This Terms of Service ("TOS") sets forth the terms and conditions of your use of "Fast Content Delivery LTD" hosting services, e-commerce and other Internet-related services.
In this Agreement "you" and "your" refer to the customer and "we", "us" and "our" refer to "Fast Content Delivery LTD".
By selecting our service(s) you have agreed to establish an account with us for such services.
By using the service(s) provided by us under this TOS, you acknowledge that you have read fully and agree to be bound by all terms and conditions of this TOS, and any pertinent rules or policies that are or may be published by "Fast Content Delivery LTD".
1. Use of Services
You may use our Services, provided that you are of legal age to form a binding contract and are not a person barred
from receiving services under international laws . In order to access or use any of the Services, you are required to
provide current and accurate identification, contact, and other details as part of the registration process.
You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible
for all activities that occur under your account. You are solely responsible for all content within your account.
You agree to immediately notify "Fast Content Delivery LTD" of any unauthorized use of your account or any other breach
of security. "Fast Content Delivery LTD" will not be liable for any loss or damage arising from your failure to provide us
with accurate information or to keep your account secure.
2. Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using the Services. You will not engage in any activity that interferes with or disrupts "Fast Content Delivery LTD" Services or networks connected to "Fast Content Delivery LTD".
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund "Fast Content Delivery LTD" reserves all rights to suspend immediately or preventive all services which are in violation of any laws or agreements made between "Fast Content Delivery LTD" and the Customer.
a) Any intentional misuse of network and system resources, including but not limited to employing programs or application that consume excessive network capacity, CPU cycles, or disk IO.
b) Spam and Unsolicited Bulk Email (UBE): "Fast Content Delivery LTD" has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of "Fast Content Delivery LTD" Services whether or not the message actually originated from our network.
Mailing Lists: "Fast Content Delivery LTD" mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
c) Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
d) "Fast Content Delivery LTD" and the Services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information on the disk or RAM memory, data or material in violation of International law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. "Fast Content Delivery LTD" services may not be used to facilitate infringement of these laws in any way.
e) Other Activities viewed as Illegal or Harmful: Engaging in illegal activities (including phishing / hacking activity) or engaging in activities harmful to the operations of "Fast Content Delivery LTD" or "Fast Content Delivery LTD" customers.
f) You shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with "Fast Content Delivery LTD". Customers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
g) "Fast Content Delivery LTD" does not prohibit the use of distributed, peer to peer network services such as Tor, nor does "Fast Content Delivery LTD" routinely monitor the network communications of customer "Fast Content Delivery LTD" as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Service. Any usage that prompts the receipt of abuse complaints pertaining to violation of International copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
4. Force Majeure
"Fast Content Delivery LTD" shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control (any Force majeure events or accidents.), including but not limited to: war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay "Fast Content Delivery LTD" performance.
5. Payment for Our Services
5.1. Service Fees.
All payments need to be paid on time.
A payment reminder shall be delivered to you by email about 7 working days before your payment due date.
You are required to remit payment to "Fast Content Delivery LTD" not later than the due date or your account will be suspended.
Any account that is unpaid 10 days after the due date is at risk of termination and/or extra fees.
Accounts that remain deactivated for 30 days will be deleted without notice.
5.2. Cancellation of services
Cancelled and/or terminated accounts will be deleted within 48 hours and without backup provisions.
Refunds for shared accounts under 7-day money back guarantee will be made within 24 hours of account cancellation.
In the event of the cancelation of a service after the 7-day time period partial refunds may be issued depending on circumstance, all decisions on such matters made by us are considered final.
No refunds are offered on Virtual Private Servers (VPS) or Dedicated Servers, Setup Fees, Domain Registration, SSL certificates, Dedicated IP addresses, or Software licenses.
5.3. Violations and Refunds
Any account that has been deactivated for any violation or non-payment will not be eligible for the 7-day money back guarantee.
No refunds will be provided for any pre-paid fees in cases of account deactivation due to violation of our Terms of Service.
No refunds will be provided for unexpected downtimes and maintenance.
"Fast Content Delivery LTD" reserve the right to revise our prices at any time.
If you have chosen to pre-pay for your account, the cost of the service already paid for will not be affected by any price changes whether they are raised or lowered.
However, once your account is due for renewal, the new prices will be applicable.
6. Modifications to Active-Venture's Terms of Service.
You agree, during the period of this TOS, that we may:
Revise the terms and conditions of this TOS; and
Change the services provided under this TOS, at any time.
Any such revision or change will be binding and effective immediately on posting of the revised TOS or change to the service(s) on "Fast Content Delivery LTD" web site, and/or on notification to you by email.
You agree to review "Fast Content Delivery LTD" web site, including the TOS, periodically to be aware of any such revisions.
If you do not agree with any revision to the TOS, you may terminate your account at any time.
Notice of your termination will be effective on receipt and processed by us.
You agree that, by continuing to use "Fast Content Delivery LTD" services following notice of any revision to this TOS or change in service(s), you abide by any such revisions or changes.
Your continued use of our services shall constitute your acceptance of this TOS with the new modifications.
You acknowledge that if you do not agree to any of such changes, you may request that your account be cancelled.
You agree that such cancellation will be your exclusive remedy if you do not wish to abide by any changes to this TOS.
7. Limitation of Liability
YOU AGREE THAT "Fast Content Delivery LTD" WILL NOT BE LIABLE FOR ANY...
USE OF YOUR WEB HOSTING ACCOUNT;
INTERRUPTION OF BUSINESS;
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU HAVE HOSTED ON OUR SERVER;
LOSS OR LIABILITY RESULTING FROM ACTS OF GOD;
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
EVENTS BEYOND OUR CONTROL;
THE PROCESSING OF THIS APPLICATION;
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
"Fast Content Delivery LTD" ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Right Of Refusal
"Fast Content Delivery LTD", at our sole discretion, reserve the right to refuse or cancel any service provided to you, or to delete your account within five (5) calendar days from receipt of your payment for our services.
In the event we do not accept your request of our service, or we delete your account within such five (5) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for any loss or damages that may result from our refusal to accept your request for our services.