Phastnet

Reliable Business Web Hosting Services

Terms of Service :: Internet Access

FAST AND RELIABLE WEB SITE HOSTING AND DEVELOPMENT
Reliable Business Web Hosting Services

PhastNet Terms of Service (TOS) - Internet Access

End User Terms of Service

PhastNet, Inc. ("PhastNet") agrees to provide you ("User") with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service.

Warranty Disclaimer

No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercize no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis.

Responsibility of Use

User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them.

Limitation of Liability

Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term.

Age Limit

User represents to us that he or she is 18 years of age or older. User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials

User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use

User understands that the following restrictions are applied to the service:

User may not:

  • Send SPAM, or bulk email when dialed into the network.
  • Post offensive, threatening, or SPAM, when using the newsgroups.
  • Use their personal FTP site for business sites.
  • Post or transmit viruses or any harmful component to others.
  • Transmit anything that is protected by copyright without permission.
  • Attempt to violate the security of any computer network
  • Engage in any illegal activity.

Dial-up Restrictions

User agrees to allow PhastNet to enforce a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service.

User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection.

User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the Internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account.

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time.

E-mail Restrictions (Dialup only)

  • User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own.
  • User may not send to more than 25 recipients at a time.
  • User may not send more than 100 emails per hour period.
  • User may not send from an email address that is not their own.
  • User may not send an email that is over 10 MB in size.
  • User may not forge message headers to hide the origin of their email.
  • Provider may block certain attachment types used in transmitting viruses.

Right to Cancel

We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, E-mail attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Customer Information

PhastNet will NOT share your personal information or anything related to your account to any third parties, unless required by court order, subpoena or other legal request, or upon the advice of counsel. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Terms of Payment

A credit card User agrees to allow "PhastNet" to bill his or her card on each successive billing date without obtaining User's permission after the initial charge. A credit card User shall notify PhastNet of any changes in credit card number or expiration date. If the card is not honored for any reason, PhastNet will attempt to notify the card holder by using the telephone information given at sign-up or by E-mail. PhastNet will call the card holder, and if alternative billing has not been established, the account will be terminated. Restoring the account may be subject to a setup fee of $10.00.

If payment is by check, payment due dates are indicated on User's invoice. Dishonored checks are subject to a collection fee to be determined by PhastNet in its sole and absolute discretion and User's account may be suspended until the account is current. If payment is not received, service will be terminated and a setup fee of $10.00 may be added to charges for additional Service.

PhastNet maintains the right to terminate Service for any unpaid subscriptions. Accounts in default are subject to an interest charge of 2.5% per month on the outstanding balance. Termination of Service shall not relieve User from the obligation to satisfy outstanding invoices. In the event PhastNet utilizes an attorney to collect any unpaid amounts, User shall be responsible for the payment of all of PhastNet's attorneys' fees and costs in the collection of these sums.

PhastNet reserves the right to change prices at any time without prior notice to it's customers or the public. Price changes will not be retroactive for existing customers, regardless of the length of their existing service subscription.

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Florida without regard to its conflicts of law provisions. Any cause of action User 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.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, we shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and PhastNet with respect to the Service.

PROMOTIONS
FREE
Domain Name
with all
E-commerce Web Hosting plans!

More Info

 

FREE
SETUP

on all Internet
access and web
hosting plans!

More Info

 

Save up to
15% OFF
when signing
up for more
than one month!

More Info


Accepting Visa, MasterCard, American Express, Discover, PayPal, and Checks
Live Help
My E-mail
My Account

Our Customer Care Team is dedicated to providing unparalleled customer service. In the unlikely event that your web site or Internet connection should not be functioning properly, you can count on us to provide a speedy resolution. That's what it means to be a reliable web site host and Internet access provider.