Please read this Legal Notice 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. FASTWYRE may modify these Terms and Conditions at any time, and such modifications shall be effective immediately upon posting of the modified Terms and Conditions. You agree to review the Terms and Conditions 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 Terms and Conditions.
1. Operating Policies.
You agree to comply with the Terms and Conditions set forth which are the rules that govern your activity in connection with the Service. Fastwyre has the right but not the obligation to remove any communications and materials that Fastwyre believes in its sole discretion violate the Terms and Conditions.
2. Copyright, Licenses, and Idea Submissions.
The entire contents of the Service are copyrighted under the Trademark names and copyright are property of their respective owners. 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 Fastwyre 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 Fastwyre 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 Fastwyre 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 Fastwyre 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 Fastwyre, Fastwyre does not operate, control, or endorse any information, products or services on the Internet in any way. Except for Fastwyre -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 Fastwyre. You also understand that Fastwyre 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 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. Fastwyre 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 Fastwyre 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. Fastwyre does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service 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. Fastwyre has no control over and accepts no responsibility whatsoever for such materials.
In no event will American Broadband be liable for
- 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 or hyperlinked from the Service, even if Fastwyre or its authorized representatives have been advised of the possibility of such damages, or
- any claim attributable to errors, omissions, or other inaccuracies in the Service and/or materials or information downloaded through, or hyperlinked from, 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, Fastwyre’ liability is limited to the greatest extent permitted by law.
You agree to indemnify, defend, and hold harmless American Broadband, 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 by you.
5. Third Party Rights.
The provisions of paragraphs 3 (Use of the Service), and 4 (Indemnification) are for the benefit of Fastwyre 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 against you on its own behalf.
6. Term; Termination.
This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Service after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses, and Idea Submissions), 3 (Use of the Service), 4 (Indemnification), 5 (Third Party Rights) and 7 (Miscellaneous) shall survive any termination of this Agreement.
This Agreement shall all be governed and construed in accordance with the laws of the State applicable to agreements made and to be performed in said state. You agree that any legal action or proceeding between Fastwyre 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 the state of our Service. 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. Fastwyre’ 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. Fastwyre may assign its rights and duties under this Agreement to any party at any time without notice to you.