Last Updated: October 1, 2019
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Terms of Service Agreement (this “Agreement”) is entered into by and between FastMarkIt LLC (“FastMarkIt”) and You, and is made effective as of the date of Your use of this website (“Site”) or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of Your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”), including web hosting, website design, and customer support.
Whether You are simply browsing or using this Site or purchase Services, Your use of this Site and Your electronic acceptance of this Agreement signifies that You have read, understand, acknowledge and agree to be bound by this Agreement.
The terms “we”, “us” or “our” shall refer to FastMarkIt. The terms “You”, “Your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to Your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
FastMarkIt may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute Your acceptance of this Agreement as last revised. If You do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, FastMarkIt may occasionally notify You of changes or modifications to this Agreement by email. It is therefore very important that You keep Your account (“Account”) information current. FastMarkIt assumes no liability or responsibility for Your failure to receive an email notification if such failure results from an inaccurate email address.
- ELIGIBILITY; AUTHORITY
This Site and the Services are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services, You represent and warrant that You are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If You are entering into this Agreement on behalf of a corporate entity, You represent and warrant that You have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms “You”, “Your”, “User” or “customer” shall refer to such corporate entity. If, after Your electronic acceptance of this Agreement, FastMarkIt finds that You do not have the legal authority to bind such corporate entity, You will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. FastMarkIt shall not be liable for any loss or damage resulting from FastMarkIt’s reliance on any instruction, notice, document or communication reasonably believed by FastMarkIt to be genuine and originating from an authorized representative of Your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, FastMarkIt reserves the right (but undertakes no duty) to require additional authentication from You. You further agree to be bound by the terms of this Agreement for transactions entered into by You, anyone acting as Your agent and anyone who uses Your account or the Services, whether or not authorized by You.
- COMPATABILITY WITH THE SERVICES; DATA CONSENT
You agree to cooperate fully with FastMarkIt in connection with FastMarkIt’s provision of the Services. It is solely Your responsibility to provide any information that may be necessary for Your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon Your performance of Your obligations, FastMarkIt is not responsible for any delays due to Your failure to timely perform Your obligations.
You are solely responsible for ensuring that all Your content is compatible with the software used by FastMarkIt to provide the Services, which may be changed by FastMarkIt from time to time in our sole discretion.
You are solely responsible for backing up all Your content, including but not limited to, Your websites. FastMarkIt does not warrant that we will have a back up any content, and You agree to accept the risk of loss of any and all Services content.
- AVAILABILITY OF WEBSITE/SERVICES
Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to You or any other party with regard thereto.
- GENERAL RULES OF CONDUCT
You acknowledge and agree that:
- Your use of this Site and the Services , including any content You submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
- You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.
- You will not use this Site or the Services in a manner (as determined by FastMarkIt in its sole and absolute discretion) that:
- Is illegal, or promotes or encourages illegal activity;
- Promotes, encourages or engages in child pornography or the exploitation of children;
- Promotes, encourages or engages in terrorism, violence against people, animals, or property;
- Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that You owe to another User or any other person or entity;
- Interferes with the operation of this Site or the Services found at this Site;
- Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
- Contains false or deceptive language, defamatory statements or unsubstantiated or comparative claims, regarding FastMarkIt or FastMarkIt’s Services.
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by FastMarkIt.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not access FastMarkIt Content (as defined below) or User Content through any technology or means other than through this Site itself, or as FastMarkIt may designate.
- You agree to back-up all of Your User Content so that You can access and use it when needed. While FastMarkIt engineers do implement an internal backup system under the Services, FastMarkIt does not warrant that it backs-up any Account or User Content, and You are ultimately responsible for You User Content and You agree to accept as a risk the loss of any and all of Your User Content.
- You will not re-sell or provide the Services for a commercial purpose, including any of FastMarkIt’s related technologies, without FastMarkIt’s express prior written consent.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- You are aware that FastMarkIt may from time-to-time call You about Your account, and that, for the purposes of any and all such call(s), You do not have any reasonable expectation of privacy during those calls; indeed You hereby consent to allow FastMarkIt, in its sole discretion, to record the entirety of such calls regardless of whether FastMarkIt asks You on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which FastMarkIt is a party.
FastMarkIt reserves the right to modify, change, or discontinue any aspect of this Site or the Services, including without limitation prices and fees for the same, at any time.
FastMarkIt maintains a strong security maintenance program under the Services. However, You maintain responsibility for all activities that occur under the account and any other actions taken in connection with the site. You must immediately notify FastMarkIt of any unauthorized uses of Your site, Your account or any other breaches of security. FastMarkIt will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. You also agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any FastMarkIt Content) or enforce limitations on the use of this Site or the Services found at this Site and the FastMarkIt Content therein.
- USER CONTENT
Some of the features of this Site or the Services may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). You shall be solely responsible for any and all of Your User Content or User Content that is submitted through Your Account, and the consequences of, and requirements for, distributing it. By posting or publishing User Content to this Site or to the Services, You represent and warrant to FastMarkIt that (i) You have all necessary rights to distribute User Content via this Site or via the Services, either because You are the author of the User Content and have the right to distribute the same, or because You have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You must not describe or assign keywords on a website created under the Services in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and FastMarkIt may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause FastMarkIt liability.
FastMarkIt reserves the right (but undertakes no duty) to pre-screen User Content and decide whether any item of User Content is appropriate and/or complies with this Agreement. FastMarkIt may remove any item of User Content and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by FastMarkIt in its sole and absolute discretion), at any time and without prior notice. FastMarkIt may also terminate a User’s access to this Site or the Services found at this Site if FastMarkIt has reason to believe the User is a repeat offender. If FastMarkIt terminates Your access to this Site or the Services found at this Site, FastMarkIt may, in its sole and absolute discretion, remove and destroy any data and files stored by You on its servers.
