located in California, Ohio, UK, and other locations in the United
States and portions of which are located abroad. As a result, and also
as a result of IfastNet 's network architecture and business
practices and the nature of electronic communications, even
communications that seem to be intrastate in nature can result in the
transmission of interstate communications regardless of where you are
physically located at the time of transmission. Accordingly, by
agreeing to this Terms of Service, you acknowledge that use of the
service results in interstate data transmissions.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with
all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding
the transmission of technical data exported from the United States or
the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
IfastNet does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to
Content you submit or make available for inclusion on publicly
accessible areas of the Service, you grant IfastNet the
following worldwide, royalty-free and non-exclusive license(s), as
applicable:
With respect to Content you submit or make available
for inclusion on publicly accessible areas of IfastNet
Servers, the license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service
solely for the purposes of providing and promoting the
IfastNet Service to which such Content was submitted or made
available. This license exists only for as long as you elect to
continue to include such Content on the Service and will terminate at
the time you remove or IfastNet removes such Content from the
Service.
With respect to photos, graphics, audio or video you
submit or make available for inclusion on publicly accessible areas of
the Service other than IfastNet Servers, the license to use,
distribute, reproduce, modify, adapt, publicly perform and publicly
display such Content on the Service solely for the purpose for which
such Content was submitted or made available. This license exists only
for as long as you elect to continue to include such Content on the
Service and will terminate at the time you remove or IfastNet
removes such Content from the Service.
With respect to Content other than photos, graphics,
audio or video you submit or make available for inclusion on publicly
accessible areas of the Service other than IfastNet Servers,
the perpetual, irrevocable and fully sublicensable license to use,
distribute, reproduce, modify, adapt, publish, translate, publicly
perform and publicly display such Content (in whole or in part) and to
incorporate such Content into other works in any format or medium now
known or later developed.
"Publicly accessible" areas of the Service are those areas of the
IfastNet network of properties that are intended by
IfastNet to be available to the general public. By way of
example, publicly accessible areas of the Service would include
IfastNet Message Boards and all areas that are open to both
members and visitors. However, publicly accessible areas of the Service
would not include portions of IfastNet Servers that are
limited to members, IfastNet services intended for private
communication such as IfastNet Mail or, or areas off of the
IfastNet network of properties such as portions of World Wide
Web sites that are accessible via hypertext or other links but are not
hosted or served by IfastNet .
10. CONTRIBUTIONS TO IfastNet
By submitting ideas, suggestions, documents, and/or proposals
("Contributions") to IfastNet through its forum, or contact
forums, you acknowledge and agree that:
(a) your Contributions do not contain confidential or proprietary
information;
(b) IfastNet is not under any obligation of confidentiality,
express or implied, with respect to the Contributions;
(c) IfastNet shall be entitled to use or disclose (or choose
not to use or disclose) such Contributions for any purpose, in any way,
in any media worldwide;
(d) IfastNet may have something similar to the Contributions
already under consideration or in development;
(e) your Contributions automatically become the property of
IfastNet without any obligation of IfastNet to you;
and
(f) you are not entitled to any compensation or reimbursement of any
kind from IfastNet under any circumstances.
11. INDEMNITY
You agree to indemnify and hold IfastNet and its
subsidiaries, affiliates, officers, agents, employees, partners and
licensors harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of
Content you submit, post, transmit or otherwise make available through
the Service, your use of the Service, your connection to the Service,
your violation of the TOS, or your violation of any rights of another.
12. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service
(including your IfastNet ID), use of the Service, or access
to the Service, unless you are a member of the IfastNet
Reseller Service, utilising the reselling platform to resell to end
users.
13. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that IfastNet may establish general practices
and limits concerning use of the Service, including without limitation
the maximum number of days that idle hosting accounts, message board
postings or other uploaded Content will be retained by the Service, the
maximum number of email messages that may be sent from or received by
an account on the Service, the maximum size of any email message that
may be sent from or received by an account on the Service, the maximum
disk space that will be allotted on IfastNet 's servers on your
behalf, and the maximum number of times (and the maximum duration for
which) you may access the Service in a given period of time. You agree
that IfastNet has no responsibility or liability for the
deletion or failure to store any messages and other communications or
other Content maintained or transmitted by the Service. You acknowledge
that IfastNet reserves the right to log off accounts that are
inactive for an extended period of time. You further acknowledge that
IfastNet reserves the right to modify these general practices
and limits from time to time.
14. MODIFICATIONS TO SERVICE
IfastNet reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or
any part thereof) with or without notice. You agree that
IfastNet shall not be liable to you or to any third party for
any modification, suspension or discontinuance of the Service.
