This Fast Technologies (“Fast”) Terms of Service, in conjunction with the Privacy Policy and other terms and conditions of use which are incorporated herein by reference and which may be posted and applicable to specific services (collectively, the “Agreement”) governs your access to and use of the Fast website, platform, apps, software, content, products and services provided to you on, from, or through the Fast website, (collectively, the “Services”). Regardless of whether you have a subscription, are a registered user, or are simply downloading Content which does not require a registered account with Fast, all such interactions with the Fast website and use of any Services is an explicit acceptance of this Agreement signifying you have read, understand, and agree to be bound by all of the terms of this Agreement which is a LEGALLY BINDING CONTRACT.

If you are using the Services on behalf of a company, organization or branch of government, you affirm that you have the authority to accept this Agreement on behalf of your company or organization and all references herein to ‘you’ or ‘your’ will refer not only to yourself but also to the company or organization.

IF YOU DO NOT FULLY AND COMPLETELY AGREE TO THE TERMS OF THE AGREEMENT AND YOU, AS A RESPONSIBLE USER, CHOOSE TO CONTINUE TO USE THE SERVICES, YOU WILL BE BOUND TO THE TERMS OF THE AGREEMENT.

Fast (also referred herein as “us”, “we” or “our”) may modify the Agreement which will become effective immediately upon its posting to the website. Your continued use of the website and any associated services indicates your acceptance of changes to the Agreement and you agree to be bound by such modification or revisions. If you are dissatisfied with anything related to the Fast website, your sole remedy is to discontinue use of the Services. You use the Services of Fast at your own risk. Nothing in the Agreement shall be deemed to confer any third-party rights or benefits.

Which means: The above states that you have read and agree to the Terms of Service and Privacy Policy, and any future changes if you use Fast for yourself or your company or organization now or after modifications to this Agreement.

Ability to Accept Terms of Service
Fast Free Services are available to anyone over the age of 16. If you are under 16 years of age, then do not use the Service. There are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.

Fast services are available to anyone over the age of 18.

Accounts for business, organizations or government entities must be created and maintained by an individual capable of and authorized to enter into binding contracts on behalf of the entity. You affirm that you are fully able to enter into, abide by and comply with the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement.

Which means: You’re over 18 and have authority and permission to accept this Agreement or between 16 and 18 and your parents have accepted this Agreement on your behalf.

Content – It’s Yours
When you publish text, software, scripts, graphics, photos, sounds, music, videos, audiovisual combinations, interactive features and other materials that may be viewed on, or accessed through the Services, we refer to it as “Content”. You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to store, share or distribute the Content.

You retain all of your ownership rights in your Content. We don’t claim any ownership in or to any of your Content.

Which means: If you created it, it’s yours. If any piece of it was created by someone else, you swear you have their permission to possess and utilize it for your own use or share it. We don’t claim we own any of it.

To enable Fast to provide the Services, it is necessary for you to hereby grant Fast a worldwide, non-exclusive, royalty-free, sub-licensable and transferable limited license to cache, use, reproduce, distribute, prepare derivative works of, or display Content in connection with the Services.

Which means: You give us limited permission to do what you need us to do, like show your Content to you or people you share it with, cache it on our servers and make redundant backups so there is more than one copy of it.

It’s All About You
You control your Content through your account and/or cookies which may be placed on your computer or other devices.

You are responsible for any costs associated with your Content and use of the Fast Services.

You are solely responsible for your Content and your interactions with recipients of your Content and other users of the Services.

When you allow other users access to your Content, you, not Fast, are responsible for what others do with it.

You agree, while using Fast Services, that you may not:

Alter or modify any part of the Services;

Use the Services for any illegal purpose;

Use any robot, spider, offline readers, site search and/or retrieval application, or other device to reproduce, retrieve or index any portion of the Services, with the exception of public search engines;

Transmit any viruses, worms, defects, Trojans or other items of a contaminating or destructive nature, except when transmitting to a knowing recipient while conducting security research;

Publish any Content that includes code hidden or otherwise contained within the Content which is unrelated to the Content;

Reformat or frame any portion of any web page that is part of the Services without the express permission of Fast;

Collect or harvest any personally identifiable information or account names or solicit Fast users;

Impersonate another person, whether real or fictional;

Permit any third parties to use your name and password;

Violate or attempt to violate Fast systems or interfere with the normal use of the Services by users;

Resale Fast’s products and Services;

Transmit any form of Spam;

Publish any Content that falsely implies sponsorship of the Content by the Services, falsify or delete any author attribution in any Content, or promote any information that you know is false or misleading;

