Terms of Service (TOS)

The Service

FastWebEngine LLC, herein referred to as "FastWebEngine", provides a variety of paid services including web hosting, email hosting, web design, website maintenance, and domain registration. Within these Terms of Service ("TOS") these services will be referred to as the "Service" or "Services". FastWebEngine LLC reserves the right to update these Terms of Service at any time without notice.

Authorization

You hereby authorize FastWebEngine to create a Service account, including any related services and provide access to this account, the web page directory, cgi-bin directory, email filter, and/or any other directories or programs that need to be accessed during the Service. If you are an entity (such as a corporation, limited liability company or partnership), the individual accepting these Terms of Service warrants that they have the authority to bind that organization to these Terms of Service. You agree to use the Service for lawful purposes in accordance with these Terms of Service.

Fees and Payment

FastWebEngine will invoice you at the beginning of your chosen billing term for the Service provided. Payments for the Service are processed at the beginning of the billing term chosen (monthly, semi-annually or annually). If credit card payments are not able to be processed (e.g. transaction(s) declined due, but not limited to, inactive and/or expired credit cards) alternative payment is due within fourteen (14) days. If after fourteen (14) days payment is not made, your Service account will automatically be suspended pending final resolution. FastWebEngine reserves the right to remove your Service account, email, database(s) website(s) and all web content and/or files from our hosting environment if payment is not received within twenty-one (21) days. FastWebEngine reserves the right, at its sole discretion, to deactivate and/or terminate your Service account upon an indication of credit problems including delinquent payments. FastWebEngine is not responsible for any deleted files, databases, emails, data, information, multimedia or lost content resulting from the suspension or reactivation of your account.

Cancellation

You may cancel the Service at any time by notifying FastWebEngine via email or phone, or by submitting a cancellation request within the Client Portal. Cancellation must be requested at least ten (10) days prior to the start of the next billing term in order to avoid an additional monthly charge. FastWebEngine does not issue partial refunds or credits for early cancellations. All payments to FastWebEngine are final and non-refundable.

FastWebEngine offers a thirty (30) day money back satisfaction guarantee for new hosting customers, domain registrations excluded.

Copyrights and Trademarks

You represent to FastWebEngine and unconditionally guarantee that any elements of text, graphics, photos, artwork, multimedia, designs, trademarks, information, executable files or any files to be hosted on the FastWebEngine network or servers are owned by you, or that you have permission from the rightful owner to use each of these elements. You agree to hold harmless, protect, and defend FastWebEngine, its employees, agents and subcontractors from any claim or suit arising from the use of such elements hosted by FastWebEngine for you. You agree that it is your responsibility to obtain written permissions for use of any copyrighted material.

Security

You agree that the security of your account and data is solely your responsibility. You also agree that if you feel the security of your account has been compromised in any way, you will notify FastWebEngine immediately by email, or phone or by submitting a support request within the Client Portal.

  1. Accounts and Passwords
    You are responsible for maintaining the confidentiality of your user name(s) and password(s). You agree that you are responsible for any use of the Service, your account, whether or not authorized by you.

  2. Third-Party Account Access
    You will be held fully responsible for any misuse or compromise of your account for which FastWebEngine is not properly notified. You agree not to provide or share access to your account to any third-party, and that you are responsible for any use of your account by any party to whom such access has been provided. You agree that certain features of your account (e.g. Administrative access, FTP logins) which may be used to provide shared access to your account are not to be used to resell services to third parties, and that you are responsible for the actions of any party which utilizes those features.

  3. Third-Party Information
    You are responsible for maintaining ALL third-party data and information including Domain Registrar login details, passwords, account settings, domain renewal and/or registration dates. FastWebEngine is not responsible for maintaining ANY third-party information on your behalf.

  4. Security Violations
    You agree that if any security violations are believed to have occurred in association with your account, FastWebEngine has the right to suspend access to the account pending an investigation and resolution. You also agree that FastWebEngine has the right to cooperate in any government or legal investigation regarding any aspect of the Service provided to and sold to you.

Laws Affecting Electronic Commerce

You agree that it is your responsibility to comply with the laws, taxes, and tariffs related to E-commerce, and you will hold harmless, protect, and defend FastWebEngine, its employees, agents and subcontractors from any claim, suit, penalty, tax, or tariff arising from your use of Internet electronic commerce. You also understand that FastWebEngine cannot provide legal advice.

