Terms of Service
Last modified: April 5, 2011
Please read the following carefully before using this site or obtaining services through this site. By using the services of onfast.com ("Service"), the web site of OnFast, LLC ("OnFast"), you are agreeing to be bound by the following terms and conditions ("Terms of Service"). Use of the Service is also subject to our Privacy Policy. By using the Service, you are agreeing to be bound by the terms and conditions in our privacy policy.
If you violate the letter or spirit of the Terms of Service, or otherwise create risk or possible legal exposure for us, we can stop providing all or part of the Service to you.
While OnFast makes all reasonable efforts to prohibit the posting of objectionable Content on our web site, you understand and agree that we cannot be, and are not, responsible for the Content posted on the onfast.com web site by OnFast users. As such, you acknowledge and agree that you may be exposed to objectionable Content. For purposes of the Terms of Service, "Content" means anything posted on the OnFast web site by an OnFast Service user.
BASIC TERMS
1. You must be 18 years or older to use this Service.
2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.
3. You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
4. Your login may only be used by one person - a single login shared by multiple people is not permitted.
5. You are responsible for maintaining the security of your account and password and preventing others from accessing your account, or do anything else that might jeopardize the security of your account. OnFast cannot and shall not be liable for any loss or damage from your failure to comply with this security obligation.
6. You are responsible for any and all uses of the Service that occur under your account.
7. You are responsible for all Content posted and activity that occurs under your account.
8. One person or legal entity may not maintain more than one free account.
9. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
OnFast LLC
10. You may not use the Service to make false, fraudulent or speculative offers or claims.
11. You must not abuse, harass, threaten, impersonate or intimidate any OnFast user, employee, member, or officer.
12. We reserve the right to refuse access to the Service to anyone for any reason at any time.
13. We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violate any party's intellectual property or the Terms of Service.
PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING TERMS
1. A valid credit card is required for paying accounts. Accounts in free trial are not required to provide a credit card number.
2. An upgrade from the free trial to any paying plan will end your free trial. You will be billed for your first month once the 30 day trial expires..
3. The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
4. Fees are exclusive of taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only applicable United States (federal or state) sales taxes (if any).
5. For any upgrade or downgrade in plan level, unless otherwise indicated by you, the credit card that you used to open your OnFast account will automatically be charged the new rate on your next billing cycle.
6. Downgrading your Service may cause the loss of Content, features, or capacity of your account. OnFast does not accept, and specifically disclaims, any liability for such loss.
CANCELLATION AND TERMINATION
1. You are solely responsible for properly canceling your account. You can cancel your account at any time by contacting OnFast at 1-866-MYONFAST or info@onfast.com.
2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your account is cancelled even if you later decide to reinstitute your account.
3. If you cancel the Service before the end of your current paid-up month, your cancellation will take effect immediately. You will not be charged again and you will not receive a refund for any partial month.
4. OnFast, in its sole discretion, has the right to suspend or terminate your account and refuse you any and all current or future use of the Service, or any other OnFast service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account, your access to the account, and forfeiture and relinquishment of all Content in your account.
MODIFICATIONS TO THE SERVICE AND PRICES
1. We reserve the right at any time and from time to time to update, modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2. We reserve the right to alter the Terms of Service at any time. If the alterations constitute a material change to the Terms of Service, we will notify you via a message to your account or via internet mail according to the preference expressed on your account. What constitutes a "material change" will be determined at our sole discretion, in good faith and using common sense and reasonable judgment.
3. Prices of all Services, including but not limited to monthly subscription plan fees, are subject to change upon 30 days' prior written notice from us to you. Notice of price changes may be provided to you by posting the changes to the OnFast web site (onfast.com) or by means of a message to your account.
4. Continued use of the Service by you after any update or change shall constitute your consent to, and acceptance of, the update or change.
5. OnFast shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
COPYRIGHT AND CONTENT OWNERSHIP
1. All Content posted on the Service must comply with U.S. copyright laws.
2. We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded by you remain yours. However, by setting your pages to be shared publicly, you agree to allow others to view and share your Content. In addition, you hereby grant to OnFast the right and license to use, in the aggregate and in any lawful manner, your information provided that your identity is not revealed.
3. The look and feel of the Service is copyright©2009-2013 OnFast, LLC. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements without the express written permission of OnFast.
4. Your use of the OnFast web site and the Service of OnFast does not grant you any license or right to use any of the marks included in our web site.
INDEMNIFICATION/WARRANTY DISCLAIMER
1. If anyone brings a claim against us related to your actions, content or information on OnFast, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
2. WE TRY TO KEEP ONFAST.COM UP, BUG-FREE, AND SAFE, BUT YOU USE THIS WEB SITE AND THE SERVICE AT YOUR OWN RISK. WE ARE PROVIDING ONFAST.COM AND THE SERVICE "AS IS" AND "AS AVAILABLE" WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND/OR WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE THAT ONFAST.COM OR THE SERVICE WILL BE SAFE, SECURE OR ACCURATE. ONFAST IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE ONFAST, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
3. ONFAST DOES NOT WARRANT THAT (i) THE ONFAST.COM AND/OR THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) ONFAST.COM AND/OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ONFAST.COM AND/OR THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH ONFAST.COM AND/OR THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS ON ONFAST.COM OR IN THE SERVICE WILL BE CORRECTED.
LIMITATION OF LIABILITY
1. OnFast, together with our officers, directors, employees, representatives, affiliates, and providers, shall not be responsible or liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if OnFast has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use onfast.com and/or the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from onfast.com and/or the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on onfast.com and/or the Service; (v) or any other matter relating to onfast.com and/or the Service.
2. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
GENERAL CONDITIONS
1. You acknowledge and agree that OnFast uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
2. You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, OnFast, or any other OnFast service.
3. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission of OnFast.
4. You acknowledge and agree that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
5. You must not upload, post, host, or transmit unsolicited email, SMSs, or "spam" messages.
6. You must not transmit any worms or viruses or any code of a destructive nature.
7. You may not use any device, software or routine that interferes or attempts to interfere with the normal operation of the Service or take any action that imposes an unreasonable load on our equipment.
8. If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by OnFast) of other OnFast customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption.
9. If we disable your account, you will not create another one without our permission.
10. You will keep your contact information accurate and up-to-date.
11. You will not transfer your account to anyone without first getting our written permission.
12. The failure of OnFast to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.
13. The Terms of Service constitutes the entire agreement between you and OnFast and govern your use of onfast.com and the Service, superseding any prior agreements between you and OnFast (including, but not limited to, any prior versions of the Terms of Service).
14. We always appreciate your feedback or other suggestions about OnFast, but you understand that we may use them without any obligation to compensate you for them (just as you have no obligation to offer them).
15. Questions about the Terms of Service should be sent to support at onfast dot com.
