Vast Networks
Terms & Conditions
Updated: 2/28/13
By using Vast Network Services, Customer accepts and agrees to these terms and conditions and further agrees to abide by the terms and conditions of Service as prescribed by Vast Networks from time to time.
BY USING VAST NETOWRK SERVICES YOU AGREE TO ALL OF THE TERMS AND CONDITIONS SET FORTH IN THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU SHOULD IMMEDIATELY END YOUR USE OF VAST’S SERVICES AND NOTIFY THE VAST’S CUSTOMER SERVICE DEPARTMENT TO CLOSE YOUR ACCOUNT.
COMPANY MAY CHANGE THESE GUIDELINES AND/OR THE TERMS AND CONDITIONS OF THIS AGREEMENT AT ANY TIME, WITHOUT NOTICE, AND SUCH CHANGES SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT. YOU AGREE TO REVIEW THESE GUIDELINES AND THE TERMS AND CONDITIONS OF SERVICE PERIODICALLY TO BE AWARE OF SUCH CHANGES. YOUR CONTINUED USE OF VAST’S SERVICES SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. IF ANY CHANGE TO THIS AGREEMENT IS NOT ACCEPTABLE TO YOU, YOU AGREE TO TERMINATE YOUR USE OF THE VAST’S SERVICES AND YOUR SUBSCRIPTION BY NOTIFYING THE VAST’S CUSTOMER SERVICE DEPARTMENT. “SERVICES” REFERS TO ALL SERVICES AND EQUIPMENT PROVIDED BY OR THROUGH VAST.
Section 1: Network Management Practices
VAST does not participate in any traffic shaping, filtering, or prioritization schemes that would unreasonably discriminate the transmission of lawful network traffic. Likewise, VAST does not block lawful content, ports, applications, services, or non-harmful devices (subject to reasonable network management). Traffic information is not stored, provided to any third parties, or used by VAST for non-network management purposes.
VAST only provides technical support for VAST approved and supplied equipment. Customers connecting unsupported devices must provide their own support, and may be subject to removing said devices if they are deemed harmful to the network. Information required to connect an unsupported device will be provided to the customer upon request.
Users may attach devices behind their VAST issued routers for the transmission and receipt of lawful network traffic to include (but not be limited to) voice, video, and other types of data services.
Latency on the VAST’s network is, on average, 25-100ms. The VAST network is suitable for real-time and/or time sensitive applications including (but not limited to) voice and video streaming.
For any issues regarding service please email support@Vastnetworks.com or phone VAST Technical Support at 559-554-9210.
For questions regarding VAST ‘s conformance to Net Neutrality rules, please email mstewart@vastnetworks.com.
Section 2: Billing Methods
All Customer accounts will be assigned a default method of payment called the Billing Method. Unless previously arranged, all recurring Service charges and non-recurring fees will be applied to the Customer’s current Billing Method. The selection of the Billing Method will be determined exclusively by VAST with the agreement of the Customer. Not all Billing Methods are available to all customers.
Each Billing Method has unique requirements, and is subject to the possibility of non-payment disconnections according to their own rules as follows: If the customer fails to pay their Vast Network’s bill in a timely manner, all Services will be disabled. This action will constitute a non-payment disconnection for this billing method.
Section 3: Customer Use
VAST’s services may only be used for lawful purposes. Spam, unsolicited messages, and any other form of harassment will not be permitted for any reason. Transmission of any material in violation of any federal or state regulation is prohibited. Company reserves the right to terminate Customer’s account without notification in response to the above-mentioned violations.
Security probing or security breaking tools are not allowed on any VAST-owned systems.
Use of robots or any automated software or device to initiate an unattended connection to Company or to maintain an open, unattended connection to Company is not allowed.
Wireless access points used by Customer must be locked down such that no other person or entity can gain Internet access through Customer’s wireless access point. Customer wireless access points for public use must be configured with open DNS. Please contact VAST technical support for details. Customers not adhering to this policy will have their Internet account shut down immediately.
Section 4: Confidentiality and Privacy Notice
While VAST will make every effort to keep the personal information of its Customers private, Customer should not consider any communications to be protected or confidential. VAST cannot guarantee to keep material stored by Customer completely private, and strongly suggests that Customer encrypt Customer’s email and files.