Publish an illegal or unauthorized copy of another person’s trademarked or copyrighted work;

Publish Content that is libelous, defamatory, obscene, pornographic, abusive, harassing, threatening, unlawful or promotes or encourages illegal activity;

Publish Content that violates the rights of others, such as distributing Content that infringes any copyright, trademark, patent, trade secret, or violates any right of privacy or publicity, or that is libelous or defamatory, or that directs any user to the content of a third party without the consent of the third party;

Defame or libel any person; invade any person’s right of privacy or publicity or otherwise violate, misappropriate or infringe the rights of any person;

Export or re-export Content in violation of the export or import laws of the United States or without all required approvals, licenses, and exemptions;

Publish any links to any external Internet sites that are obscene or pornographic, or distribute pornographic or sexually explicit material of any kind.

In addition to the general restrictions above, the following restrictions and conditions apply specifically to your use of the Content. You will comply with United States laws regarding the transmission of data.

Content is provided to you AS IS. You understand that when using the Services, you will be exposed to Content from a variety of sources and that Fast is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fast with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Fast, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to any Content and your use of the Services. You acknowledge your use of Content is at your sole risk.

Which means: Play Nice. You are solely responsible for everything you share or any interactions you have with Fast.

Account Safeguards
To access or benefit from the Services or features of Fast, as a Content Publisher, you will have to create a Fast account. (Recipients of Content do not have to have a Fast account.)  You are responsible for maintaining the confidentiality of your access information and are responsible for all activities that occur utilizing your information. You should only access your Fast account from a trusted network. Although Fast will not be liable for any losses you might suffer, you may be liable for the losses of Fast or others.

Fast & Services
Fast does not endorse any Content, including, but not limited to, its accuracy, completeness, appropriateness or legality, cached on or distributed through the Services and Fast expressly disclaims any and all liability in connection with Content. Content is yours, not ours.

Content delivered through the Services may contain links to external sites; however, Fast is not responsible for any availability of or the content on or through any external site.

Fast will never delete or remove content from your Cloud Storage Provider (collectively including Box, Dropbox, Google Drive and Microsoft OneDrive).

When Fast removes or disables Content for policy violations, the account is terminated and the user is notified. Fast reserves the right to determine what is harmful to its users, operations, or reputation including any activities that restrict or inhibit any other user from using and enjoying the Services. Complaints about violators of our policies should be submitted to [email protected]  Each complaint will be investigated and appropriate action will be taken.

Fast reserves the right to terminate your access to any and/or all parts of the Services at any time for any reason without prior notice or liability. The terms of the Agreement and Privacy Policy shall survive any termination of your access to the Services.

Fast may change, suspend or discontinue all or any aspect of the Services at any time, including the availability of any feature, database, or Content, without prior notice or liability.

Light patterns, like those which might be displayed when using the Services, may result in epileptic seizures in some people. Discontinue use of the Services, if advised by your physician or you experience epileptic symptoms.

Nothing in this Agreement grants you any right, title, or interest in the Services, Software or Content (other than your own) or to use any Fast trademark, logo, domain name (or any derivative thereof) except as provided by Fast, branding or features.

DMCA: Digital Millennium Copyright Act
If your copyrighted or trademarked works are being distributed through the Services without your permission, please see our Copyright page for information on how to make a claim. Claims will be processed in accordance with United States law.

Fast Premium Accounts – Payment, Renewal and Cancellation
Premium Services (“Subscription”) require you to pay a fee, which is described in greater detail below. You agree to pay all fees and charges you incur, in US dollars with a major credit card accepted by Fast. Subscription fees are non-refundable except as expressly set forth below. You hereby authorize us to charge your credit card to pay for the ongoing cost of Subscription. Payment for the appropriate Subscription and/or Services will be made by automatic charges to your credit card. Upon its expiration, your Subscription will be automatically renewed for a term (1) equal to the original subscription term or (2) in accordance with the terms of a special subscription offer (“Promotion”), and continually renewed for equal terms thereafter, unless you terminate your Subscription. You acknowledge and agree that the authorization to charge your credit card for our Subscriptions shall automatically transfer to any successors or assigns of the Services.

Minimum Volume for Micro-Files
There is no minimum file size for transfers, however files that are measured in a few bytes may be subject to a minimum usage fee. For example, if you serve, 100,000 copies of a 1 byte file you may be charged for 1GB of transfer because of service minimums for volume. If you are concerned about this policy or think you may be subject to it, please contact us through chat or email and we will be happy to discuss it on a case by case basis.

