This Universal Terms of Service for FasterMac.net Software and Services Agreement ("Agreement") is by and between Other World Computing ("FASTERMAC.NET") an Illinois corporation and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of FasterMac.net software ("Software") and services ("Services") and explains FASTERMAC.NET's obligations to You and Your obligations to FasterMac.net in relation to the Software and Services You purchase from FasterMac.NET.
This Agreement; any additional terms and conditions set forth on the FASTERMAC.NET website or order forms with respect to the particular Software and Services You purchase; as well as any additional FASTERMAC.NET policies, together with all modifications thereto, constitute the complete and exclusive agreement between You and FasterMac.net concerning Your use of FASTERMAC.NET's Software and Services, and supersede and govern all prior proposals, agreements, or other communications. Notwithstanding the foregoing sentence, in the event that any of the Software or Services, or any portion thereof, are provided by a third-party vendor of FASTERMAC.NET, such Software or Service shall additionally be provided subject to the third-party vendor's terms and conditions of use for end users. All FasterMac.net policies and agreements specific to particular Software and Services are incorporated herein and made part of this Agreement by reference, including the Uniform Domain Name Dispute Resolution Policy ("UDRP"). BY PURCHASING AND USING FASTERMAC.NET'S SOFTWARE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY OTHER POLICIES OR AGREEMENTS MADE PART OF THIS AGREEMENT BY REFERENCE, AS WELL AS ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH FASTERMAC.NET MAY ESTABLISH FROM TIME TO TIME, AND ANY AGREEMENTS THAT FASTERMAC.NET IS CURRENTLY BOUND BY OR WILL BE BOUND BY IN THE FUTURE.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with FasterMac.net, whether or not the transactions were in Your behalf. You acknowledge that FASTERMAC.NET's acceptance of any application made by You for Services provided by FasterMac.net will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") registrar's offices located in Washington D.C., USA.
1. TERM OF AGREEMENT; MODIFICATIONS.
In consideration of Your timely payment of all fees due for the Software and Services that You order, and Your agreement to be bound by this Agreement; any additional terms and conditions set forth on the FASTERMAC.NET website or order forms with respect to the particular Software and Services You purchase; any applicable terms and conditions of use of a third-party vendor of FASTERMAC.NET; as well as any additional FASTERMAC.NET policies, together with all modifications thereto, during the term of this Agreement FASTERMAC.NET agrees to provide the Software and Services you have ordered as provided in this Agreement.
If You have purchased Services or Software from FASTERMAC.NET, the term of this Agreement shall continue in full force and effect as long as You take advantage of, use, and pay for the Software or Services. In the event You terminate Your usage, FasterMac.net will not refund any amounts You have paid. Notwithstanding anything stated to the contrary in this Agreement, including this Section 1, you agree that FASTERMAC.NET may modify this Agreement and the Services from time to time, and that FASTERMAC.NET may terminate this Agreement and Services, in its sole discretion, at any time. You agree to be bound by any changes FasterMac.net may reasonably make to this Agreement when such changes are made. You agree that You will be responsible for notifying FASTERMAC.NET should You desire to terminate Your use of FasterMac.net's Services. Notification of Your intent to terminate must be provided to FASTEMAC.NET no later than thirty (30) calendar days prior to Your billing date.
You agree that FASTERMAC.NET shall not be bound by any representations made by third parties who You may use to purchase Software or Services from FasterMac.net, and that any statement of a general nature, which may be posted on FASTERMAC.NET's web site or contained in FasterMac.net's promotional materials, will not bind FASTERMAC.NET. FasterMac.net may, at times, offer certain promotions with different charges and features. 2. ACCURATE INFORMATION.
You agree to maintain accurate information by providing updates to FasterMac.net, as needed, while You are using FASTERMAC.NET's Software or Services. You agree You will notify FasterMac.net within five(5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by FASTERMAC.NET to determine the validity of information provided by You will constitute a material breach of this Agreement.