Termination of Services

FastWebEngine reserves the right to refuse or discontinue Service at our sole discretion. FastWebEngine may deny access to all or part of the service without notice if you engage in any conduct or activities that violates our Terms of Service. FastWebEngine shall have no responsibility to notify any third-party providers of services, merchandise, or information, nor any responsibility for any consequences resulting from such discontinuance or lack of notification. You agree that FastWebEngine has the right to monitor the Service and to disclose any information as necessary to satisfy the law, or to protect itself or its subscribers. FastWebEngine reserves the right to refuse to post or to remove any information, files or data, in whole or in part, that, at its sole discretion, are unacceptable, undesirable, or in violation of this agreement. This agreement may be suspended or terminated by FastWebEngine at any time where:

  1. You are in breach of any of the conditions of this agreement
  2. You or your company become insolvent
  3. Your Invoices are more than twenty-one (21) days overdue

Data Protection Act

It is your responsibility to register under the data protection act if necessary for the storage and transmission of data or information. Any data or information collected and or transmitted via your account on the FastWebEngine network or servers is your sole ownership and as such you are responsible for the legal use of that data. You hereby agree that any data or information submitted on your account for publication on the FastWebEngine network or servers will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything libelous or harmful. You agree to indemnify and hold harmless FastWebEngine, its employees, agents and subcontractors for any claim resulting from the submission of data or information on your account. Any potential illegal activity may be grounds for deactivation of your account without warning by FastWebEngine.

Data Storage and Backup

Your use of the Service is at your sole risk and discretion. You agree that FastWebEngine is not responsible for archiving or backup of any files, databases, email, data, information, multimedia or content residing in your account on the FastWebEngine network or servers.

FastWebEngine provides you the means to backup and retrieve your account information, website, email, databases, data and files within the web hosting control panel. Please utilize this system to ensure the integrity and security of your data and information. Backups of your account will add to your account storage quota. If your data storage is approaching your account storage quota, backups may not be able to be processed. Account backups should be downloaded to your local computer using FTP or the Control Panel File Manager. Account holders that utilize more that 10GB of storage for email may be assessed an additional fee for data backups.

You agree to assume full responsibility for your files, databases, email, data, information, multimedia and content stored on, and/or transferred to the FastWebEngine network and servers. You agree to perform and maintain all appropriate backups of such items stored on the FastWebEngine network or servers. FastWebEngine does not warrant or otherwise guarantee that (1) it will back up such items or that (2) such items that have been backed up can be retrieved, or that (3) such items maintain full integrity. You are responsible for the integrity of such items hosted by FastWebEngine notwithstanding any agreement by FastWebEngine to provide back up services.

Service Interruption

From time to time, FastWebEngine may have to suspend the Service for technical reasons, to maintain the network and servers, or to prevent improper use of FastWebEngine services. You agree that under no circumstances will FastWebEngine, its employees, agents and subcontractors be held liable to you or any third-party for any financial, consequential, incidental, special, punitive or other damages of any kind, including, without limitation, refunds of fees, loss of profits, loss of income, or cost of replacement services due to such interruptions. The following also apply:

  • Interruption Outside Our Control
    FastWebEngine shall not be liable for interruption of the Service if such interruption is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, terrorism, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, inclement weather, cable cuts, interruption of or delay in transportation, unavailability of, interruption or delay in email, deliverability of email due to third-party IP address blacklisting, telecommunications, or third-party services including DNS propagation, third-party provider outages, failure of third-party software or hardware or inability to obtain raw materials, equipment, supplies or power used in or equipment needed for provision of the Service. Such occurrences will not entitle you to a credit for interruption of the Service.

  • Interruption Due To Your Responsibility
    FastWebEngine shall not be liable for the disruption of the Service if such interruption is due to your responsibility. Your responsibility includes (1) the maintenance of ANY third-party information or data such as Domain Registrar details, passwords, login details, account settings, service configurations, DNS settings, domain renewal and/or registration dates, and (2) file integrity including any data, information, databases, email, files, multimedia, content and/or backups stored on the FastWebEngine network and servers. Such occurrences will not entitle you to a credit for interruption of the Service.

