FastLink Network Service Agreement

The FastLink Network Service (the "Service") is an online information and communications service provided by FastLink Network, Inc. ("FastLink"), subject to your compliance with the terms and conditions set forth below including, all exhibits hereto. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICE. BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. FASTLINK NETWORK MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.

1. Operating Policies. You agree to comply with the Operating Policies set forth in Exhibit A which are the rules that govern your activity in connection with the Service as they may be amended by FastLink from time to time. FastLink has the right but not the obligation to remove any communications and materials that FastLink believes in its sole discretion violate the Operating Policies.


2. Copyright, Licenses and Idea Submissions. The entire contents of the Service are copyrighted under the United States copyright laws. The owner of the copyright is FastLink. You may print and download portions of material from the different areas of the Service solely for your own non-commercial use. You may make: (a) one machine readable copy, (b) one backup copy, and (c) one print copy of any portions of material downloaded from the different areas of the Service solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of FastLink or any third party information provider to the Service. You agree not to change or delete any proprietary notices from materials downloaded from the Service. You agree to grant to FastLink a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Service (such as bulletin boards, forums and newsgroups) by all means and in any media now known or hereafter developed. You also grant to FastLink the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against FastLink for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us.
   
   
3. Use of the Service. You understand that, except for information, products or services clearly identified as being supplied by FastLink, FastLink does not operate, control or endorse any information, products or services on the Internet in any way. Except for FastLink-identified information, products or services, all information, products and services offered through the Service or on the Internet generally are offered by third parties that are not affiliated with FastLink. You also understand that FastLink cannot and does not guarantee or warrant that files available for downloading through the Service will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Service for the reconstruction of any lost data. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICE AND THE INTERNET.  FASTLINK DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND FASTLINK SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. FASTLINK DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE AND THE SOFTWARE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS.

YOU UNDERSTAND FURTHER THAT THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOU ACCESS SUCH MATERIALS AT YOUR RISK. FASTLINK HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

IN NO EVENT WILL FASTLINK BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN IF FASTLINK OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, FASTLINK'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4. Indemnification. You agree to indemnify, defend and hold harmless FastLink, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Service using your Service account.



5. Payment.. All monthly recurring charges are billed one month in advance of Service. You agree to pay FastLink all charges relating to the use of your account(s) according to the current price schedule, INCLUDING A ONE-TIME SIGNUP FEE. If notice of a dispute as to charges is not received in writing by FastLink, within (30) days after the date of invoice, such invoice shall be deemed to be correct and binding upon Customer. You are responsible for all local and long-distance telephone charges for connecting to FastLink. You are also responsible for charges incurred with your paging company when used in conjunction with FastLink. You may terminate your service only upon written notice to FastLink. You agree that the monthly charge for the month in which service is terminated shall be forfeit as a cancellation charge. All fees associated with consulting, domain registration, domain parking, and search engine registration are due immediately and are non-refundable. If you fail to pay any charge when due, including, but not limited to, installation charges and InterNIC fees, or if you fail to perform or observe any other material term or condition of this Agreement, and such condition continues unremedied for thirty (30) days, you shall be in default and FastLink may terminate the Service to you.
   Credit Card Payment
   If payment is by credit card you authorize FastLink to bill your credit card every month in advance of services used. You are responsible for any additional charges at the time the service is used and FastLink may apply the amount due to your credit card at any time. You may not place orders, or attempt to pay for FastLink services using any expired, false or unauthorized credit card, or false or unauthorized bank or credit union information, and must promptly inform FastLink of any of the following:
   Changes to the expiration date of any credit card you use in connection with FastLink.
   Changes to your billing address and or your home address.
   Changes to your contact phone number.
   Apparent breaches of security, such as loss, theft, or unauthorized disclosure or use of a credit card, bank account, ID or password.
   FastLink reserves the right to suspend access to service for your account(s) upon an indication of credit problems including delinquent payments or rejection of any credit card charges.
   



6. Third Party Rights. The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of FastLink and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly you on its own behalf.
   


7. Term; Termination. This Agreement may be terminated by either party upon written notice to the other. Termination notice must be submitted by U.S. mail to
   
   ATTENTION CANCELLATION
   FastLink Network, Inc.
   P.O. Box 2907
   Hollywood, CA 90078-2907
   
   email to cancel@fastlink.net
   
   or faxed to 323-860-7065.
   The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 6 (Miscellaneous) shall survive any termination of this Agreement.
   


8. Miscellaneous. This Agreement shall all be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree and hereby certify that more than ten percent (10%) of the use of the Service is interstate (outside the state) in nature. You agree that any legal action or proceeding between FastLink and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. FastLink's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. . FastLink may assign its rights and duties under this Agreement to any party at any time without notice to you.

EXHIBIT A

OPERATING POLICIES

Your participation in on-line communications occurs in real time and is not edited, censored, or otherwise controlled by FastLink. FastLink cannot and does not screen content provided by users of the Service. Notwithstanding the foregoing, FastLink reserves the right to monitor content on the Service and to remove content which FastLink, in its sole discretion, determines to be harmful, offensive, or otherwise in violation of these Operating Policies. In order to maintain an informative and valuable service that meets the needs of the users of the Service and avoids the harm that can result from disseminating statements that are false, malicious, violate of the rights of others, or otherwise harmful, it is necessary to establish the following rules to protect against abuse: