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Sofast Communications takes your privacy seriously. Please read
the following to learn more about our privacy policy.
NOTE: For important information about safely using the
Internet, please click
here to visit the Federal Trade Commission web site.
What This Privacy Policy Covers
- This policy covers how Sofast treats personal information that
Sofast collects and receives, including information related to
your past use of Sofast products and services. Personal information
is information about you that is personally identifiable like
your name, address, email address, or phone number, and that is
not otherwise publicly available.
- This policy does not apply to the practices of companies that
Sofast does not own or control, or to people that Sofast does
not employ or manage.
Information Collection and Use
- General
- Sofast collects personal information when you register with
Sofast, when you use Sofast products or services, when you
visit Sofast pages or the pages of certain Sofast partners,
and when you enter promotions or sweepstakes. Sofast may combine
information about you that we have with information we obtain
from business partners or other companies.
- When you register we ask for information such as your name,
address, phone number, zip code. Once you register with Sofast
and sign in to our services, you are not anonymous to us.
- Sofast collects information about your transactions with
us and with some of our business partners, including information
about your use of financial products and services that we
offer.
- Sofast automatically receives and records information on
our server logs from your browser, including your IP address,
Sofast cookie information, and the page you request.
- Sofast uses information for the following general purposes:
to fulfill your requests for products and services, improve
our services, contact you, conduct research, and provide anonymous
reporting for internal and external clients.
- Children
- Sofast takes the protection of children very seriously.
Sofast has made reasonable efforts to prevent children under
age 13 from registering for our services.
- Sofast will not contact children under age 13 about special
offers or for marketing purposes without a parent's permission.
- Sofast does not ask a child under age 13 for more personal
information, as a condition of participation, than is reasonably
necessary to participate in a given activity or promotion.
Information Sharing and Disclosure
- Sofast does not rent, sell, or share personal information about
you with other people or nonaffiliated companies except to provide
products or services you've requested, when we have your permission,
or under the following circumstances:
- We provide the information to trusted partners who work
on behalf of or with Sofast under confidentiality agreements.
These companies may use your personal information to help
Sofast communicate with you about offers from Sofast and our
marketing partners. However, these
companies do not have any independent right to share this
information.
- We respond to subpoenas, court orders, or legal process,
or to establish or exercise our legal rights or defend against
legal claims;
- We believe it is necessary to share information in order
to investigate, prevent, or take action regarding illegal
activities, suspected fraud, situations involving potential
threats to the physical safety of any person, violations of
Sofast's terms of use, or as otherwise required by law.
- We transfer information about you if Sofast is acquired
by or merged with another company. In this event, Sofast will
notify you before information about you is transferred and
becomes subject to a different privacy policy.
Cookies
- Sofast may set and access Sofast cookies on your computer.
These cookies are only maintained for the duration of your online
session with Sofast’s site and are intended to improve the
quality of your visit.
- Sofast reserves the right to use other methods of session tracking,
such as web beacons, in the future. At present, Sofast does not
use these features.
Your Ability to Edit and Delete Your Account Information
and Preferences
- General
- You can update your Sofast account information at any time
through MySofast
or by contacting our 24x7 Customer Service Center at 406-268-0000
or 877-7-SOFAST.
- We reserve the right to send you certain communications
relating to the Sofast service, such as service announcements
and administrative messages, that are considered part of your
Sofast account, without offering you the opportunity to opt-out
of receiving them.
- You can cancel your service with Sofast by following the
instructions detailed in the Cancellation
Policy. Sofast does, however, reserve the right to archive
your information. That information is subject to the guarantees
in this Privacy Policy.
Confidentiality and Security
- We limit access to personal information about you to employees
who we believe reasonably need to come into contact with that
information to provide products or services to you or in order
to do their jobs.
- We have physical, electronic, and procedural safeguards that
comply with federal regulations to protect personal information
about you.
- Your Sofast Account Information is password-protected.
- In certain areas Sofast uses industry-standard SSL-encryption
to protect data transmissions.
Changes to this Privacy Policy
- Sofast may update this policy. We will notify you about significant
changes in the way we treat personal information by sending a
notice to the primary email address specified in your Sofast account
or by placing a prominent notice on our site.