4. ACCOUNT SECURITY.
You agree You are entirely responsible for maintaining the confidentiality of Your customer number/login, password, credit card number, and any other personal information (collectively, the "Account Access Information"). You agree You are entirely responsible for any and all activities that occur under Your account. You agree to notify FasterMac.net immediately of any unauthorized use of Your account or any other breach of security. You agree FASTERMAC.NET will not be liable for any loss that You may incur as a result of someone else using Your Account Access Information, either with or without Your knowledge. You further agree You could be held liable for losses incurred by FasterMac.net or another party due to someone else using Your Account Access Information. You should keep Account Access Information in a secure location and take precautions to prevent others from gaining access to Your Account Access Information. You agree that You will be responsible for all activity in Your account, whether initiated by You, or by others on Your behalf, or by any other means. FASTERMAC.NET specifically disclaims liability for any activity in Your account, whether authorized by You or not.
5. NO UNLAWFUL CONDUCT OR IMPROPER USE.
As a condition of Your use of FasterMac.net's Software and Services, You agree not to use them for any purpose that is unlawful or prohibited by these terms and conditions, and You agree to comply with any applicable local, state, federal and international laws, government rules or requirements. You agree You will not be entitled to a refund of any fees paid to FASTERMAC.NET if, for any reason, FasterMac.net takes corrective action with respect to Your improper or illegal use of its Software or Services.
FASTERMAC.NET reserves the right at all times to disclose any information as FasterMac.net deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FASTERMAC.NET's sole discretion.
If You have purchased Services, FasterMac.net has no obligation to monitor Your use of the Services. FASTERMAC.NET reserves the right to review Your use of the Services and to cancel the Services in its sole discretion. FasterMac.net reserves the right to terminate Your access to the Services at any time, without notice, for any reason whatsoever.
By way of illustration, but not of limitation of the foregoing, FASTERMAC.NET reserves the right to terminate Services if Your usage of the Services results in, or is the subject of, legal action or threatened legal action, against FasterMac.net or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. FASTERMAC.NET may review every account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels.
FasterMac.net may also cancel Your use of the Services if You are using the Services, as determined by FASTERMAC.NET in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; illegal access to other computers or networks (i.e., hacking); infringement on the intellectual property rights of third-parties; gambling activities; distribution of Internet viruses or similar destructive activities; and activities designed to harm or use unethically minors in any way. You agree You will not be entitled to a refund of any fees paid to FASTERMAC.NET if, for any reason, FasterMac.net takes corrective action with respect to Your improper or illegal use of its Services.
6. NO SPAM; LIQUIDATED DAMAGES.
You agree FASTERMAC.NET may immediately terminate your access to the Software and Services if it believes, in its sole discretion, You are transmitting or are otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay FasterMac.net liquidated damages of $1 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your account, otherwise You agree to pay FASTERMAC.NET's actual damages.
7. INTELLECTUAL PROPERTY.
You agree that FasterMac.net or its licensor holds all rights, title and interest in all Software and Services and all intellectual property, including other rights related to intangible property, unless otherwise indicated. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to You and You agree to make no claim of interest in any such Services or Software.
You understand and agree that all content and materials contained in this Agreement, other policies, the FASTERMAC.NET web site, and any affiliated web sites, are protected by the various copyright, patent, trademark, service mark and trade secret laws of the United States, as well as any other applicable proprietary rights and laws, and that FasterMac.net or its licensor expressly reserves its rights in and to all such content and materials. You further understand and agree that You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of FASTERMAC.NET or its licensor. Except as specifically provided for in Section 8, no license or right under any copyright, patent, trademark, service mark or other proprietary right or license is granted to You or conferred upon You by this Agreement or otherwise.
8. USE OF FasterMac.net SOFTWARE.
If You have licensed software from FASTERMAC.NET, FasterMac.net grants You a limited, non-exclusive, nontransferable and non-assignable license to use the software for such purposes as are ordinary and customary. You are free to use the software on any computer, but not on two (2) or more computers at one time.
