Terms of Service

IMPORTANT NOTICE: All Payments To FastServers.Net, Inc. Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!

FastServers.Net ("The Company") agrees to furnish services to the client, subject to the following TOS (Terms of Service).

Use of FastServers.Net Service constitutes acceptance and agreement to FastServers.Net's AUP, FastServers.Net's TOS (Terms of Service) as well as FastServers.Net (Service Level Agreement).

All provisions of this contract are subject to the TOS (Terms of Service) of FastServers.Net, AUP (Acceptable Use Policy) and FastServers.Net (Service Level Agreement). The AUP may be changed from time to time at the discretion of the Company. Client understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment

This Agreement shall be construed in all respects in accordance with the laws of the state of Iowa, county of Black Hawk applicable to contracts enforceable in that state. Venue will be Black Hawk County, Iowa

The AUP specifically prohibits the use of our service for illegal activities. Therefore, Client agrees that the Company may disclose any and all Client information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Client. In addition FastServers.Net shall have the right to terminate all service set forth in this Agreement

Cancellations:
Requests for cancellation must be submitted online through your Pentagon account at https://penatgon.fastservers.net using the “Online Service Cancellation” tool.

Payment:
Establishment of this service is dependant upon receipt by FastServers, Inc. of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, wire transfer, check, or money order. Customers are responsible for any additional transaction fees that coincide with any payment methods. Checks, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by FastServers, Inc. in a timely manner.

The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.

Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.

If a check is returned for any reason, the account will be assessed a $25 service charge. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. OR copy and past this:

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for any reason including non payment, abuse, or requested cancellation is subject to a $100.00 reconnect charge. If a check is returned for any reason, the account will be assessed a $25.00 service fee. If payment for the returned check amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by FastServers.Net will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50.00 nor more than $150.00. If you desire to cancel your account, please use https://pentagon.fastservers.net.

Invoicing:
FastServers, Inc. does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via check, money order, or wire transfer will have their invoices emailed, by default, 15 days prior to the invoice due date. Client can request these invoices to be sent prior to 15 days, but no more then 30 days, from the invoice due date.

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. Service interrupted for any reason including nonpayment, abuse, or requested cancellation is subject to a $100.00 reconnect charge. Accounts that are not collectable by FastServers, Inc. will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please use https://pentagon.fastservers.net.

Refund and Disputes: All payments after the initial 30 days of service to FastServers, Inc., Inc. are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in FastServers, Inc.'s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay FastServers, Inc. an "Administrative Fee" of not less than $50 and not more than $150. Subscription PayPal payments that are not cancelled at the time of your FastServers cancellation will be refunded less any fees and the subscription payment will be cancelled by the Company.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via check including eCheck have cleared.

Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.

Support Boundaries: FastServers.Net, provides 24/7 technical support to our Clients. We limit our technical support to our area of expertise. The following is our guidelines when providing support: FastServers.Net provides support related to your server or functioning. FastServers.Net does not offer tech support for application specific issues such as cgi programming, html or any other such issue. FastServers.Net does not provide technical support for YOUR Clients. If you can email, we encourage you to email support@fastservers.net or utilize the online ticket system https://pentagon.fastservers.net for assistance. Any request of technical support warrants the possibility of being charge a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of FastServers.Net is required to login to your server to provide support, system administration fees can be applied to your account

SPAM and Unsolicited Commercial Email (UCE): FastServers.Net takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of FastServers.Net may not use or permit others to use our network to transact in UCE. Clients of FastServers.Net may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service

Violation of FastServers.Net's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, FastServers.Net will initiate an immediate investigation (within 48 hours of notification). During the investigation, FastServers.Net may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, FastServers.Net may, at its sole discretion, restrict, suspend or terminate customer's account. Further, FastServers.Net reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. FastServers.Net will notify law enforcement officials if the violation is believed to be a criminal offense

First violations of this policy will result in an "Administrative Fee" of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $175 per hour that FastServers.Net personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.

As our Clients are ultimately responsible for the actions of their clients over the FastServers.Net network, it is advisable that Clients develop a similar, or stricter, policy for their clients.

Network

IP Address Ownership: If FastServers.Net assigns Customer an Internet Protocol address allocation for Customer's use, the right to use that Internet Protocol address shall belong only to FastServers.Net, and Customer shall have no right to use that Internet Protocol address except as permitted by FastServers.Net in its sole discretion in connection with the Services, during the term of this Agreement. FastServers.Net shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by FastServers.Net, and FastServers.Net reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. FastServers.Net views IPs as a scarce resource. As a result of this, our IP justification policies have been revised to not accept IP-based non-SSL web hosting as sufficient justification for new IP address requests. The Customer MUST use name-based hosting where possible. FastServers.Net reserves the right to request an audit of Customer IP allocation justification upon request, and if it is found that IP addresses are being used for IP-based hosting where name-based hosting could be used, FastServers.Net reserves the right to revoke the Customer's right to use those IP allocations.

Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an "overage" as detailed on the FastServers.Net website. FastServers.Net will monitor Customer's bandwidth via MRTG. FastServers.Net shall have the right to take corrective action if Customer's bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in FastServers.Net's sole and absolute discretion. If FastServers.Net takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, FastServers.Net may, at its sole discretion, collect a deposit, in an amount determined by FastServers.Net, against customer's credit card on file with FastServers.Net.

System and Network Security: Users are prohibited from violating or attempting to violate the security of the FastServers.Net Network. Violations of system or network security may result in civil or criminal liability. FastServers.Net will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing"

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting

Taking any action in order to obtain services to which such User is not entitled.

Addition of IP addresses that have not been specifically assigned to the server

Notification of Violation: FastServers.Net is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.

First violation: Any User, which FastServers.Net determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at FastServers.Net's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations

Second Violation: Users that FastServers.Net determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your network or a customer's network, or if denial of service attacks are originating from your network. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Suspension of Service or Cancellation: FastServers.Net reserves the right to suspend network access to any customer if in the judgment of the FastServers.Net network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which FastServers.Net chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

FastServers.Net reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of FastServers.Net must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of your clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: FastServers.Net wishes to emphasize that in agreeing to the FastServers.Net Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies FastServers.Net for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to FastServers.Net or the bringing of any claim against FastServers.Net by any third-party. This means that if FastServers.Net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against FastServers.Net, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation

FastServers.Net takes no responsibility for any material input by others and not posted to the FastServers.Net Network by FastServers.Net. FastServers.Net is not responsible for the content of any other websites linked to the FastServers.Net Network; links are provided as Internet navigation tools only. FastServers.Net disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

FastServers.Net is not responsible for any damages your business may suffer. FastServers.Net does not make implied or written warranties for any of our services. FastServers.Net denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by FastServers.Net.

Responsibility for Content: You, as FastServers.Net's customer, are solely responsible for the content stored on and served by your FastServers.Net server.