Questions and Suggestions
- If you have questions or suggestions, please complete a feedback
form or you can contact us at:
Sofast Communications
300 2nd Avenue South
Great Falls, MT 59405
(406) 268-0000
policies@sofast.net
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Dial-up Service Provisions
- Sofast may terminate services immediately upon
violation of any term of the Service Agreement
or applicable policies.
- Customer must provide 30 day notification of cancellation via verbal notification, our online cancellation form, mail or fax. Customer agrees that cancellation will take place on the date coinciding with the end of their billing cycle.
- Phone - (406) 268-0000
- Online Cancellation Form: http://www.sofast.net/cancel/
- Mail: Sofast Communications, 300 2nd
Ave S, Great Falls, MT 59405
- Fax: (406) 268-0012
- Yearly contracts and Pre-Payments are non-refundable. Early termination
may occur at the customer’s request but
will not result in any refund for purchased
services.
- Payments are made for the month in advance, and
are not refundable. Cancellation requests must
be received 30 days in advance of the desired
cancellation date.
Broadband/DSL/Dedicated Service Provisions
- Sofast may terminate services immediately upon
violation of any term of the Service Agreement
or applicable policies.
- Upon Sofast’s discontinuance of services
for such violation, Sofast shall, in addition
to all other remedies available to Sofast at law
or in equity, assess and collect from Customer
any applicable Early Termination Fee.
- Customer must, at its own expense, return any
Sofast equipment within ten (10) days of the Termination
Date. Otherwise, Customer shall be financially
responsible and Sofast shall invoice Customer
for such equipment, with payment due within 30
days of invoice date. Sofast does not
assume any liability for damaged equipment or
personal injury resulting from Customer uninstalling
equipment without professional assistance from
Sofast.
- Payments are made for the month in advance, and
are not refundable. Cancellation requests must
be received 30 days in advance of the desired
cancellation date.
- Should Customer choose to terminate service any
time from the date Customer submits its order
until the end of this Agreement’s term,
70% of the remaining monthly revenues due through
the end of this Agreement’s term are due
immediately.
- This Termination Fee will be waived if
(i) Customer cancels its order within
5 business days of placing it; (ii) Sofast
cannot install Customer’s service
within 50 days after accepting the order,
and Customer chooses not to wait for Sofast
to complete the installation; (iii) for
a period of more than 20 business days
after Customer informs Sofast of the problem,
Customer’s service is inoperative
or unable to transport data reliably at
the speed accepted at the time of installation,
and Customer then chooses to deactivate.;
or (iv) Customer replaces contract with
services that have revenue equal to or
greater than 125% of the revenue applicable
through the end of this Agreement’s
term.
- Customer must provide written notification of
cancellation via our online cancellation form, mail or fax. Verbal cancellation
notice in person or by phone is not acceptable
as it constitutes a potential liability to the
company.
When you use Services for Internet access, you may not:
- Use as an "Always-On" connection, or use with an "Auto-Dialer" program. The Sofast Dial-up Internet Service is intended for periodic and legitimately active use. As a consumer-oriented dial-up service it is not intended, nor is it designed, to provide an "always on" or "always connected" capability. In order to make the service available fairly to all our customers, we reserve the right to terminate members' sessions after an extended period. In addition, if you leave your Sofast Dial-up Internet Service idle for a period of time we may disconnect you. You may not take action for the purpose of defeating our "idle timeouts" or similar mechanisms. Sofast reserves the right to cancel any account which abuses a dialup connection through excessive use of auto-dial or similar programs and/or degrades the service received by other customers.
- Sofast reserves the right to deem a customer a "Heavy User" if usage exceeds 150 hours per month. User agrees that Sofast Communications has the right to cancel User's account if usage exceeds this limitation. Sofast Communications may offer alternative options for Internet service within customer's service area that allow "always on" or heavy use. Alternative options may constitute higher fees charged to customer.
