FastVM may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.FastVM does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. FastVM is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction. FastVM as Reseller or Licensor FastVM may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-FastVM Products"). FastVM shall not be responsible for any changes in the Services that cause any Non-FastVM Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-FastVM Products, either sold, licensed or provided by FastVM to you will not be deemed a breach of FastVM's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-FastVM Product are limited to those rights extended to you by the manufacturer of such Non-FastVM Product. You are entitled to use any Non-FastVM Product supplied by FastVM only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-FastVM Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-FastVM Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations. The Services may contain links to other websites that are not owned or controlled by FastVM ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate. Prohibited Persons (Countries, Entities, And Individuals). The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, FastVM also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services. Account Security and FastVM Systems. It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account. The Services, including all related equipment, networks and network devices are provided only for authorized customer use. FastVM may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes. Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. FastVM may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by FastVM of an issue, we reserve the right to leave access to services disabled. FastVM reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice. HIPAA Disclaimer. We are not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. FastVM does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that FastVM is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact [email protected] Compatibility with the Services You agree to cooperate fully with FastVM in connection with FastVM's provision of the Services. It is solely your responsibility to provide any equipment or software 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, FastVM is not responsible for any delays due to your failure to timely perform your obligations. You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by FastVM to provide the Services, which may be changed by FastVM from time to time in our sole discretion. You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. FastVM does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content. Billing and Payment Information Prepayment. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account. Autorenewal. Unless otherwise provided, you agree that until and unless you notify FastVM of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us. Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to FastVM's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated. Late Payment. All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, FastVM may suspend or terminate your account and pursue the collection costs incurred by FastVM, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. FastVM will not activate new orders or activate new packages for customers who have an outstanding balance on their account. Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. It is solely your responsibility to notify FastVM's Billing department via a support ticket created from http://support.FastVM.io after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and FastVM is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date. Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. FastVM may report any such misuse or fraudulent use, as determined in FastVM's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies. Invoice Disputes. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance. Payment Card Industry Security Standard Disclaimer. FastVM complies with the Payment Card Industry Security Standard ("PCI Standard") in connection with the collection and processing of our customer's data and billing information. However, you are solely responsible for the security of the data and billing information on your User Website. FastVM does not monitor User Websites for PCI compliance and we are not able to verify whether a User Website complies with the PCI Standard. Dedicated Servers. There are no refunds on all services, except if there's an obvious problem. You may terminate or cancel the Services by giving FastVM written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) FastVM may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." FastVM will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in EU Euro and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and FastVM is not responsible for any change in exchange rates between the time of payment and the time of refund. FastVM may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm FastVM or others or cause FastVM or others to incur liability, as determined by FastVM in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, FastVM shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, FastVM may charge you for all fees due for the Services for the remaining portion of the then current term. UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED. All use of hosting space provided by FastVM is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. FastVM expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. FastVM may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of FastVM's terms and conditions. Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased. Bandwidth Usage. Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel. Uptime Guarantee.
FastVM does not tolerate illegal activities like DDoS Attacks, IP Header Spoofing, DDoS stress test (Dstat), BruteForce, and everything related to violations of the law. Any abuse or suspicious activity detected, the service will be immediately suspended. FastVM shall not be responsible for any damages your business may suffer. FastVM makes no warranties of any kind, expressed or implied for the Services. FastVM disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by FastVM or our employees. Backups and Data Loss Your use of the Services is at your sole risk. FastVM's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at FastVM's sole discretion. FastVM does not maintain backups of dedicated accounts. FastVM is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on FastVM's servers. Any shared account using more than 20 gigs of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.