Section 5: No Control Over Content
Customer acknowledges that VAST exercises no control whatsoever over the content of information, products, or Services passing through Company equipment or facilities. In addition, (in accordance with the “Good Samaritan” provision of the federal Communications Decency Act, 47 U.S.C. § 230) Company is not responsible for the content of any information, products, or services passing through its network whether or not the information originated from one of VAST’s customers or by another third party. Acquisition or procurement of information, products, or Services through the facilities or Services of Company occurs solely at the risk of Customer; and Company expressly disclaims any responsibility for claims, losses, liability, or damages which any person or entity alleges arises from obtaining or disseminating such information, products, or Services.
Company is not liable for any loss of data resulting from delays, nondeliveries, misdeliveries, or Service interruptions caused by VAST or anyone else.
Section 6: Limitation of Liability
In no event shall VAST be liable to or through Customer or anyone else for: any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever even if VAST has been advised of the possibility of such (including, but not limited to, lost profits, lost savings, interruption of business, or by reason of mistakes, interruptions, delays, errors, defects in Service, or faulty or misdirected transmission) suffered for any reason by Customer or anyone with respect to Customer’s account or equipment;
any damages, loss, or liability suffered by Customer or anyone as a result of any failure of Customer’s obligations under this Agreement or applicable law or regulation, or with respect to the Customer’s account;
or any claim, action, or proceeding against Customer or anyone by any third party for loss, liability, or damages-any or all of which is based upon, arises out of, or is derived from or otherwise related to the use and/or access which is the subject of this Agreement. Customer’s right to use VAST’s Services and systems is provided “as is” and “when available” and without warranty of any kind or nature, written or oral, express or implied, including without limitation the implied warranties of merchantability and of fitness for a particular purpose, unless otherwise agreed to in writing.
This limitation of warranties was a material factor in the establishment of the fees charged for VAST’s Services and system and shall survive the expiration or termination of this Agreement.
Customer acknowledges that Customer’s use of VAST’s Services and systems and the Internet in general is at Customer’s sole risk and no representation or warranty has been made that VAST’s Services and systems will be uninterrupted or error free.
The Company’s maximum liability to Customer or anyone using Customer’s account for any and all damage, loss, or liability of any kind, including without limitation VAST’s negligence, shall be limited to the amount paid by Customer to VAST for Service charges during the six-month period preceding the claim.
Section 7: Indemnity
Customer agrees to indemnify, defend, through attorneys reasonably acceptable to VAST NETWORKS, and hold Company, its officers, agents, and employees harmless from and against any claim, damages, loss, proceeding, liability, judgment, settlement, costs, or expense (including reasonable attorneys’ fees, fines, and penalties) of every kind and character suffered by VAST, its officers, agents, and employees by reason of any breach or alleged breach or failure of any of the agreements, representations, duties, or obligations of Customer under this Agreement.
This indemnification obligation shall survive the expiration or termination of this Agreement.
Section 8: Termination
VAST, without prejudice to any of its other rights or remedies, may immediately and without further notice, terminate or suspend Customer’s account and Service and this Agreement for cause, and may delete all data, files, or other information stored with the VAST if the use of the Customer’s account, does not comply with VAST’s policies or the terms and conditions of Service; including, but not limited to, account delinquency or abuse or unlawful use of the Services;
the use of Customer’s account disrupts or, in VAST’s reasonable judgment, could disrupt VAST’s business operations; or
VAST may at VAST’s discretion deny Internet access to those Customers who use VAST’s network to store, post, transmit, display, or otherwise make available obscene, defamatory, trade libelous, harassing, abusive, or threatening language.
VAST’s Internet access may be terminated by VAST without notice if Customer breaks copyright law by posting or sharing copyrighted material.
In addition to the foregoing, VAST may terminate this Agreement without cause, upon 30 days written notice to Customer.
Section 9: General
These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with terms and conditions of any order submitted.
Section 9. Redistribution of Services
Redistribution Package: Redistribution services are available to business accounts only. VAST reserves the right to block redistribution of VAST service, if VAST deems the redistribution unreasonable in scope.
Commercial redistribution by Customer for resale is not permitted. Redistribution of services without prior approval of VAST will result in immediate termination of service. Redistribution services may be shut down by VAST at any time, and for any reason without prior notification.
Customer is responsible for all abuse activity which may occur on redistributed services network. Customer will be charged the standard network labor rate for abuse investigation performed by company for abuse that takes place on redistribution services network.