- Restrict or inhibit any other user from using the Internet;
- Post or transmit any unlawful, threatening, abusive, libelous,
defamatory, vulgar, obscene, indecent, pornographic, profane,
hateful, bigoted or otherwise objectionable information of any
kind, including without limitation any transmissions, constituting
or encouraging, conduct that would constitute a criminal offense,
give rise to civil liability, or otherwise violate any local,
state, national or international law, including without limitation
U.S. export control laws and regulations;
- Post or transmit any information or software that contains a
virus or other harmful component;
- Post, publish, transmit, reproduce, distribute or in any way
exploit any information, software or other material obtained through
Services for commercial purposes;
- Upload, post, publish, transmit, reproduce, or distribute in
any way, information, software or other materials, or other proprietary
right, or derivative works without obtaining permission of the
copyright owner or rightholder;
- Upload, post, publish, reproduce, transmit or distribute in
any way any component of the Services or derivative works, as
Services are copyrighted as a collective work under U.S. copyright
laws;
- Remove or alter copyright management information including,
without limitation, name or identification information of the
author or owner, copyright note or terms & conditions for
use of a work;
- Avoid, bypass, remove, deactivate or circumvent by any means,
any process or system such as copy protection systems that are
intended to protect the rights of a copyright owner;
- Send unsolicited e-mail that causes complaints from the recipients
of the unsolicited e-mail;
- Send large quantities of unwanted or unsolicited e-mail to individual
e-mail accounts (also known as “spamming” or “mailbombing”);
- Make any unauthorized attempt to gain access to any account
or computer resource not belonging to that user (also known as
"spoofing");
- Obtain or attempt to obtain Services by any means or device
with intent to avoid payment;
- Unauthorized access, alteration, destruction, or any attempt,
of any information of any Sofast customers or end-users by any
means or device;
- Knowingly engage in any activities that will cause a denial
of Services (e.g., synchronized number sequence attacks) to any
Sofast customers or end-users;
- Use Sofast's products and services to interfere with the use
of the Sofast network by other customers or authorized users;
- Violate the law or aid another in any unlawful act;
- Resell your Services or any other Sofast service to any third
parties without prior express written consent;
- Run programs or servers that provide network services to others
through the Services (“web hosting”), which includes,
but is not limited to, operating an internal mail/http/ftp/irc/dhcp
server to serve external connections or support multi-user interactive
forums as a subscriber of residential services, subsection “r”
does not refer to or effect subscribers of business services;
- Any other activity described in Sofast’s Acceptable Use
Policy found online at www.Sofast.net, which is hereby incorporated
by reference as if fully set forth herein; or
- Use the Services in such a way as to impair or degrade the operation
or performance of the Services and/or the Sofast Internet Service
network, including but not limited to excessive use.
Except for information, products or services clearly identified
as being supplied by Sofast, Sofast does not operate or control
any information, products or services on the Internet.
The Internet contains unedited materials that may be offensive
or objectionable to you. You access these materials at your own
risk. Sofast has no control over and accepts no responsibility for
these materials. Customer may wish to utilize software designed
to limit access to certain material on the Internet.
YOU UNDERSTAND THAT YOU MAY BE HELD LIABLE BOTH UNDER CIVIL AND
CRIMINAL LAW FOR INFRINGEMENTS OF THE INTELLECTUAL PROPERTY RIGHTS
OF OTHERS. YOU MAY BE HELD LIABLE FOR ALL ACTUAL DAMAGES AND PROFITS,
ATTORNEY’S FEES, COSTS, OR THE COURT MAY AWARD STATUTORY DAMAGES
UNDER THE COPYRIGHT ACT. CRIMINAL LIABILITY CAN ALSO INCLUDE FINES
AND IMPRISONMENT.
Sofast may take any action it deems appropriate without notice
to protect the Services and its facilities for provision of the
Services. If Sofast denies you access to Services pursuant to this
Section, you will have no right (1) to access through Sofast any
materials stored on the Internet, or (2) to access third party services,
merchandise or information on the Internet through Sofast, and Sofast
will have no responsibility to notify any third-party providers
of services, merchandise or information nor any responsibility to
any consequences resulting from lack of notification.