You agree to not alter or modify the Software. You agree You are not authorized to combine the Software with any other software program, create derivative works based upon the Software, nor are You authorized to integrate any plug-in or enhancement which uses or relies upon the Software. You further agree not to reverse engineer, decompile or otherwise attempt to uncover the source code.
FASTERMAC.NET reserves all rights to the Software. The Software and any copies You are authorized to make are the intellectual property of FasterMac.net. The source code and its organization are the exclusive property of FASTERMAC.NET and the Software is protected by copyright, including United States Copyright Law. Except as expressly provided for in this section, this Agreement does not grant You any rights in the Software and all rights are reserved by FasterMac.net.
FASTERMAC.NET PROVIDES THIS SOFTWARE "AS IS" WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
9. FEES AND PAYMENT.
As consideration for the Software or Services purchased by You and provided to You by FasterMac.net, You agree to pay FASTERMAC.NET at the time You order. All fees are due immediately and are non-refundable unless otherwise expressly noted, even if Your Services are suspended, terminated, or transferred prior to the end of the Services term. Payment terms both at the time of the sale and, in the case of subscription-based Services, on an ongoing periodic basis are set forth on FASTERMAC.NET's web page or pages relating to the specific Services or, in the case of Services provided by third-party vendors, on the third-party vendor's website, and any such payment terms are hereby incorporated by reference as a part of this Agreement. FasterMac.net expressly reserves the right to modify pricing through email notification and/or notice on its web site. Payment may be made by You by providing either a valid credit card or a personal/business check for charges by FASTERMAC.NET (collectively, the "Payment Method"). Your Payment Method on file must be kept valid if You have any active products in Your account.
If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchase the Services.
If for any reason FasterMac.net is unable to charge Your Payment Method for the full amount owed FASTERMAC.NET for the Services provided, or if FasterMac.net is charged a penalty for any fee it previously charged to Your Payment Method, You agree that FASTERMAC.NET may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason FasterMac.net is unable to charge Your credit card with the full amount of the Services provided, or if FasterMac.NET is charged back for any fee it previously charged to the credit card You provided, You agree that FasterMac.net may pursue all available remedies in order to obtain payment. You agree that among the remedies FASTERMAC.NET may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names or Services registered or renewed on Your behalf. FasterMac.net reserves the right to charge a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services and pass along to You. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third parties, and reasonable attorney's fees in the event of disputes that require legal services. These charges will be billed to the Payment Method we have on file for You. You may change Your Payment Method at any time by logging into Your Account Manager.
You agree that You are solely liable for arranging that Your Services are renewed, and that FASTERMAC.NET shall not be liable to You or any third party if it is unable to charge Your Payment Method in order to renew Your Services.
All transactions are processed in US dollars.
10. REPRESENTATIONS AND WARRANTIES.
You, or the individuals who electronically execute this Agreement on behalf of You hereby represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement, and that they own and have not transferred to any other person or entity any of the rights, claims or interests that are the subject of this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You warrant that each action You take related to this Agreement, the Software, or the Services shall be done in good faith and shall not infringe upon or conflict with the legal rights of a third party, including without limitation third party copyrights, patents, trademarks, trade names, trade secrets, or other intellectual property rights.
FASTERMAC.NET expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of FasterMac.net, as well as its affiliates, subsidiaries, officers, directors and employees. FASETERMAC.NET also reserves the right to freeze a domain name during resolution of a dispute.