15. TERMINATION
You agree that IfastNet may, under certain circumstances and
without prior notice, immediately terminate your IfastNet
account, any associated email address, and access to the Service. Cause
for such termination shall include, but not be limited to,
(a) breaches or violations of the TOS or other incorporated agreements
or guidelines,
(b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions),
(d) discontinuance or material modification to the Service (or any part
thereof),
(e) unexpected technical or security issues or problems,
(f) extended periods of inactivity,
(g) engagement by you in fraudulent or illegal activities, and/or
(h) nonpayment of any fees owed by you in connection with the Services.
Termination of your IfastNet account includes
(a) removal of access to all offerings within the Service, including
but not limited to Hosting accounts, Email Services, SQL databases,
(b) deletion of your password and all related information, files and
content associated with or inside your account (or any part thereof),
and
(c) barring of further use of the Service. Further, you agree that all
terminations for cause shall be made in IfastNet 's sole discretion
and that IfastNet shall not be liable to you or any third
party for any termination of your account, any associated email
address, or access to the Service.
Refund Policy.
Refunds are issued at the sole discretion of IfastNet
Internet. IfastNet Internet reserves the right not to issue a
refund. Customer agrees that hosting payments are NONREFUNDABLE. For
example, if Customer submits payment for twelve (12) months of service,
service will be provided for twelve (12) months and will not be
refunded if customer chooses to discontinue service with
IfastNet mid-way through the term. Payments which are deemed
to be fraud which can be verfied and certain to be fraud are elligable
to a refund, subject to the terms and conditions of the payment
provider such as PayPal or 2Checkout.
16. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, including
payment and delivery of related goods or services, and any other terms,
conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. You agree that
IfastNet shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as
the result of the presence of such advertisers on the Service.
17. LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because IfastNet has no
control over such sites and resources, you acknowledge and agree that
IfastNet is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products or other
materials on or available from such sites or resources. You further
acknowledge and agree that IfastNet shall not be responsible
or liable, directly or indirectly, for any damage or loss caused or
alleged to be caused by or in connection with use of or reliance on any
such Content, goods or services available on or through any such site
or resource.
17. MAXIMUM FREE HOSTING ACCOUNTS PER PERSON
Three free hosting accounts are allowed per person. Registering
more than three accounts is considered abuse and will result in all
accounts being terminated without notice.
18. IfastNet 'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("Software") contain proprietary
and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree
that Content contained in sponsor advertisements or information
presented to you through the Service or by advertisers is protected by
copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by IfastNet
or advertisers, you agree not to modify, rent, lease, loan, sell,
distribute or create derivative works based on the Service or the
Software, in whole or in part.
19 FREE DOMAIN WITH PAID HOSTING
Free domain names which are included with Paid Hosting accounts are the
property of IfastNet Internet. IfastNet will always
retain ownership of free domain names we register. If requested,
IfastNet will allow the 'transfer' any free domains to an
alternative hosting provider if a transfer administration fee is paid,
which amounts to $29.99. If the service has been provisioned for over
12 months or sooner IfastNet may waiver the above mentioned
transfer fee. IfastNet reserves the right to cancel /
transfer domain names which are provided with paid hosting accounts. We
reserve the right to renew or allow the expiration of domain names we
register.
The .INFO domain name provided with the 'monthly standard' premium plan
is free for the 1st year only, to keep the domain after the 1st year, a
renewal fee needs to be paid. (This is a separate additional payment to
the monthly payments for the hosting) To renew the INFO domain name, we
require a payment of $19.99 USD to cover the cost of renewing the
domain with the registrars.
The free domain included with the monthly ultimate account is free to
renewal each year providing you are in good billing status for all 12
monthly payments over the year.
You are not allowed to alter the name servers or transfer a free domain
included with the monthly ultimate plan until 2 (two) complete months
of payment has been made (2 x $6.99). We reserve the right to
suspend any free domain name associated with a monthly ultimate account
which has not been paid for 2 complete months.
DOMAIN NAME GENERAL TERMS OF SERVICE
We use PublicDomainRegistry.com and ENOM to register domain names for our clients.
You must agree to and comply with the terms of service provided by PublicDomainRegistry.com and ENOM for Any domain names we register for you.
PublicDomainRegistry.com Terms are here: http://www.publicdomainregistry.com/legal/
ENOM Terms of service are here: http://www.enom.com/terms/agreement.aspx
19b. MYOWNFREEHOST RESELLER PAID PLAN LINKS
MyOwnFreeHost.net resellers using the free or plan 2 service are
required to have paid hosting plan links to ifastnet.com present in
a visible location on the reseller domain home page.
