By utilizing the services (the “Services”) provided by Fast Wave Networks, LLC (“Fast Wave”), you (sometimes referred to herein as “Subscriber”) have agreed to subscribe to one or more broadband services provided by FAST WAVE, and FAST WAVE has agreed to provide you these services and to grant to you a non-exclusive license to use the appropriate software and any hardware provided by FAST WAVE as part of the service(s), for the term of your agreement. Use of FAST WAVE’s broadband services and any software or hardware furnished to Subscriber by FAST WAVE is provided subject to the following Terms and Conditions. PRIOR TO YOUR USE AND SUBSCRIPTION TO THE SERVICES, YOU MUST READ THE FOLLOWING TERMS AND CONDITIONS. YOUR SUBSCRIPTION FOR, AND USE OF, THE SERVICES REPRESENTS YOUR AGREEMENT TO THESE TERMS AND CONDITIONS, AND IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT SUBSCRIBE FOR, OR USE, THE SERVICES. FAST WAVE reserves the right to amend these Terms and Conditions at any time, and you can review the most current version of these Terms and Conditions at http://www.fastwavenetworks.com. YOU ARE SOLELY RESPONSIBLE FOR THE PERIODIC REVIEW OF THESE TERMS AND CONDITIONS FOR ANY CHANGES. Your continued subscription to, and use of, the Services following any changes to these Terms and Conditions constitutes your acceptance to any such changed or updated provisions. In addition to, and not in lieu of, these Terms and Conditions, the Subscriber is subject to the terms, conditions and provisions of the applicable Acceptable Use Policy (AUP) of FAST WAVE (as amended and in effect from time to time, the “Acceptable Use Policy”) and the Internet Policy (IP) of FAST WAVE (as amended and renewed from time to time, the “Internet Policy”) located at http://www.fastwavenetworks.com.