Sofast has no obligation to monitor Services. You agree that Sofast
has the right to monitor Services electronically from time to time,
and you consent to Sofast’s access, use and disclosure of
any information as necessary to satisfy any law, regulation or other
governmental request, to operate Services properly, to improve Services,
or to protect itself or its customers. Sofast reserves the right
to refuse or to remove any information or materials, in whole or
in part, that in its sole discretion are unacceptable, undesirable,
or in violation of this Agreement.
If you wish to make purchases on the Internet, you may be asked
by the merchant or service provider from whom you are making the
purchase to supply certain information, including credit card or
other payment mechanism information. You agree that all information
you provide any merchant or information or service provider on the
Internet for the purposes of making purchases will be accurate,
complete and current. The merchants and information and service
providers offering merchandise, information and services on the
Internet set their own prices and may change prices or institute
new prices at any time. You agree to pay all charges incurred by
users of your account and credit card or other payment mechanism
at the prices in effect when the charges are incurred. You also
will be responsible for paying any applicable taxes relating to
purchases on the Internet.
Welcome to Sofast Communications. Please read the following User Agreement for Sofast Communications Products and Services provided to you, the end-user. The product(s) and service(s) (“Product(s), Service(s)”) of Sofast Communications LLC (Sofast Communications, Sofast) are provided to you (User), subject to the terms of this agreement. Sofast Communications maintains a World Wide Web site, www.sofast.net (the "Web Site"). The following are the terms and conditions for use of Sofast Communications product(s) and services(s) along with any amendments thereto, and any operating rules or policies that may be published from time by Sofast Communications (collectively, the “Sofast Communications User Agreement,” “Agreement,” “User Agreement”). Please read them carefully. The term “User” in the Agreement refers to any person or entity that has entered into this Agreement with Sofast Communications. You must be at least 18 years of age to accept this Agreement. Sofast Communications may require that the registrant provide sufficient information to indicate that the registrant is an adult.
1. Acceptance of Terms
This is a legal agreement ("Agreement") between you, the user, together with any company or other business entity you are representing, if any (collectively, the "User") and Sofast Communications, LLC (Sofast Communications, Sofast). This Agreement governs the access and use of all services for which User registers and which are provided by or through the Sofast Communications website and Sofast Communications online resources. In some cases, it may be necessary to deliver the User Agreement to the User. User will have one (1) day from the date that this agreement has been delivered to User, either in electronic format, mail, or any other acceptable delivery method, to cancel the service that User has purchased if User does not agree to the terms of the User Agreement. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE, USE OR ACCESS THE PRODUCT(S) AND/OR SERVICE(S).
The Product and/or Service is offered to User conditioned upon User's acceptance without modification of this Agreement. User acknowledges that, from time to time, it may be necessary for Sofast Communications to update or revise certain provisions of the Agreement. By purchasing or signing up for Sofast Communications Product(s) and/or Service(s) and accepting this Agreement, User agrees that Sofast Communications may change the terms of the Agreement in its sole discretion without specific notice to User. If User does not agree to the changes proposed by Sofast, or to any terms in this Agreement, User's sole and exclusive remedy is to cancel User's Sofast Communications account ("User’s Account"). Notwithstanding the foregoing, Sofast Communications reserves the right to cancel, suspend or refuse access to the Product or Service to anyone in its sole discretion. Unless explicitly stated otherwise, any new features or products that change, augment or enhance the current Product or Service shall be subject to this Agreement.
2. Charges and Billing
User agrees that all charges for Product(s) and/or Service(s) will be charged to User’s credit card or any other acceptable method of payment. In some instances, it may be necessary for User to pay for their Product(s) and/or Service(s) via mail or cash payment methods. Sofast Communication’s invoices are billed for the current billing cycle (i.e. Monthly and Annually) and are considered payment in advance for Product(s) and/or Service(s) associated with User’s account. Sofast Communications reserves the right to charge fees for the Product(s) and/or Service(s) or any portion thereof and any applicable fees will be posted on the Sofast Communications web site. If User is required to pay a fee for all or any part of the Product(s) and/or Service(s) for which User has chosen to register, User hereby authorizes Sofast Communications to charge User's credit card or account in advance for all applicable fees incurred by User in connection with User's chosen Product(s) and/or Service(s) and User's Account. User's Product(s) and/or Service(s) and Account will automatically renew at the end of the current billing cycle, unless the Product(s) and/or Service(s) or User Account is terminated 30 days in advance of the end of the then-current term. If there are any annual, monthly or similar periodic subscription fees associated with the User’s Account, these fees will be billed automatically to the User's designated credit card, or any other acceptable method of payment, at the start of each renewal period, unless User terminates the Product(s) and/or Service(s) before the relevant period begins. User further acknowledges that it is User's responsibility to notify Sofast Communications of any changes to User's credit card, or any other acceptable method of payment, or if User's credit card has expired, otherwise User's access to the Product(s) and/or Service(s) may be disconnected or interrupted. All fees shall be paid in U.S. dollars.