IfastNet reserves the right to suspend and cancel resellers
who do not have the paid plan links to ifastnet.com.
Resellers are entitled to use the IfastNet affiliate program for
paid plan links.
MyOwnFreeHost.net resellers using plan 3 or above may remove the paid
plan links and are exempt from the requirement for placing paid plan
links.
20. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
1. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IfastNet AND
ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
2. IfastNet AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE
SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY
BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE;
(iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER
MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET
YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF
DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM IfastNet OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY
WARRANTY NOT EXPRESSLY STATED IN THE TOS.
5. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN
EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN
OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY
UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF
PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN
EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE.
IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN
IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE
SERVICE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
21.LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IfastNet AND ITS
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS SHALL NOT BE LIABLE TO YOU 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 (EVEN IF IfastNet HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF
SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,
INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii)
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v)
ANY OTHER MATTER RELATING TO THE SERVICE.
22. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.
23. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any
news, messages, alerts or other information from the Service concerning
companies, stock quotes, investments or securities, please read the
above Sections 19 and 20 again. They go doubly for you. In addition,
for this type of information particularly, the phrase "Let the investor
beware" is apt. The Service is provided for informational purposes
only, and no Content included in the Service is intended for trading or
investing purposes. IfastNet and its licensors shall not be
responsible or liable for the accuracy, usefulness or availability of
any information transmitted or made available via the Service, and
shall not be responsible or liable for any trading or investment
decisions based on such information.
24. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS,
there shall be no third-party beneficiaries to this agreement.
25. NOTICE
IfastNet may provide you with notices, including those
regarding changes to the TOS, by email, regular mail or postings on the
Service.
26. TRADEMARK INFORMATION
The IfastNet , IfastNet logo, IfastNet (in
Chinese characters), trademarks and service marks and other
IfastNet logos and product and service names are trademarks
of IfastNet (the "IfastNet Marks"). Without
IfastNet 's prior permission, you agree not to display or use in
any manner the IfastNet Marks.
27. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
IfastNet respects the intellectual property of others, and we
ask our users to do the same. IfastNet may, in appropriate
circumstances and at its discretion, disable and/or terminate the
accounts of users who may be repeat infringers. If you believe that
your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise
violated, please provide IfastNet 's Copyright Agent the following
information:
an electronic or physical signature of the person authorized to act on
behalf of the owner of the copyright or other intellectual property
interest;
a description of the copyrighted work or other
intellectual property that you claim has been infringed;
a description of where the material that you claim
is infringing is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief
that the disputed use is not authorized by the copyright owner, its
agent, or the law;
a statement by you, made under penalty of perjury,
that the above information in your Notice is accurate and that you are
the copyright or intellectual property owner or authorized to act on
the copyright or intellectual property owner's behalf.
IfastNet 's Agent for Notice of claims of copyright or other
intellectual property infringement can be reached as follows:
By mail:
Copyright Agent
7 Old Gloucester Street
London, London WC1N 3XX
United Kingdom
By phone: 441912478100
By fax: 441912478100
By email: abuse@ifastnet.com
Registered Address:
Ifastnet LTD
Bullman House Regent Centre, Gosforth,
Newcastle upon Tyne
NE3 3LS
28. GENERAL INFORMATION
Entire Agreement.
The TOS constitutes the entire agreement between you and
IfastNet and governs your use of the Service, superseding any
prior agreements between you and IfastNet with respect to the
Service. You also may be subject to additional terms and conditions
that may apply when you use or purchase certain other
IfastNet services, affiliate services, third-party content or
third-party software.
Choice of Law and Forum.
The TOS and the relationship between you and IfastNet shall
be governed by the laws of the United Kingdom without regard to its
conflict of law provisions. You and IfastNet agree to submit
to the personal and exclusive jurisdiction of the courts located within
the county of Northumberland, United Kingdom.
Waiver and Severability of Terms.
The failure of IfastNet to exercise or enforce any right or
provision of the TOS shall not constitute a waiver of such right or
provision. If any provision of the TOS is found by a court of competent
jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions as
reflected in the provision, and the other provisions of the TOS remain
in full force and effect.
No Right of Survivorship and Non-Transferability.
You agree that your IfastNet account is non-transferable and
any rights to your IfastNet ID or contents within your
account terminate upon your death. Upon receipt of a copy of a death
certificate, your account may be terminated and all contents therein
permanently deleted.
Statute of Limitations.
You agree that regardless of any statute or law to the contrary, any
claim or cause of action arising out of or related to use of the
Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no
legal or contractual effect.