11. LIMITATION OF LIABILITY AND DAMAGES. BY CLICKING "I AGREE" BELOW YOU INDICATE THAT YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING. IF YOU DO NOT AGREE TO THE FOLLOWING THEN DO NOT CLICK "I AGREE", AND DO NOT ACCESS OR USE ANY PORTION OF THE SOFTWARE OR SERVICES:
11.1 FASTERMAC.NET AND ITS THIRD-PARTY VENDORS SHALL NOT BE LIABLE FOR, NOR SHALL YOU MAKE ANY CLAIM FOR (WHETHER BASED ON CONTRACT, TORT, STRICT OR STATUTORY LIABILITY, NEGLIGENCE OR OTHERWISE), ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (EVEN IF FASTERMAC.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS OR SAVINGS; LOSS OF USE OF THE SOFTWARE OR SERVICES; LOSS OF GOODWILL, DATA OR OTHER INTANGIBLE LOSSES; COST OF CAPITAL; COST OF SUBSTITUTE SOFTWARE, SERVICES OR FACILITIES; DOWNTIME COSTS OR DAMAGES; AND EXPENSES ARISING OUT OF THIRD-PARTY CLAIMS; ANY OF WHICH RESULT FROM: (i) THE USE OR THE INABILITY TO USE THE SOFTWARE OR SERVICES; (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 SOFTWARE OR SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY IN ITS USE OF THE SOFTWARE OR SERVICES; OR (v) ANY OTHER MATTER RELATING TO THE SOFTWARE OR SERVICES.
11.2 IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF WARRANTIES STATED HEREIN OR THE LIMITATION OF LIABILITY STATED IN THE PRECEDING SECTION 4.1, THEN YOU EXPRESSLY AGREE THAT IN NO EVENT WILL FASTERMAC.NET'S LIABILITY FOR ANY CLAIM OR DAMAGES HEREUNDER EXCEED THE TOTAL AMOUNT PAID BY YOU HEREUNDER TO THE DATE THAT SUCH CLAIM IS ASSERTED, OR WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF (a) $500,000 OR (b) THE AMOUNT PAID BY YOU HEREUNDER IN THE 12 MONTHS PRECEDING THE INCIDENT. NOTWITHSTANDING ANYTHING STATED TO THE CONTRARY IN THIS AGREEMENT, YOU AGREE THAT IN NO EVENT SHALL YOU HAVE OR ASSERT A RIGHT OF SETOFF AGAINST FASTERMAC.NET.
11.3 The provisions of this Agreement allocate the risks between You and FASTERMAC.NET. FASTERMAC.NET's pricing reflects this allocation of risk and the limitations of liability specified herein.
12. DISCLAIMER OF WARRANTIES. BY CLICKING "I AGREE" BELOW YOU INDICATE THAT YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING. IF YOU DO NOT AGREE TO THE FOLLOWING THEN DO NOT CLICK "I AGREE", AND DO NOT ACCESS OR USE ANY PORTION OF THE SOFTWARE OR SERVICES:
12.1 YOUR USE OF THE SOFTWARE AND SERVICES IS AT YOUR SOLE RISK. THE SOFTWARE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FASTERMAC.NET EXPRESSLY DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE WARRANTIES SET FORTH IN THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT, OR ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
12.2 FASTERMAC.NET MAKES NO WARRANTY THAT (i) THE SOFTWARE OR SERVICES WILL MEET YOUR REQUIREMENTS; (ii) THE SOFTWARE AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SOFTWARE OR SERVICES WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY SOFTWARE, PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SOFTWARE OR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SOFTWARE OR SERVICES WILL BE CORRECTED. IN ADDITION TO THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE SOFTWARE AND SERVICES MAY BE PERIODICALLY UNAVAILABLE BY REASON OF NORMAL SYSTEM DOWNTIMES FOR MAINTENANCE OR UPGRADES.
12.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE OR SERVICES 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.
12.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FASTERMAC.NET OR THROUGH OR FROM THE SOFTWARE OR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
12.5 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 SOFTWARE. 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 SOFTWARE. IMMEDIATELY DISCONTINUE USE OF THE SOFTWARE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SOFTWARE: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT OR CONVULSIONS.