Payment Methods
Sofast Communications will automatically charge User's credit card in
advance to the upcoming service period. If User does not wish to use their
credit card as payment method for Product(s) and/or Service(s) provided by
Sofast Communications, User agrees that Sofast Communications may charge an
additional monthly fee for "non-automated" payment. The non-automated
payment fees are as follows:
If User is paying by personal check, User agrees to be charged an additional
five dollars ($5) per month for their Product(s) and/or Services(s) due to
non-automated payment method.
If User requires a hard copy invoice be mailed to them on a monthly basis,
User agrees to be charged an additional one-dollar ($1) per month for a hard
copy invoice. Sofast Communications will send User an email invoice each
month, at no additional charge, that User may print and mail in with User's
payment.
As of March 2003, Sofast Communications eliminated the option of paying User
's account via Virtual Check method. User's who were paying for Product(s)
and/or Services(s) by Virtual Check may continue with this method. User
agrees to be charged an additional three dollars ($3) per month for Virtual
Check. Sofast Communications does not offer Virtual Check for new customers,
only those who were paying via Virtual Check prior to the option being
eliminated.
Sofast Communications reserves the right to change any fees (which includes but is not limited to, increasing prices and charging a fee for upgrades and/or a Product or Service for which Sofast Communications does not currently charge a fee) at any time, provided, however, that Sofast Communications will provide User with reasonable notice prior to making any fee changes. In addition, Sofast Communications will also give User reasonable notice before any modification to the Product or Service that could adversely impact Users Product(s) and/or Service(s). If User finds any change to the Product(s) and/or Service(s) to be unacceptable, User is free to cancel the Product(s) and/or Service(s) or Users account at any time, but Sofast Communications will not refund any remaining portion of User's pre-paid fees when User cancels any part of the Product(s) and/or Service(s) or User's Account.
User agrees to pay User's Account balance on time. User also agrees to pay any taxes, including sales or use taxes, resulting from User's use of the Product(s) and/or Service(s). User further agrees that any payments received after Users payment due date will result in Users account being placed “On Hold,” and will require a standard ten dollar ($10) re-activation fee to reinstate User’s account to “Active Status.” User agrees that if Sofast Communications is unable to obtain electronic method of payment, Sofast Communications has the right to continue its’ efforts in receiving proper authorization of payment through electronic means, on a daily basis, until payment is satisfied. If Sofast Communications is unable to obtain payment after thirty-one (31) days, User’s account will be cancelled and user forfeits rights or claims to any data lost as a result of cancellation. User is responsible and liable for any fees, including attorney and collection fees, that Sofast Communications may incur in its efforts to collect any remaining balances due from User. This Section shall in no way limit any other remedies available to Sofast Communications. User also acknowledges and agrees that User will be billed for and will pay any outstanding balances if User cancels User's Account or User's Account is terminated due to User's breach of this Agreement. User must notify Sofast Communications of any billing problems or discrepancies within sixty (60) days after they first appear on User's credit card account statement. If User does not notify Sofast Communications within sixty (60) days, User waives any right to dispute such problems or discrepancies.
3. Acceptable Use Policy
User and all of its employees shall abide by the terms of the Acceptable Use Policy set forth at http://ww.sofast.net and incorporated herein by reference. Sofast my immediately terminate services for violation of this policy at any time without giving User any advance notice. Reselling the Services without Sofast Communications’ express written authorization is prohibited by the terms of the Acceptable Use Policy.
