Terms of Service
Updated on 11/18/2005

We agree to provide you with those services set forth at the time of signup and you agree to abide by the restrictions made below. In the event of any violation of the below terms and conditions of using our service, we reserve the right to suspend or terminate your account immediately, without notice. If you do not wish to be bound by the below terms and conditions of using our service, then you may not access the service. 

Warranty Disclaimer 
No warranty's are made regarding the service. We do not guarantee that the service will be uninterrupted or error free. We exercise no control whatsoever over the content of information that is passed through our system. The service is provided on an "as is" basis. 

Responsibility of Use
User shall assume all responsibility for all content distributed, accessed, or viewed while connected to our service. Under no circumstance shall we be held liable for your actions while you are using the service. In the event of a court order, we may provide any and all information that they request of us to them. 

Limitation of Liability 
Under no circumstances shall we, our agents, our providers, or employees be liable for any damages, which result in any way from user's use or inability to use the service or any part thereof. This includes all direct and indirect damages, special, punitive or consequential damages that may result from busy signals, errors, delays in the service, deletion of files, viruses, theft, or alteration of a user's computer. In the event that we are found liable under any circumstance under the terms of this agreement, our liability shall be limited to the unused balance of user's subscription payment pro-rated to reflect the current term. 

Age Limit 
User represents to us that he or she is 18 years of age or older.  User understands that certain materials available from Service provided under the terms of this Agreement may not be suitable for individuals under the age of 18.

Sexually Explicit Materials 
User understands that the Internet contains unedited materials some of which are sexually explicit or may be offensive. User accesses such materials at his or her own risk. We have no control over and accept no responsibility whatsoever for such materials.

Restrictions of Use
User understands that the following restrictions are applied to the service: 
    User May Not: 
    - Send SPAM, or bulk email when dialed into the network. 
    - Post offensive, threatening, or SPAM, when using the newsgroups. 
    - Use their personal FTP site for business sites. 
    - Post or transmit viruses or any harmful component to others. 
    - Transmit anything that is protected by copyright without permission. 
    - Attempt to violate the security of any computer network 
    - Engage in any illegal activity. 

Dialup Restrictions
User agrees to allow provider to force a 10 minute idle timeout and 5 hour maximum session on their dial-up account. Attempts to defeat the idle timer using a ping-bot or system tool, or the use of a redialer to automatically reconnect once disconnected is prohibited. Inactivity is defined as less than 500 bytes of data transferred between User's modem and the service. 

User understands that unlimited service does not mean dedicated service. Dedicated service shall be defined as an average of more than 15 channel hours a day, based on a 30 day calendar month usage report. User may be blocked and forced to upgrade to continue service if their unlimited account is used as a dedicated connection. 

User understands that some services may be offered as limited. Once the user has reached their limit, they shall not have access to the internet until the 1st of the next month. User will not be given and may not purchase more than one limited account in an attempt to get unlimited access on a limited service. If user wants unlimited, they must purchase an unlimited account. 

The right to use the Service is not transferable. Accounts are for User's use only. User shall be responsible for the confidentiality of User's password. Loaning User's account to others, connecting a system used by multiple persons, group use of user log-ins, and consuming more than one modem line are explicitly prohibited. If User has multiple accounts, then User shall be limited to one log-in session per system account at any time. 
Email Restrictions
User agrees that Port 25 (SMTP) is blocked for all outgoing mail servers except our own. 
User may not send to more than 25 recipients at a time. 
User may not send more than 100 emails per hour period. 
User may not send from an email address that is not their own. 
User may not send an email that is over 10 MB in size. 
User may not forge message headers to hide the origin of their email. 
Provider may block certain attachment types used in transmitting viruses. 
 
Hosting Restrictions (on Unlimited Accounts)
User may not run any daemons on the server. 
User may not run any program that sends out bulk email through the hosting server. 
User may not run any formmail.pl program earlier than version 1.92 

Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website to a regular hosting account if an excessive amount of bandwidth is being used. User may not purchase more  hosting packages and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 5 GB of bandwidth per month on the free website included with your unlimited account on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system. 

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities including, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials. 

FastAr reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement. 

Right to Cancel 
We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation. 

System Backups
We perform system backups on all User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity. 

Although we perform system backups on hosting content,(provided with the unlimited accounts only), we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity. 

No Confidentiality 
Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Privacy Policy
FASTAR.NET®, offers customers Dialup Internet Services to individuals and enterprises of all sizes. By virtue of operating one of the largest infrastruct- ures in the world, customer privacy is something we take very seriously. This privacy policy is designed to inform our customers and visitors to our website how we collect and use the personal information you elect to provide to us.
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If you are a visitor to our website and you choose to register for our services or provide us with personal information, you authorize us to use such information as set forth in this privacy policy. 