For any additional photographs You add to Your website after the Domain Name’s servers point to FastMarkIt, it is Your responsibility to ensure You have the full rights to use the photographs for their intended purpose and FastMarkIt is absolved of all legal issues that may arise due to Client utilizing an image without the full rights to said image.
- THIRD PARTY ACCESS
Some of FastMarkIt’s Services may require You to give us access to or require You to provide login information and password information for accounts or services You may have with third party providers. When You provide this information to FastMarkIt or give FastMarkIt access to these third party accounts, You agree that You have read all contracts and written agreements governing such access, login information and passwords and that You have all the necessary contractual and legal rights to give us such access, login information and passwords. In addition, for certain Services, You grant FastMarkIt permission to create and submit content on Your behalf to press release news outlets, directories, search engines, social media outlasts, and other destinations.
- ADDITIONAL RESERVATION OF RIGHTS
FastMarkIt expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by FastMarkIt in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by FastMarkIt in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against You and/or Your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of FastMarkIt, its officers, directors, employees and agents, as well as FastMarkIt’s affiliates, including, but not limited to, instances where You have sued or threatened to sue FastMarkIt.
FastMarkIt expressly reserves the right to terminate, without notice to You, any and all Services where, in FastMarkIt’s sole discretion, You are harassing or threatening FastMarkIt and/or any of FastMarkIt’s employees.
- NO SPAM; LIQUIDATED DAMAGES
No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:
- Email Messages
- Newsgroup postings
- Windows system messages
- Pop-up messages (aka “adware” or “spyware” messages)
- Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
- Online chat room advertisements
- Guestbook or Website Forum postings
- Facsimile Solicitations
- Text/SMS Messages
We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, You must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but You must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.
If we determine the Services are being used in association with spam, we will re-direct, suspend, or cancel any web site hosting, domain registration, email boxes or other applicable services for a period of no less than two (2) days. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We will require a non-refundable reactivation fee to be paid before the site, email boxes and/or services are reactivated. In the event we determine the abuse has not stopped after the Services have been restored the first time, we may terminate the hosting and email boxes associated with the domain name in question.
We encourage You and recipients of email generated from our Services to report suspected spam.
Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then You agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with Your Account.
- INTELLECTUAL PROPERTY
This Agreement does not transfer, from FastMarkIt to You, any FastMarkIt or third party intellectual property, including, but not limited to, any logos designed or authored by FastMarkIt for you under the Services. All right, title and interest in and to such property will remain (as between the parties) solely with FastMarkIt. FastMarkIt, FastMarkIt.com, the FastMarkIt logo, and all other trademarks, service marks, graphics and logos used in connection with FastMarkIt.com, or the Website are owned by FastMarkIt. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants You no right or license to reproduce or otherwise use any FastMarkIt or third-party trademarks.
- TRADEMARK AND/OR COPYRIGHT CLAIMS
FastMarkIt supports the protection of intellectual property. It is FastMarkIt’s policy to provide for the termination, in appropriate circumstances, of FastMarkIt customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property.
- LINKS TO THIRD-PARTY WEBSITES
This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by FastMarkIt. FastMarkIt assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, FastMarkIt does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, You expressly release FastMarkIt from any and all liability arising from Your use of any third-party website. Accordingly, FastMarkIt encourages You to be aware when You leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that You may visit.
- DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You specifically acknowledge and agree that your use of this site and the services found at this site shall be at your own risk and that this site and the services found at this site are provided “as is”, “as available” and “with all faults”. FastMarkIt, its officers, directors, employees, agents, and all third party service providers disclaim all warranties, statutory, express or implied, including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. FastMarkIt, its officers, directors, employees, and agents make no representations or warranties about (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and/or (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, and FastMarkIt assumes no liability or responsibility for the same.
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by FastMarkIt, its officers, directors, employees, or agents (including without limitation its call center or customer service representatives), and third party service providers will (i) constitute legal or financial advice or (ii) create a warranty of any kind with respect to this site or the services found at this site, and users should not rely on any such information or advice.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.
- LIMITATION OF LIABILITY
In no event shall FastMarkIt, its officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not FastMarkIt is advised of the possibility of such damages.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall FastMarkIt’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.
You agree to protect, defend, indemnify and hold harmless FastMarkIt and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by FastMarkIt directly or indirectly arising from (i) Your use of and access to this Site or the Services found at this Site; (ii) Your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) Your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or Your use of this Site or the Services found at this Site.
- FEES AND PAYMENTS
General Terms. Paid services are available on the Website. By selecting a paid service You agree to pay FastMarkIt the monthly or annual subscription fees indicated for that service. Payments will be charged on a pre-pay basis on the day You sign up for a paid service and will cover the use of that service for a monthly or annual subscription period as indicated.
If You decide FastMarkIt is not the right solution for You before Your first draft is built, we will refund Your full amount. If You choose to end Your monthly or annual subscription, all work and technical support for Your website will cease. Your website will remain as-is until the end of Your subscription period.
Automatic Renewal. Unless You notify FastMarkIt before the end of the applicable subscription period that You want to cancel a service, Your subscription will automatically renew and You authorize us to collect the then-applicable annual or monthly subscription fee for such service using any credit card or other payment mechanism we have on record for You. Services can be canceled at any time by emailing FastMarkIt at email@example.com.
- CONTACT INFORMATION
If you have any questions about this Agreement, please contact us by email or regular mail at the following address:
1540 W 67th Ave
Denver, CO 80221