4. Email Policies
Any User who sends unsolicited advertisements or solicitations, commercial or otherwise, may have its account disabled and be disallowed further service. The User is responsible for ensuring that they do not use the following when e-mailing: Mass Mail by Bulk, Opt-In Mailing, or Spam.
5. DISCLAIMER OF WARRANTIES.
USER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) USER'S USE OF THE PRODUCT(S) AND/OR SERVICE(S) IS AT USER'S SOLE RISK. Sofast Communications AND ITS SUPPLIERS PROVIDE THE PRODUCT(S) AND/OR SERVICE(S), INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
(B) Sofast Communications AND ITS SUPPLIERS MAKE NO WARRANTY THAT (i) THE PRODUCT(S) AND/OR SERVICE(S) WILL MEET USER'S REQUIREMENTS, (ii) THE PRODUCTS(S) AND/OR SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, AND (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY USER THROUGH THE PRODUCT(S) AND/OR SERVICE(S) WILL MEET USER'S EXPECTATIONS.
(C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCT(S) AND/OR SERVICE(S), IS DONE AT USER'S OWN DISCRETION AND RISK, AND USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO USER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
6. LIMITATION OF LIABILITY
IN NO EVENT SHALL Sofast Communications AND/OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA OR PROFITS (HOWEVER ARISING, INCLUDING NEGLIGENCE) EVEN IF Sofast Communications OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (A) THE USE OR INABILITY TO USE THE PRODUCT(S) AND/OR SERVICE(S), (B) THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS AND/OR SERVICES, (C) FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE PRODUCT(S) AND/OR SERVICE(S) OR OTHERWISE ARISING OUT OF THE USE OF THE PRODUCT(S) AND/OR SERVICE(S), (D) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PRODUCT(S) AND/OR SERVICE(S), OR (E) ANY OTHER MATTER RELATING TO THE PRODUCT(S) AND/OR SERVICE(S). SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO USER. IN NO EVENT SHALL Sofast Communications AGGREGATE LIABILITY TO USER AND/OR ANY THIRD PARTY ARISING FROM OR RELATING TO THIS AGREEMENT EXCEED THE AMOUNT USER ACTUALLY PAYS TO Sofast Communications UNDER THIS AGREEMENT DURING THE TWELVE (12) MONTHS PRECEDING THE DATE THE CLAIM AROSE OR $500.00, WHICHEVER IS LESS.
Without limiting the foregoing, neither Sofast Communications nor its’ suppliers is responsible for any of User's data residing on the Product(s) and/or Service(s). User is responsible for backing-up User's data and information that may reside on the Product(s) and/or Service(s), whether or not such information is produced through the use of the Product(s) and/or Service(s). It is User's responsibility to take the necessary steps to ensure that User's primary means of business is maintained (if applicable).
7. Indemnification
User agrees to indemnify and hold Sofast Communications, LLC and its suppliers, affiliates, partners, subsidiaries and employees (collectively, the "Indemnified Parties") harmless from any and all claims and demands, losses, liability costs and expenses (including, but not limited to, reasonable attorneys' fees), incurred by an Indemnified Party arising out of or related to (i) User's breach of this Agreement; (ii) any information (including but not limited to User Data and User's publicly posted information) submitted, posted, or otherwise provided to Sofast Communications and/or its affiliates; (iii) any dispute or litigation between an Indemnified Party and a third party caused by User's actions; and (iv) User's negligence or violation or alleged violations of any rights of another. These obligations will survive any termination of User's relationship with Sofast Communications or User's use of the Service. To the fullest extent permitted by law, the foregoing indemnity will apply regardless of any fault, negligence, or breach of warranty or contract of Sofast Communications.
8. Copyright and Trademark Notices
All materials of the Product(s) and/or Service(s) offered by Sofast Communications (as well as the organization and layout of the Sofast web Site) are owned and copyrighted or licensed by Sofast Communications, its affiliates or its suppliers. All rights reserved. No reproduction, distribution, or transmission of the copyrighted materials of the Product(s) and/or Service(s), is permitted without the written permission of Sofast Communications. Any rights not expressly granted herein are reserved.