1. If you are a VoIP or other customer of Fast Wave Networks, in addition to being an Internet customer, the Terms and Conditions of your Internet service, including the limitation of liability, shall also apply to your VoIP or other service. Additional information and requirements of VoIP can be found at http://www.fastwavenetworks.com.
2. The utilization of any data or information received by Subscriber from the utilization of the Services to be provided by FAST WAVE is at Subscriber's sole and absolute risk. FAST WAVE specifically disclaims and denies any responsibility for the completeness, accuracy or quality of information obtained through the Services to be provided hereby. Subscriber understands and agrees that: (a) FAST WAVE’s provision of the Services is subject to the availability and operational limitations of the requisite equipment and associated facilities; (b) temporary interruptions of the Services may occur in connection with the normal use of the Services, and FAST WAVE will not be liable for such interruptions (c) FAST WAVE has no control over third party networks that Subscriber may access in the course of Subscriber’s use of the Services, and, therefore, FAST WAVE has no control over any delays, interruptions and disruptions of other network transmissions; FAST WAVE reserves the right to modify or discontinue (temporarily or permanently), at any time and from time to time any function or feature of the Services with or without notice, and FAST WAVE shall not be liable to Subscriber or any third party for any such modification, suspension or discontinuance.
3. Subscriber acknowledges and agrees that all information, documents, products and software (the “Materials”) provided with the Services (a) were provided by or to FAST WAVE by their respective manufacturers, authors, developers, licensees and vendors (the “Third Party Providers”), (b) are copyrighted works of FAST WAVE and/or such Third Party Providers, (c) except as provided herein in connection with the use of the Services by the Subscriber, may not be copied, reproduced, resold, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior express written consent of FAST WAVE or the applicable Third Party Provider, and (c) may not be mirrored on any other server without the prior express written consent of FAST WAVE. Nothing provided with the Services shall be construed as conferring any license under any intellectual property rights of FAST WAVE or any Third Party Provider. ANY UNAUTHORIZED USE BY SUBSCRIBER OF ANY MATERIALS PROVIDED WITH OR THROUGH THE SERVICES MAY VIOLATE COPYRIGHT LAWS, TRADEMARK LAWS, PRIVACY LAWS, PUBLICITY LAWS AND COMMUNICATIONS REGULATIONS AND STATUTES FOR WHICH SUBSCRIBER SHALL BE SOLELY RESPONSIBLE. Materials provided by Third Party Providers have not been independently authenticated in whole or in part by FAST WAVE, and FAST WAVE does not provide, sell, license or lease any such Materials other than those specifically identified as being provided by FAST WAVE.
4. All information that Subscriber provides to FAST WAVE must be accurate, including Subscriber’s name, address, credit card numbers (and expiration dates thereof) and any other payment information. Subscriber is responsible for promptly providing FAST WAVE with any changes to any such personal information in order to maintain the accuracy of such. Subscriber is solely responsible for maintaining the confidentiality of Subscriber’s log-in ID and password with the Services, and is solely responsible for any liability or damages resulting from Subscriber’s failure to maintain such confidentiality. Subscriber is solely and fully responsible and liable for all activities through the Services which occur under Subscriber’s log-in ID. Subscriber shall immediately notify FAST WAVE if Subscriber suspects that any breach of security has occurred such as loss, theft, or unauthorized disclosure or use of Subscriber’s log-in ID or password.
5. The Services may be linked to other websites which are not under the control of and are not maintained by FAST WAVE, and FAST WAVE is not responsible for the content of such websites. FAST WAVE is providing such links only as a convenience, and the inclusion of any link to any such website shall not imply endorsement of such website by FAST WAVE.
6. Any software that is available to download with the Services (the “Software”) is the copyrighted works of FAST WAVE and/or Third Party Providers and shall be governed by these Terms and Conditions, the Acceptable Use Policy, and the Internet Policy. The End User may use, access, display, run, or otherwise interact with one copy of the Software, on a single computer. Copies of the Software may be made for safety or archival purposes only, and these Terms and Conditions shall apply also to such copies. Without FAST WAVE’s prior written consent, the Subscriber is not entitled to use or copy, or in any way transfer or use, the Software in any manner except in connection with Subscriber’s use of the Services pursuant to these Terms and Conditions, the Acceptable Use Policy, and the Internet Policy. Subscriber is not entitled to create, reverse engineer, decompile or disassemble the Software, or information, or material connected to the Software. Markings or information regarding patent, copyright, or copyright notices on or in the Software or computer media through which the Software is accessible to the Subscriber, or on or in any documentation provided by FAST WAVE, may not be removed, changed, or modified by Subscriber in any way. Subscriber is not entitled to grant any sublicense, lease or lend, or permit any third party to use, access, modify or dispose of, the Software (whether directly or indirectly, and whether with compensation or free of charge). Subscriber shall ensure that all computers on which the Software is installed are free from viruses, worms, trojan horses and other malicious code.
7. FAST WAVE MAKES NO, AND HEREBY DISCLAIMS, WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, FOR THE SERVICES, MATERIALS, SOFTWARE OR HARDWARE IT IS PROVIDING, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. FAST WAVE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE MATERIALS PROVIDED WITH THE SERVICES. FAST WAVE WILL NOT BE RESPONSIBLE FOR ANY DAMAGES SUBSCRIBER SUFFERS. THIS LIMITATION INCLUDES LOSS OF DATA RESULTING FROM DELAYS OR SERVICE INTERRUPTIONS, WHETHER DUE TO GENERAL MAINTENANCE OF THE NETWORK OR CAUSED BY SUBSCRIBER OR DUE TO FAST WAVE'S NEGLIGENCE, ERRORS OR OMISSIONS, OR DUE TO INADVERTENT RELEASE OR DISCLOSURE OF INFORMATION SENT BY SUBSCRIBER. THE SERVICES, MATERIALS, SOFTWARE, HARDWARE AND ANY DOCUMENTATION PROVIDED BY FAST WAVE TO SUBSCRIBER ARE PROVIDED “AS IS”, WITH ALL FAULTS AND DEFECTS, AND ARE FOR PERSONAL USE ONLY. NO EMPLOYEE, REPRESENTATIVE OR AGENT OF FAST WAVE HAS ANY AUTHORITY TO BIND FAST WAVE TO ANY AFFIRMATION, REPRESENTATION OR WARRANTY. FAST WAVE’S SOLE OBLIGATION IN CASE OF A SERVICE INTERRUPTION SHALL BE PROVIDING A PRORATED CREDIT FOR THE AMOUNT OF TIME OF AN OUTAGE, PROVIDED SUBSCRIBER PROVIDES WRITTEN NOTICE OF ANY SUCH OUTAGE WITHIN 30 DAYS. THE FOREGOING STATES FAST WAVE’S ENTIRE LIABILITY AND SUBSCRIBER’S SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT, THESE TERMS AND CONDITIONS, THE INTERNET POLICY, AND THE ACCEPTABLE USE POLICY. UNDER NO CIRCUMSTANCES SHALL FAST WAVE HAVE ANY LIABILITY TO THE SUBSCRIBER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY DESCRIPTION, WHETHER ARISING OUT OF WARRANTY OR OTHER CONTRACT, NEGLIGENCE OR OTHER TORT, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOST GOODWILL, LOSS OF INVESTMENT, LOST PROFITS, BUSINESS INTERRUPTION, LOST DATA, LOST USE OR OTHER LOSSES.