FASTAR.NET collects only the information necessary to serve our customers

When you visit our website, you may provide us with two general types of information – personal information that you consciously choose to disclose to us on an individual basis, and website use information that we collect on an aggregate basis as visitors browse our website. You may also provide us with the personal information required for us to provide the services that you purchase from us, however we only request the personal information necessary to establish and service our customers' dialup and email accts. This may include, depending on the service purchased:
• Full name 
• Company name 
• Mailing address 
• Phone number 
• Password 
• Credit/Debit card/Electronic Check account information for billing purposes

We may also collect information such as country, state, county and city. This information is used only and solely to determine the demographic statistics of those using our services. 
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You may also choose to provide us with a resume in response to available employment opportunities that we post on our web site. We only use the information included on your resume to evaluate you as a candidate for employment.
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From time to time, we may use the personal information that you provide to us to notify you about important changes to our web site, our services or special offers that we think you will appreciate. If we co-sponsor a special offer with another company and if you choose to provide personal information relative to the offer, then the information you provide may be used by both us and the co-sponsor. You may opt out by notifying us at privacypolicy@fastar.net or by clicking on the opt out link within the body of the email message.
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Visitors to our web site are not required to register or purchase our services in order to use our web site. 

Use of Cookies
A cookie is a small text document that a web server can store temporarily with your web browser. Each time you visit a website, that website's server asks your computer's browser for permission to store a cookie on your hard drive in an area specifically designated for cookies. Cookies are useful for having your computer remember specific information from a particular website's server to be reloaded the next time you surf that server's website. Cookies help us gather feedback on our website to better serve customers. 
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A cookie file is not a secret way for a web server to gain access to personal information about you or your computer. Each cookie is marked with information about its destination website server—your computer will not send cookies to any other website server. You may elect to be notified each time a website's server asks permission to store a cookie by amending certain settings in your web browser so that you have the ability to refuse a cookie when it is being served.
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Our use of cookies is limited to the following:
To learn more about how our visitors use our website by analyzing usage patterns in the aggregate. We never use information collected from cookies to profile individual visitor behavior. 
To collect information about how advertisements prompt visits to our website. In cases where a visitor views an advertisement which leads to our website, and subsequently fills out our visitor profile requesting information about our services, we combine information about that advertisement collected from cookies with the visitor profile in order to gauge the effectiveness of various advertising campaigns. 
To keep track of the services you purchase from us and to maintain a list of purchases in your shopping cart.

We may require that you accept cookies in order to access certain of our services or features available through our services. We do not however, require you to accept cookies while visiting our website. If you set your browser to refuse all cookies, you can still enjoy complete access to all areas of our website.

FASTAR.NET tracks Internet Protocol ("IP") addresses for your protection

An IP address is a number that is assigned to your computer each time you log onto the Internet. If you purchase our services, the email messages that you send through our services typically contain your IP address in the header information of the email message. IP addresses provide the recipient of your email message with the ability to track your IP address to your Internet service provider or the location of the computer from which you sent the email message.

Disclosure of your information: 
We do not sell, rent, or share your personal information with any third party, except as necessary to provide our services. We have in the past and may in the future, enter into strategic partnerships, alliances or other business arrangements with third parties in order to provide and enhance our services. These third parties are not granted access to your personal information without your prior notification and permission. 
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We have chosen a third party to process our credit card transactions in order to provide enhanced security, reliability and fraud protection mechanisms for your purchases. The credit card information that you choose to provide during your purchase is maintained in our credit card processing company's database for accounting and billing purposes. We do not maintain a copy of your credit card information on our servers. 
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Under certain situations, we may release your personal information if required by law, or if we believe the disclosure is necessary to abide by law or to protect our website or users of our services, or to defend our property. We will only disclose the minimum information that we are required to disclose.

FASTAR.NET is a strong advocate of children's privacy

We believe, as a core principal, that it is of utmost importance to protect the privacy of children online. Our services are not intended to be used by, nor do we intentionally collect personal information from, children under the age of 18. We comply with all federal laws and regulations regarding the privacy of children, including the Children's' Online Privacy Protection Act. 

FASTAR.NET is committed to data security 
We understand the increasing need and desire of our customers to secure their email messages over the Internet. To prevent unauthorized access and maintain data security of our customer's personal information and email messages, we have in place commercially accepted physical, electronic, and managerial security and enforcement procedures to safeguard against the loss, misuse, corruption and unauthorized access, disclosure, alteration or destruction of our customers' information or email messages, including the use of Secure Sockets Layer (SSL) encryption for the transmission of credit card and personal information.
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We keep the personal information that you provide to us during the registration process on ourinternal servers for the period of time that your account is active and for up to one year after your account is terminated or cancelled, at which time the information is deleted from our servers. 

Updating your personal information
You may update the registration data that you provided to us when you set up your account using your email account, fax or calling our office at the number located on our contact page. 
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For all of our other services, changes to your personal information must be made through your designated Administrator or Postmaster.
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You may also request changes to your personally identifiable information by emailing privacypolicy@fastar.net.

FASTAR.NET may make changes to this policy
We review this privacy policy at regular intervals and at least annually for compliance with internal procedures and industry standards. We reserve the right to change to this privacy policy at any time and may not notify you of such changes. If we change this privacy policy, we will post the changes on the Privacy Policy link on our website located at www.fastar.net so that you will always know what information we collect from you and how we use it. We encourage you to check our website frequently for updates.

FASTAR.NET is here to help you

If you have other questions about our privacy policy, please send us an email at privacypolicy@FastAr.Net.

Billing Policies

Failure to Comply With Terms and Conditions 

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. 

Miscellaneous 
In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of Services following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Arkansas without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.