9. Modification of the Service
Sofast Communications reserves the right, at its sole discretion, to, at any time, modify, or discontinue the Products and/or Services, temporarily or permanently, (or any part thereof), including the imposition of limits on certain features and services or restriction of access to parts or all of the Products and Services that they offer, with or without notice.
10. Termination/Cancellation of User Account
Either User or Sofast Communications may terminate or cancel User's Account (or any part of the Product(s) and/or Service(s)) at any time, but Sofast Communications will not refund any pre-paid fees upon such termination or cancellation.
a. Termination by User. Please see Cancellation/Termination Policy.
b. Termination by Sofast Communications. Sofast Communications may terminate User's Product(s) and/or Service(s) if Sofast Communications determines, in Sofast Communications sole discretion, to discontinue offering the Product(s) and/or Service(s). Additionally, Sofast Communications, in its sole discretion, may terminate User's Product(s) and/or Services(s), User's Account or User's use of the Service for any reason, including, without limitation, (i) if User breaches this Agreement, (ii) if Sofast Communications is unable to verify or authenticate any information that User provides to Sofast Communications, or (iii) if Sofast Communications believes that User has violated or acted inconsistently with the spirit of this Agreement. If Sofast Communications terminates User's Account pursuant to (i), (ii) or (iii) above, User will forfeit all credits, pre-paid fees, and any other amounts accruing to User, if any, and Sofast Communications shall not be required to refund, redeem, or pay amounts to User upon such termination.
11. Arbitration/ Jurisdiction
User agrees that any dispute or claim arising out of or related to the Service or this Agreement, or the interpretation, making, performance, breach or termination thereof, shall be finally settled by binding arbitration in Cascade County, Montana under the American Arbitration Association Rules by one arbitrator appointed in accordance with said Rules. The proceedings shall be conducted and all evidence shall be offered in the English language. Member agrees that any claim against Sofast Communications must be filed within one (1) year of the time such claim arose, regardless of any law to the contrary, otherwise such claim will be barred forever.
Notwithstanding the above, Sofast Communications may apply to any court of competent jurisdiction (i) for a temporary restraining order, preliminary injunction or other interim or conservatory relief as necessary or (ii) to collect fees due and owing from User pursuant to this Agreement, without breach of this arbitration agreement and without any abridgment of the powers of the arbitrator.
This Agreement shall be governed in all respects by the laws of the State of Montana, U.S.A. Such law shall be applied by the arbitrator to the merits of any dispute or claim. For any non-arbitral action or proceeding arising out of or related to the Service or this Agreement, both parties submit to sole and exclusive jurisdiction and venue in the courts located in Cascade County, Montana and further agree that any such action or proceeding shall be brought in a court in Cascade County, Montana.
A printed version of this Agreement shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
12. User Acknowledgement
USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT AND ALL RELATED SITE SCREENS REFERENCED AND INCORPORATED IN THIS AGREEMENT AND THAT USER AGREES TO ALL ITS TERMS AND CONDITIONS.
By signing this Agreement, or by purchasing Sofast Communications product(s) and/or Service(s) online, User agrees to the terms stated within Agreement.
By submitting this purchase, you have been issued a Customer Identification Number which will be entered into our system as a means of similarly authenticating a signature meeting the guidelines set forth in Regulation E; Docket No. R-0830 Electronic Funds Transfers of the Federal Reserve System.
Your purchase of service(s) or product(s) will be governed by Regulation E, and the process outlined above will provide sufficient authorization to issue an Electronic Funds Transfer (EFT) debit charging your account in the amounts applicable for the services you have purchased.
Procedures for Error Resolution:
If you discover an error associated with your account attributed to an EFT, it is your responsibility to alert us within sixty (60) days of the date that the charges appeared on your credit card or bank statement. If you do not notify us within sixty (60) days, you waive any right to dispute such problems or discrepancies.
Preauthorized Electronic Transfers:
You may arrange for the preauthorized deduction of funds from your account to pay for products and/or services. These funds will be deducted from the account with which your ATM/Debit card or credit card is associated with your financial institution who issued the card.
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