8.   Subscriber and its Users shall indemnify and hold harmless Fast Wave and its directors, officers, employees and agents (collectively, the “Indemnified Parties”) from and against any loss, cost, claim, liability, damages, or expenses (including, without limitation, reasonable attorney’s fees and disbursements) relating to or arising out of any claim by any third party in connection with the use of the Services by Subscriber, any of its Users, or any of their personnel, whether or not Subscriber or such User has knowledge of or has authorized such access or use, including, without limitation, claims for libel, slander, invasion of privacy, infringement of copyright, patent infringement (where Subscriber or User has used, connected, or combined the Service with the products or services of others), negligence, or tortious behavior. Further, Subscriber and its Users shall indemnify and hold harmless the Indemnified Parties, together with such other parties from whom Fast Wave obtains network services, from any claims resulting from the use of the Services by Subscriber or its Users that damage another party or that violate applicable law.

 

9.    Unless otherwise explicitly stated, any information, documents, software or other materials provided by Subscriber in connection with the Services shall be deemed to be provided on a non-proprietary and non-confidential basis. FAST WAVE shall have no obligation of any kind with respect to such information or other materials. Subscriber acknowledges and agrees that Subscriber is responsible for any such submitted information or other materials, including the legality, reliability, appropriateness, originality and copyrights associated therewith.

10.  FAST WAVE controls and operates the Services from various locations in the United States of America (as identified and updated from time to time on its website located at www.fastwavenetworks.com), and makes no representation that the Materials or the Services are appropriate or available for use in other locations. If Subscriber uses the Services or the Materials from other locations, Subscriber is solely responsible for compliance with applicable local laws including without limitation the export and import regulations of other nations. Subscriber acknowledges and agrees that the Materials are subject to U.S. Export Administration Laws and Regulations, and diversion of such Materials contrary to U.S. law is prohibited. Subscriber agrees that none of the Materials, nor any direct product there from, is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or other nationals (as listed in the U.S. Export Regulations, as such list may change and be in effect from time to time), nor be used for nuclear activities, chemical biological weapons, or missile projects unless authorized by the U.S. government. The list of embargoed or other nationals is subject to change without further notice from FAST WAVE, and Subscriber must comply with the list as it exists in fact. Subscriber hereby certifies that Subscriber is not on the U.S. Department of Commerce’s Denied List or affiliated lists of the U.S. Department of Treasury’s Specially Designated Nationals List. Subscriber agrees to strictly comply with all U.S. export laws and assumes sole responsibility for obtaining licenses to export or re-export as may be required.

 

11.  Use of FAST WAVE's services is subject to compliance with FAST WAVE's Acceptable Use Policy and Internet Policy. Any access to other networks connected to FAST WAVE's network must comply with the rules for that other network.

12.  The Services may include inaccuracies or typographical errors.

13.  FAST WAVE assumes no liability for use of its service by a minor.

14.  You will be billed according to the plan you signed up for on your credit card for the upcoming period of service. State and federal taxes and surcharges may apply. No refunds will be given for partial months already charged to credit cards.

15.  All equipment not purchased from FAST WAVE, but supplied by FAST WAVE (such as a signal booster, telephone device, router, modem, access point, etc.) for use with any of its broadband services remains the property of FAST WAVE. Upon termination or expiration of this contract for service, all such equipment must be returned to FAST WAVE. Should you fail to return equipment within 30 days of discontinuation, FAST WAVE reserves the right to charge you the replacement cost for said equipment on the credit card of record.

16.  Use of FAST WAVE’s network constitutes acceptance of these Terms and Conditions and an agreement to pay for use of the services as outlined herein.

