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Terms of Agreement - Notices, Updates and Addendums

The following terms are relevant to users of FastMesh services (fastmesh.com/tofa-m)
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Please read the following Customer Agreement (the "Agreement") carefully before signing up for an account or using the wireless internet Services. This Agreement is a legally binding Agreement between you (an entity or person) and FASTMESH LLC. By proceeding to establish an account and/or use the Services, you agree to be bound to the terms and conditions stated below. If you do not agree to all of the terms and conditions of this Agreement, you must not sign up for an account or use the Services. 
 
CUSTOMER AGREEMENT:
 
The terms and conditions of this Agreement govern the relationship between you ("Customer" or "you") and FASTMESH LLC. FASTMESH LLC provides its wireless internet access Services ("Services"), to customers who establish an account. You must be at least 18 years old to establish an account. By establishing or using an account with FASTMESH LLC, you agree to be bound by this Agreement and to use the Services in compliance with this Agreement and other policies posted on the website.
 
1. PAYMENT OBLIGATIONS. If Payment obligations are required, You must (i) provide FASTMESH LLC with accurate and complete billing information including legal name, address, telephone number, and credit card/billing information, and (ii) report to FASTMESH LLC all changes to this information within 30 days of the change. You are responsible for any charges to your account. If you have questions regarding charges to an account, you should contact FASTMESH LLC's Customer Service Department at 206.317.4336 or by email at support@fastmesh.com. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
 
Charges are billed to your credit card each month for the applicable service plan and any additional usage or services. FASTMESH LLC is not responsible for any charges or expenses (e.g., for overdrawn accounts, exceeding credit card limits, etc.) resulting from charges billed by FASTMESH LLC. Delinquent accounts may be suspended or canceled at FASTMESH LLC 's sole discretion. However, charges will continue to accrue until the account is canceled and collection, chargebacks, and late fees or other similar fees may be added. FASTMESH LLC may bill an additional charge to reinstate a suspended account.
 
2. LOCATIONS AND FEES. Access points or enabled venues may not be available in all areas. The Services may entail different fees at different locations; some locations are not included in FASTMESH LLC's on-going subscription accounts or other flat-rate plans. These rates and locations may be obtained by calling 206.317.4336 or emailing support@fastmesh.com. FASTMESH LLC reserves the right to change prices and locations, and institute new fees at any time. You must use the Billing Portal or contact FASTMESH LLC if you are unsure of the fees charged at a particular location where the Services are available. You are responsible for determining the fees prior to using the Services each time.
 
3. YOUR USERNAME AND PASSWORD; SECURITY. Upon registration, you will receive a unique username and password. You are the only authorized user of your account, unless expressly specified otherwise in your service plan, and your use of your account must comply with this Agreement. If you share your username and password with other members of your household or any guests, you are responsible for enforcing these terms per their usage of the Services. You should keep your password confidential so that no one else may access the Services through your account. Please notify FASTMESH LLC immediately upon discovering any unauthorized use of your account. You agree not to host any public information services over a wireless LAN connection. Usernames and passwords are FASTMESH LLC's property and FASTMESH LLC may alter or replace them at any time.
 
4. MONITORING THE SERVICES. FASTMESH LLC has no obligation to monitor the Services, but may do so and disclose information regarding use of the Services for any reason if, at its sole discretion, FASTMESH LLC believes that it is reasonable to do so, including to satisfy laws, regulations, or governmental or legal requests; operate the Services properly; or protect itself and its customers.
 
5. WARRANTY DISCLAIMER. Except for certain products and services specifically identified as being offered by FASTMESH LLC, FASTMESH LLC does not control any materials, information, products, or services on the internet. the internet contains unedited materials, some of which are sexually explicit or may be offensive to you. FASTMESH LLC has no control over and accepts no responsibility for such materials. You assume full responsibility and risk for use of the Services and the internet and are solely responsible for evaluating the accuracy, completeness, and usefulness of all services, products, and other information, and the quality and merchantability of all merchandise provided through the service or the internet.
 