You agree to defend, indemnify and hold harmless FasterMac.net and its contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to Your (including Your agents affiliates, or anyone using Your account, software or services with FASTERMAC.NET whether or not on Your behalf, and whether or not with Your permission) use of the Software or Services You purchased from FasterMac.net or Your breach of this Agreement or incorporated agreements and policies. In addition, You agree to indemnify and hold FasterMac.net harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, any criminal activity by You, or any allegation that Your account infringes a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should FASTERMAC.NET be notified of a pending law suit, or receive notice of the filing of a law suit, FASTERMAC.NET may seek a written confirmation from You concerning Your obligation to indemnify FASTERMAC.NET. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that FASTERMAC.NET shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify FASTERMAC.NET of any such claim promptly in writing and to allow FASTERMAC.NET to control the proceedings. You agree to cooperate fully with FASTERMAC.NET during such proceedings.
You agree You will not be entitled to a refund of any fees paid to FASTERMAC.NET if, for any reason, FASTERMAC.NET takes corrective action with respect to Your improper or illegal use of its Services. You also agree that if FASTERMAC.NET is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding an account of Yours with FASTERMAC.NET, that FASTERMAC.NET, in its sole discretion, may take whatever action FASTERMAC.NET deems necessary regarding further modification, assignment of and/or control of your account to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
14. GOVERNING LAW, VENUE; WAIVER OF TRIAL BY JURY.
The parties agree that the substantive laws of the State of Illinois shall govern the existence, validity, and interpretation of this Agreement, without regard to choice of law principles. ANY LITIGATION BASED HEREON, OR ARISING OUT OF, UNDER, OR IN CONNECTION WITH THIS AGREEMENT, THE SOFTWARE, OR THE SERVICES SHALL BE BROUGHT AND MAINTAINED EXCLUSIVELY IN ANY STATE OR FEDERAL COURT HAVING ORIGINAL JURISDICTION IN McHENRY COUNTY, ILLINOIS; PROVIDED THAT NOTHING IN THIS AGREEMENT SHALL BE DEEMED OR OPERATE TO PRECLUDE FasterMac.NET FROM BRINGING SUIT OR TAKING OTHER LEGAL ACTION IN ANY OTHER JURISDICTION. YOU HEREBY EXPRESSLY AND IRREVOCABLY SUBMIT TO THE JURISDICTION OF ANY COURT HAVING ORIGINAL JURISDICTION IN McHENRY COUNTY, ILLINOIS FOR THE PURPOSE OF ANY SUCH LITIGATION AS SET FORTH ABOVE. YOU FURTHER IRREVOCABLY CONSENT TO THE SERVICE OF PROCESS BY REGISTERED MAIL, POSTAGE PREPAID, OR BY PERSONAL SERVICE WITHIN OR WITHOUT THE STATE OF ILLINOIS. YOU HEREBY EXPRESSLY AND IRREVOCABLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY OBJECTION WHICH YOU MAY NOW OR HEREAFTER HAVE TO THE LAYING OF VENUE OF ANY SUCH LITIGATION BROUGHT IN ANY SUCH COURT REFERRED TO ABOVE AND ANY CLAIM THAT ANY SUCH LITIGATION HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
YOU KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY IN ANY LITIGATION RELATING TO THIS AGREEMENT. IN SO DOING, YOU INTEND THAT FASTERMAC.NET MAY ELECT TO HAVE ANY CLAIMS AND DISPUTES ARISING HEREUNDER TO BE RESOLVED BY A JUDGE ACTING WITHOUT A JURY.
You agree that all notices (except for notices concerning breach of this Agreement) from FASTERMAC.NET to You may be posted on our Web site. Notices concerning breach will be sent either to the email or postal address You have on file with FASTERMAC.NET. In either case, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from You to FASTERMAC.NET shall be made either by email, sent to the address provided on the FASTERMAC.NET web site, or first class mail to FASTERMAC.NET's address at: Other World Computing 2650 Bridge Lane Woodstock, IL 60098
The headings in the Agreement are descriptive only and in the event of a conflict between a heading and the underlying terms of this Agreement, the terms of this Agreement shall control.
17. ENTIRE AGREEMENT.
You agree that this Agreement including the policies and agreements it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only Agreement between You and FASTERMAC.NET regarding the Services contemplated herein.
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
The failure of FASTERMAC.NET to enforce any of the provisions within this Agreement or its incorporated agreements and policies against You or others shall not be construed to be a waiver of the right of FASTERMAC.NET thereafter to enforce such provisions.
20. FORCE MAJEURE.
FASTERMAC.NET will make every effort to keep its web site and Services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold FASTERMAC.NET liable for any of the consequences of such interruptions.
The provisions of this Agreement that by their nature would survive any termination or cancellation of this Agreement, including without limitation Sections 1, 7, 10, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, and 25, shall survive any termination or cancellation of this Agreement.
22. NO THIRD PARTY BENEFICIARIES.
Nothing in this Agreement, express or implied, is intended to confer upon any third party any rights, remedies, obligations, or liabilities under or by reason of this Agreement, except as expressly provided in this Agreement.
23. ATTORNEY'S FEES. In the event that any action is brought to enforce any provision of this Agreement or to declare a breach of this Agreement, FASTERMAC.NET shall be entitled to recover, in addition to any other amounts awarded, reasonable legal and other related costs and expenses, including without limitation attorney's fees, incurred thereby.
24. RELATIONSHIP OF PARTIES. The parties are independent contractors and nothing in this Agreement shall be deemed to make either party an agent, employee, partner or joint venturer of the other party. Neither party shall have the authority to bind, commit, or otherwise obligate the other party in any manner whatsoever.
25. ASSIGNMENT; BINDING AGREEMENT. You may not assign this Agreement or any license granted or created hereunder whether by operation of law, change of control, or in any other manner, without the prior written consent of FASTERMAC.NET. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their affiliates, their respective successors and permitted assigns.
Other than as described in this Policy, we will not give any information about you to others without your express permission.
Information Collection and Use
Our Web site uses forms in which you give us contact information (including your name, address, telephone number, and email address) so you can place orders, request information and support. For certain services, we may also request a credit card number, or other financial information. We will then create an account number for you.
We receive and store any information you enter on our Web site or give us in any other way, including through email, telephone, or other communications with our customer service department. If you contact us for support, we will keep an internal record of what support was given.
We use information gathered about you from our site statistics (for example your IP address) to help diagnose problems with our server, and to administer our Web site.
This site also contains links to other Web sites. Unfortunately, FASTERMAC.NET is not responsible for the privacy practices or the content of such sites.
Updating Your Information
We have the following options for changing and modifying your account information:
1. You may send an email to email@example.com
2. You may visit your online Account Manager
3. You may call us at: (815) 333-5000
We use emails to communicate with you, to confirm your placed orders, and to send information that you have requested. We also provide email links, as on our "About FASTERMAC.NET" page, to allow you to contact us directly. We strive to promptly reply to your messages.
The information you send to us may be stored and used to improve this site and our products, or it may be reviewed and discarded.
Compliance with Laws and Law Enforcement
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies.
Third Party Service Providers
We will only share information about you that is necessary for the third party to provide the requested services.
From time-to-time, we may provide you with the opportunity to participate in surveys. If you choose to participate, we may request certain personally identifiable information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose the requested information. The requested information typically includes contact information (such as name and address), and demographic information (such as zip code). We use this information to improve our services and our site.
We may use a third party service provider to conduct these surveys. When we do, that company will be prohibited from using our users' personally identifiable information for any other purpose.
What Happens to my Personal Information if I Terminate my FASTERMAC.NET Account?
When your FasterMac.NET account is cancelled (either voluntarily or involuntarily) all of your personally identifiable information is placed in "deactivated" status on our relevant FASTERMAC.NET databases. However, you should know that deactivation of your account does not mean your personally identifiable information has been deleted from our database entirely. We will retain and use your personally identifiable information if necessary in order to comply with our legal obligations, resolve disputes, or enforce our agreements.
Changes in Our Practices
Contacting the Web Site
Revised: 4/22/2009 Copyright © 2009 Other World Computing All Rights Reserved.