17.  FAST WAVE, or its authorized agents, shall make all repairs and modifications of FAST WAVE’s facilities. Subscriber agrees not to disturb, tamper with, destroy in any way, reroute or in any way interfere with any component of FAST WAVE services. As the subscriber you are financially responsible for equipment replacement required as a result of gross negligence or willful misconduct by yourself or willful act of negligence misconduct of your guests or agents. Subscriber agrees to repay FAST WAVE any and all damages if any, plus reasonable costs and attorney's fees incurred by FAST WAVE in enforcing this provision.

18.  FAST WAVE is not responsible for problems with the operation of computers and other equipment not owned by FAST WAVE. In the event that FAST WAVE’s repair service is requested for problems which, in FAST WAVE's judgment, relate to equipment not owned or installed by FAST WAVE, a service charge will be imposed for visit. This repair is provided to the subscriber at the subscriber’s own risk. FAST WAVE assumes no liability for any configuration problem, lost data or other computer related issues resulting from such repair service by FAST WAVE or its agent.

19.  In case of termination or expiration of the Services, the Subscriber shall immediately return to FAST WAVE the Software and all copies, parts, and documents related thereto. In connection therewith, the Subscriber shall confirm in writing that it has fully complied with this obligation.

 

20.  These Terms and Conditions, the Acceptable Use Policy, and the Internet Policy shall be governed by, construed under and in accordance with the laws of the State of New Jersey (other than conflict of laws rules). Any dispute in connection with these Terms and Conditions, the Acceptable Use Policy or the Internet Policy or the Services shall be in accordance with the dispute resolution procedures noted below:.

a.     The parties desire to resolve disputes arising out of this Agreement without litigation. Accordingly, except for action seeking a temporary restraining order or injunction related to the purposes of this Agreement, or suit to compel compliance with this dispute resolution process, the parties agree to use the following alternative dispute resolution procedure as their sole remedy with respect to any controversy or claim arising out of relating to this Agreement or its breach.

b.    At the written request of a party, each party will appoint a knowledgeable, responsible representative to meet and negotiate in good faith to resolve any dispute arising under this Agreement. The location, format, frequency, duration, and conclusion of these discussions shall be left to the discretion of the representatives. Upon agreement, the representatives may utilize other alternative dispute resolution procedures such as mediation to assist in the negotiations. All negotiations conducted before or during mediation, all statements made during mediation sessions, all documents prepared specifically for mediation sessions, and all statements and decisions by the mediator shall be kept confidential and shall be treated as compromise and settlement negotiations and shall be inadmissible as evidence for any purpose in any subsequent proceeding.

c.     If the negotiations do not resolve the dispute within 60 days of the initial written request, the dispute shall be submitted to binding arbitration by a single arbitrator pursuant to the Commercial Arbitration Rules of the American Arbitration Association. A party may demand such arbitration in accordance with the procedures set out in those rules. Discovery shall be determined by mutual agreement of the parties. The arbitration hearing shall be commenced within 60 days of the demand for arbitration. The arbitration shall be held in Cherry Hill, NJ. The arbitrator shall control the scheduling so as to process the matter expeditiously. The parties may submit written briefs. The arbitrator shall rule on the dispute by issuing a written opinion within 30 days after the close of hearings. The times specified in this section may be extended upon mutual agreement of the parties or by the arbitrator upon a showing of good cause. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.

d.    Each party shall bear its own costs in connection with attempts to resolve any dispute up through and including arbitration. The parties shall equally split the fees of mediation, the mediator, arbitration and the arbitrator.

 

21.  In the event that any provision of these Terms and Conditions, the Acceptable Use Policy, or the Internet Policy shall be rendered invalid or unenforceable, such invalidity or unenforceability shall not invalidate or render unenforceable any other provision of these Terms and Conditions, the Acceptable Use Policy, or the Internet Policy  and these Terms and Conditions, the Acceptable Use Policy, the Internet Policy shall continue in full force and effect and be construed as if they did not contain such invalid or unenforceable provision.

22.  “Fast Wave Networks”, the “Fast Wave Networks” logo, and all FAST WAVE-based trademarks, logos, graphics, brands and symbols are trademarks or registered trademarks of FAST WAVE.

23.  Notices and demands made pursuant to Section 512(c) of the Digital Millennium Copyright Act or other notices should be submitted to:

Fast Wave Networks, LLC

22 Maple Leaf Circle

Sewell, NJ 08080