You are responsible for maintaining the confidentiality of your account information, and are responsible for all activities that occur under your account. You agree to immediately notify Fasterize of any unauthorized use of your account or any other breach of security.
You agree that you are responsible for maintaining your own account. You agree that you are responsible for the conduct of all users of your account. You agree to use Fasterize services only for purposes that are legal, proper and in accordance with the Terms of Service and any applicable policies or guidelines.
You agree that any of the below activities are considered prohibited usage and will result in immediate account cancellation or suspension without a refund and the possibility that Fasterize will impose fees and/or pursue civil remedies without providing advance notice.
- Attempting unauthorized and/or illegal access of accounts not belonging to party seeking access.
- Any act which interferes with the services of another user.
- Any act relating to the circumvention of security measures.
- Engaging in illegal activities.
- Engaging in activities that interfere with or disrupt Fasterize services or servers or networks connected to Fasterize services.
- Providing false information on any contact form or application, including fraudulent use of credit card numbers.
Account cancellation or suspension
Fasterize may cancel or suspend your access to Fasterize services at any time, without notice, for prohibited usage or other good cause. Upon cancellation or suspension, your right to use the service will stop immediately. You may not have access to application or history data that you stored on the service after we cancel or suspend the service.
Charges and billing
Unless billing and payment are otherwise arranged, recurring monthly charges will be billed at the completion of the applicable service period. Any additional charges, such as bursting/overage fees for past months, or professional services, will be billed at the completion of the applicable service period. The monthly recurring charges are billed every month in full at the date based on your registration date.
If you pay by credit card, Fasterize is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Fasterize. Currency exchange settlements will be based on agreements between you and the provider of your credit card.
We reserve the right to change our fees, but will notify you in advance of increases. All charges are non-refundable unless expressly stated otherwise, or otherwise provided by applicable law.
Limitation of liability
You expressly understand and agree that Fasterize shall not be liable to you for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from:
- the use or the inability to use Fasterize services
- unauthorized access to or alteration of your transmissions or data
- any other matter relating to Fasterize services
You expressly understand and agree that notwithstanding anything in the agreement to the contrary, the maximum aggregate monetary liabilty of Fasterize and any of its agents, suppliers, employees, or affiliates in connection with the Fasterize services, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall not exceed three times one months recurring fee for the services that are the subject of the claim as of the time of the occurrence of the events giving rise to the claim.
No third party beneficiaries
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that your use of Fasterize services shall be at your sole risk. All services provided by Fasterize are available as is without warranties or guarantess applied.
You agree to defend, indemnify and hold harmless Fasterize, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Fasterize services; (ii) your violation of any term of this Agreement; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that use of our services caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Fasterize services.
You agree that Fasterize may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Fasterize websites.
Use of Customer Statistics, Name and Logo.
Customer grants permission to Fasterize to: (i) incorporate anonymous statistics derived from its performance of the Services, including but not limited to, website performance metrics, into publicly available reports; and, (ii) use Customer’s name and logo on its website or in other Fasterize presentations or marketing material to identify Customer as a subscriber to the Services.
Restrictions on Services
The optimisation services provided by Fasterize (« Services ») are subject to technical restrictions, and portions or all of the Services may be subject to blocking or disabling by Fasterize if Customer’s use of the Services adversely affects the Services (network traffic, security, software, etc.) as solely determined by Fasterize in its reasonable discretion. If Fasterize determines that any Content or equipment, software or materials supplied or made available to Fasterize in connection with the Services by Customer or an End User (“Materials”) are adversely affecting the Services, then Fasterize may block from access such part or all of the adverse Materials or Content. For purposes of this Section, “adversely affecting” does not mean an unscheduled increase in website traffic. The parties will work together to resolve the problems or issues that adversely affect the Services until both parties mutually agree in good faith that such portions of the Materials or Content will no longer have an adverse effect on the Services.
Customer acknowledges that Fasterize does not own or control the local circuit link, leased co-location space, lease space cross-connects, Internet Service Providers or content delivery network providing connectivity to Fasterize, other networks outside of the connectivity to Fasterize or its Internet Service Provider partners or content delivery network providers, or the “Internet”, nor is Fasterize responsible for performance (or non-performance) within such networks or within non-Fasterize operated interconnection points between Fasterize servers and other networks. Customer further acknowledges that Fasterize exercises no control over, and has no responsibility for, any content or data transmitted or maintained using the Services nor the information or material accessible upon, or actions taken on, the Internet, and Fasterize expressly disclaims any liability arising therefrom, except as expressly provided in any SLA.
Choice of Law and Forum
The Terms of Service and the relationship between you and Fasterize shall be governed by the laws of the France without regard to its conflict of law provisions. You and Fasterize agree to submit to the personal and exclusive jurisdiction of the courts located within the county of France.
Waiver and Severability of Terms
The failure of Fasterize to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
In case of declaration of insolvency, receivership or liquidation of either party, the other party may terminate the contract in full compliance with the provisions of Article L 622-13 of the french Commercial Code.