Products and Services
Los Angeles Times
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.
- 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.
- 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.
- 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"
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.
- 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.
- 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.
- 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.
- 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
FastLink Network, Inc.
P.O. Box 2907
Hollywood, CA 90078-2907
email to email@example.com
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.
- 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.
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:
||You may not post or transmit any message anonymously
or under a false name.
||You may not post or transmit any message which is libelous,
defamatory or which discloses private or personal matters concerning any
person. You may not post or transmit any message, data, image or program
which is indecent, obscene or pornographic.
||You may not post or transmit any message, data, image
or program that would violate the property rights of others, including
unauthorized copyrighted text, images or programs, trade secrets or other
confidential proprietary information, and trademarks or service marks used
in an infringing fashion.
||You may not interfere with other users use of the Service.
||You may not post or transmit any file which contains
viruses, worms, "Trojan horses" or any other contaminating or
||You may not post or transmit any message which is harmful,
threatening, abusive or hateful. It is not the Service's intent to discourage
you from taking controversial positions or expressing vigorously what may
be unpopular views; however, FastLink reserves the right to take such action
as it deems appropriate in cases where the Service is used to disseminate
statements which are deeply and widely offensive and/or harmful.
||You may not post or transmit charity requests, petitions
for signatures, chain letters or letters relating to pyramid schemes. You
may not post or transmit any advertising, promotional materials or any
other solicitation of other users of the Service for goods or services
except in those areas (e.g., a classified bulletin board) that are designated
for such purpose.
||You may not post or list articles which are off-topic
according to the description of the group or list or send unsolicited mass
emailings to more than twenty-five (25) email users, if such unsolicited
emailings provoke complaints from the recipients.
||You may not use the facilities and capabilities of the
Service to conduct any activity or solicit the performance of any illegal
activity or other activity which infringes the rights of others.
||You must maintain accurate information on any domain name used in conjunction with the service and maintain the technical contact with an authorized FastLink Network e-mail address.