As-Is Services
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, FAST, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF.

NEITHER FAST NOR ANY PROVIDER OF ANY THIRD PARTY CONTENT WARRANTS THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR MAKES ANY WARRANTY OF THE RESULTS TO BE OBTAINED FROM USE OF THE SERVICES OR CONTENT. BOTH THE SERVICES AND CONTENT ARE DISTRIBUTED ON AN “AS IS, AS AVAILABLE” BASIS. NEITHER FAST NOR ANY THIRD PARTY MAKES ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE SERVICES OR CONTENT OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE SERVICES OR CONTENT.

NEITHER FAST NOR ANY THIRD PARTY WARRANT THAT ANY FILES AVAILABLE FOR DOWNLOADING THROUGH THE SERVICES WILL BE FREE OF VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. YOU AGREE THAT YOU ASSUME ALL RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES AND THE ACCURACY AND COMPLETENESS OF THE CONTENT. FAST IS NOT RESPONSIBLE OR LIABLE FOR ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT OR FOR ANY VIOLATION OF ITS AGREEMENT.

FOR CLARITY, FAST ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION CACHED OR STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (V) ANY BUGS, VIRUSES, TROJANS, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. FAST DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY ADVERTISING, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR CONTENT, AND FAST WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION.

Which means: Standard contract capitalized language. Internet services are great but nothing is perfect and we’re not responsible if something goes wrong.

Limitation of Liability
NEITHER FAST NOR ANY THIRD PARTY PROVIDER SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FAST’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY AND ALL CLAIMS ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FAST AND YOU. IN STATES, COUNTRIES OR TERRITORIES NOT ALLOWING EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, FAST AND ANY THIRD PARTY PROVIDER SHALL BE LIMITED TO THE GREATEST EXTENT OF THE LAW.

The Services are controlled and offered by Fast from its facilities in the United States of America. Fast makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Content and Services from other jurisdictions do so at their own volition and are responsible for compliance with local law.

Which means: Also standard contract capitalized language. This clarifies that we limit our responsibility if something goes wrong.  You agree you are solely responsible for accessing Content in compliance with your local law.

Indemnity
You agree to indemnify, defend and hold Fast and its affiliates, and both Fast and their respective officers, directors, owners, employees, agents, information providers and licensors harmless from and against any and all claims, liability, losses, damages, obligations, costs and expenses, including attorney’s fees, incurred by any Fast party in connection with any Content or use of the Services, whether via your password and/or by any other person, whether or not authorized by you. Fast reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Fast’s defense of such claim. This defense and indemnification obligation will survive these Terms of Service and your use of the Services.

Which means: If we get in trouble because of something you did or should have done, you’ll defend us in court or help us defend ourselves.

Miscellaneous Legal
The Agreement and any rights and licenses granted hereunder may not be transferred or assigned by you but may be assigned by Fast without restriction.

The Agreement shall be construed in accordance with the laws of the State of California, without reference to principles of choice of law. You and Fast each irrevocably consent to the personal jurisdiction of the federal or state courts located in San Francisco, CA (“Courts”) with respect to any action, suit or proceeding arising out of or related to the Agreement or to the Services and /or Content and waive any objection to venue in any of the Courts for such an action, suit or proceeding; additionally, you agree that you will not bring any such action, suit or proceeding in any court other than the Courts.

These Terms of Service, together with the Privacy Policy and any other legal notices published by Fast on the Services, the Agreement, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all previous written or oral agreements between the parties with respect to such subject matter. If any inconsistency exists between the terms of the Agreement and any additional terms and conditions posted on the Services, such terms shall be interpreted as to eliminate any inconsistency, if possible, and otherwise, the additional terms and conditions shall control. If any provision of the Agreement is held invalid, illegal or unenforceable in any respect, (i) such provision shall be interpreted in such a manner as to preserve, to the maximum extent possible, the intent of the parties, (ii) the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and (iii) such decision shall not affect the validity, legality or enforceability of such provision under other circumstances.

No failure in delay in exercising or enforcing this policy shall constitute a waiver of the Agreement or any other right or remedy. If any provision of the Agreement is deemed unenforceable due to law or change in law, such a provision shall be disregarded and the balance of the Agreement shall remain in effect.

YOU AND FAST AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

Which means: Standard contract language. All disagreements will be heard in San Francisco County, California, USA within one year.

Please submit reports of any violations to [email protected]

November 16, 2018 – Fast.io