Links

Any links on the FastWebEngine website may allow you to leave the FastWebEngine website and go to other websites. The linked websites are not under the control of FastWebEngine, and FastWebEngine is not responsible for the content, the accuracy thereof or any other aspect of any liked sites or any link contained in a linked site. FastWebEngine reserves the right to terminate any links or linking program at any time. FastWebEngine does not endorse such links, companies or products, or information to which it links and reserves the right to note as such on its website. If you decide to access any of the third-party sites linked to the FastWebEngine website, you do this entirely at your own risk.

Warranty

FastWebEngine makes no warranties or representations of any kind for the Service offered. The Service is provided on an "as is" and "as available" basis without warranty of any kind, either express or implied, including but not limited to warranties of title, non-infringement, or implied warranties of merchantability or fitness for a particular purpose. Advice or information provided or given by FastWebEngine, its employees, agents and subcontractors does not create or constitute a warranty. FastWebEngine provides no warranty that the Service will be uninterrupted or error free or that any data, files, information, software or other material accessible on the Service is free from viruses or other harmful components. Under no circumstances shall FastWebEngine, its employees, agents and subcontractors be liable for any direct, indirect, special, consequential, or punitive damages that result in any way from your use of or inability to use the Service, or for third parties' use of the Service to access your Web space, account, or to access the Internet or any part thereof, or your or any third parties' reliance on or use of information, services, or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation or transmission, or any failure of performance.

  1. You assume total responsibility and risk for your use of the Service, your account and the Internet. It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, services and other information, and the quality and merchantability of the Service and/or merchandise provided through FastWebEngine or on the Internet.

  2. You understand that by placing data, files and information on FastWebEngine servers that such data, files and information becomes available to all Internet users and that FastWebEngine has no way of limiting or restricting access to such data, files or information or protecting such data, files or information from copyright infringement.

  3. If you are dissatisfied with the Service provided by FastWebEngine or any of its terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Service provided.

Indemnification

You agree to defend, indemnify, save and hold FastWebEngine, its employees, agents and subcontractors harmless from all demands, liabilities, losses, costs and claims, including any attorney's fees associated with your use of the Service, your publication of material or use of those materials. This includes Liabilities asserted against FastWebEngine, its subcontractors, its agents, its clients, servants, officers and employees, that may arise or result from services you have provided or performed or agreed to be performed or any products that you have sold, its agents, employee or assigns. You also agree to defend, indemnify and hold harmless FastWebEngine against Liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed over your website. This includes infringing on the proprietary rights of a third-party, copyright infringement, and delivering any defective product or misinformation which is detrimental to another person, organization, or business. FastWebEngine is not responsible for any damages arising from your use of the Service or by your inability to use the Service for any reason. Due to the public nature of the Internet, all information should be considered publicly accessible, and important or private information should be treated carefully. FastWebEngine is not liable for protection or privacy of email or other information transferred through the Internet or any other network provider that you may utilize.

Limitation of Liability

In no event (death or personal injury excepted) will FastWebEngine, its employees, agents and subcontractors be liable to you for any indirect, incidental or consequential damages arising out the Service, ANY services or any products provided by FastWebEngine under any agreement, even if you have been advised of the possibility of such damages. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion my not apply to you.

Non-Disclosure

FastWebEngine acknowledges that its relationship with you is one of high trust and confidence and that in the course of providing services for you it potentially will have access to and contact with proprietary or confidential Information. FastWebEngine, its employees, agents and subcontractors agree that, except as directed by you, will not at any time during or after the term of this website hosting agreement, disclose to others or use for its benefit or the benefit of others, any proprietary or confidential information. Likewise, you agree that you will not convey any proprietary or confidential information obtained about FastWebEngine to another party.

Alterations and Amendments

FastWebEngine reserves the right to update and change these Terms of Service from time to time, including without limitation, with respect to applicable fees and service charges. Further, FastWebEngine may, from time to time, revise or update the programs, services, and/or related material that may render all such prior versions obsolete. You are responsible for regularly reviewing these Terms of Service. Your continued use of the Service shall constitute your agreement to all Terms of Service and all amendments to these Terms of Service. You can always find the most recent version of these Terms of Service by accessing this web page.

Acceptance

By storing, transferring and maintaining files, data, email, databases and information on FastWebEngine servers you are demonstrating, stating and acknowledging that you have read, understand and agree to be bound by these Terms of Service.

Questions, Comments and Suggestions

We welcome your comments and questions regarding our policies. We are dedicated to providing the best possible hosting experience and appreciate your feedback. Please contact us if you have any questions, concerns or need further assistance.