By using the Services provided by Fast Commerce, you are entering into an agreement (the "Agreement") outlined in these Terms of Service and Our Privacy Policy. This Agreement defines the terms and conditions governing Your utilization of the https://www.fastcommerce.com website and the various products and services accessible through Us, including the platform, applications, tools, templates, and more (collectively referred to as the "Services"). These Services empower you to create and publish websites, online stores, and access other e-commerce services, collectively referred to as "Your Sites." You, the Customer, are referred to as "Customer," "You," or "Your" within this Agreement.
To access and utilize our Services, you are required to complete the registration process for an account (referred to as the "Account"). During registration, you must provide accurate information, including your full legal name, current address, phone number, a valid email address, and any other information indicated as mandatory. We will primarily use the email address you provide for communication, including matters related to billing. Please note that we reserve the right to reject your Account application at our sole discretion.
As part of your account setup, you are expected to designate a single "Point of Contact" who holds full authority to enter into agreements and make binding decisions on your behalf. For security purposes, only the Account owner or the designated Point of Contact may make changes to the account or appoint a new Point of Contact. You agree that we may rely on the representations made by your Point of Contact, and you have the flexibility to change the Point of Contact at any time. In cases where there is reasonable doubt regarding the authenticity of any instruction, notice, document, or communication, we maintain the right to request additional authentication from you.
Keeping your password secure is crucial. We strongly encourage you to follow best practices for creating, regularly updating, and securing your password. We will not be held liable for any loss or damage resulting from your failure to maintain the security of your Account or password. It is your responsibility to promptly inform us of any unauthorized use of your password or any security breach.
In the event of a dispute concerning Account ownership, we retain the right to request documentation to verify and confirm ownership. Such documentation may include a copy of your business license or charter, a government-issued photo ID, the last four digits of the credit card on file, and more. We reserve the discretion to determine rightful Account ownership and may transfer an Account to the rightful owner. If we are unable to reasonably establish rightful ownership of an Account, we may temporarily disable the Account until a resolution is reached between the disputing parties.
We will grant you access to the Services that you have subscribed to or purchased through your Account (referred to as the "Purchased Services"). The Purchased Services encompass hosting for your Sites and the content they contain, which can be accessed by visitors and users of your Sites (referred to as "Your End Users").
For the protection of our other customers, we reserve the right to take measures like quarantining one or more of your Sites, controlling traffic, or implementing other necessary techniques. The duration of such actions will be determined by us to safeguard the interests of our other customers and won't include additional support. If any of your Sites becomes the target of a DDoS or similar attack, you authorize us to implement mitigation procedures with or without prior notice, without assuming any liability for any delays, disruptions, or service interruptions. These measures will remain in place until your Site experiences at least 48 hours of uninterrupted, non-malicious, "normal" traffic.
Technical support is exclusively available to paying Account holders, as specified in the purchased plan.
We maintain the right to provide our Services to your competitors and do not guarantee exclusivity in any market segment. Additionally, you recognize that our employees and contractors may also be our customers and may compete with you, while refraining from using your confidential information for this purpose.
We reserve the discretion to refuse, modify, or suspend any part of our Services to anyone, for any reason, without prior notice. While we are not obliged to do so, we may remove materials, suspend or terminate Accounts or Agreements if we determine, at our sole discretion, that the goods, services, or materials offered via a store, or the materials uploaded or posted to a store, violate our Acceptable Use Policy ("AUP") or these Terms of Service. FastCommerce does not commit to pre-screen any goods, services, or materials uploaded or posted to a store.
Any form of verbal or written abuse directed toward any FastCommerce customer, employee, member, or officer, including threats of abuse or retribution, may result in immediate suspension or termination of your Account, at our sole discretion.
Our Products and Services enable you and your End Users to upload, post, transmit, publish, share, store, or manage various types of content, collectively referred to as 'Your Content.' You bear sole responsibility for all your Content and confirm that (i) you possess all necessary rights to distribute your content through our Services, and (ii) Your Content does not infringe upon the rights of any third party. By using our Services, you grant us a worldwide, royalty-free, non-exclusive license to host and utilize Your Content for the purpose of providing the Services to you. It is your responsibility to maintain the security, confidentiality, and integrity of all Your Content transmitted through or stored on our servers. Any loss or irrecoverability of Your Content resulting from your use of the Services is your responsibility.
Please note that our servers are not intended for archiving, and we hold no liability for any loss, damage, or destruction of Your Sites or Your Content. You are solely responsible for backing up Your Sites and Your Content and are encouraged to do so regularly.
We do not pre-screen Your Content and have no obligation to monitor Your Content or other content provided or distributed by others. However, we reserve the right, at our sole discretion, to remove from public view, disconnect, or terminate the hosting of any of Your Content if we find it to (i) violate the terms of this Agreement, including our Acceptable Use Policy, (ii) infringe upon any third party's intellectual property, or (iii) be otherwise objectionable.
We will not intentionally disclose Your confidential information to third parties, except as required in the course of providing Our Services or as described in this Agreement or Our Privacy Policy. Your Confidential Information comprises any materials or information provided by you to us that is not publicly known ('Your Confidential Information'). However, it does not include information that: (a) was in the public domain when we received it; (b) becomes public domain after we received it through no fault of ours; (c) we received from someone other than you without a breach of our or their confidentiality obligations; or (d) we are legally obligated to disclose.
To maintain the quality of our Services, you grant consent to our staff accessing your Account, Your Sites, and Your Content occasionally to investigate complaints or allegations of abuse and to perform the Services described herein.
You acknowledge that Your Content, with the exception of credit card information or data, may be transmitted unencrypted across various networks and may be modified as required to conform to the technical requirements of connecting networks or devices. However, credit card information or data is always encrypted during transfer to or by us.
It's important to note that we do not claim ownership or intellectual property rights in Your Content.
You unequivocally agree to indemnify, defend, and hold harmless Us, Our affiliates, directors, officers, employees, and agents from any and all claims, demands, actions, causes of action, suits, proceedings, losses, damages, costs, and expenses, which may include reasonable attorneys' fees and fees associated with in-house legal personnel. These claims and expenses arise from or are related to the following:
It's important to note that this indemnification is in addition to any indemnification required under the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or any similar policy."