6. LIMITATION OF LIABILITY. The Services are provided on an "as is" and "as available" basis. FASTMESH LLC does not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components. FASTMESH LLC makes no warranties, express, implied or statutory, and customer waives all warranties, including, but not limited to, warranties of title, noninfringement, merchantability, and fitness for a particular purpose regarding any merchandise, information or service provided by or through directly or indirectly. You expressly acknowledge that there are security, privacy, and confidentiality risks inherent in wireless communications technology and FASTMESH LLC does not make any assurances or warranties relating to such risks. No advice or information given by FASTMESH LLC or its representatives will create a warranty. FASTMESH LLC and its employees are not liable for any costs or damages arising directly or indirectly from your use of the Services or the internet, including any indirect, incidental, exemplary, multiple, special, punitive, or consequential damages. In any event, FASTMESH LLC’s cumulative liability to any customer for any and all claims relating to the use of the Services and/or licensed programs will not exceed the total amount of service fees paid during a one year period preceding the accrual of the claim.
 
7. INDEMNIFICATION. You agree, at your expense, to defend and hold harmless FASTMESH LLC and its affiliates, officers, directors and employees from and against any and all costs, damages and reasonable attorneys' fees resulting from any claim that your use of the Services injured or otherwise violated any right of any third party or violates any law.
 
8. ACCEPTABLE USE POLICY
 
This Acceptable Use Policy applies to all persons and entities (collectively, "customers") using the Services of FASTMESH LLC regardless of their payment status or selected tier of service. This policy is intended to protect FASTMESH LLC and its provided Services and customers. FASTMESH LLC reserves the right to update or modify this policy at any time, effective immediately upon posting of the updated policy. Your use of the Services constitutes your continuing acceptance of the Acceptable Use Policy in effect at the time of your use. 
 
Congestion Management Practices:
FASTMESH LLC’s customers are subject to the maximum upload and download speeds set in our tiered plans unique to each individual property where the Services are provided. FASTMESH LLC is constantly monitoring network traffic to provide sufficient network capacity, to perform diagnostics, and to enhance network performance and robustness. During peak network usage times, FASTMESH LLC may equally allocate available bandwidth among customers based on their chosen tier of service. Additionally, FASTMESH LLC reserves the right to prioritize latency sensitive types of traffic such as VoIP. These practices ensure every FASTMESH LLC customer experiences the highest possible quality of service. FASTMESH LLC reserves the right to use additional methods of congestion management if it becomes necessary on a case by case basis. 
 
FASTMESH LLC’s service is provided on a “best efforts” basis. Circumstances entirely outside of the control of FASTMESH LLC may affect the speed and quality of service, including but not limited to: interruptions to utility power, foliage, line-of-sight obstructions, construction, unusual levels of rain/snow/ice, and the customer’s use of lower-quality or obsolete devices on the FastMesh network.
 
Application-Specific Network Management Practices:
FASTMESH LLC generally allows unlimited use of all legally permitted applications; however, it reserves the right to block or limit access to any applications that it determines, at its sole and reasonable discretion, may expose FASTMESH LLC to potential legal liability, harm the FastMesh network, or otherwise interfere with or impair the experience of other customers.
 
Customer-Triggered Network Management Practices:
FASTMESH LLC’s network is designed and organized in such a way that is intended to prohibit third parties from initiating connections to customers within the network, as well as preventing customers from initiating connections with other customers within the network. FASTMESH LLC reserves the right to block activities on its network that FASTMESH LLC decides, at its sole and reasonable discretion, pose substantial risk to the network or to other customers. Triggering activities include denial of service activity, IP address or port scanning, actual or alleged illegal downloads of copyrighted materials, and excessive failed login attempts. In these cases, FASTMESH LLC will notify the customer that they are responsible to remedy the issue; FASTMESH LLC reserves the right as a reasonable network management practice, without advance notice, to remove, block, filter, or restrict by any other means any customer’s traffic that it determines, at its sole and reasonable discretion, may be illegal, may subject us to liability, or may cause harm to the network or to other customers, until the issue is addressed to FASTMESH LLC’s satisfaction. FASTMESH LLC may notify and cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crimes or civil wrongdoings. Violations of these policies may result in the suspension or termination of access to FASTMESH LLC’s Services, or other necessary actions as detailed above and below.
 
Customer Responsibilities:
FASTMESH LLC does not have control over information obtained through the Internet and cannot be held responsible for its content or accuracy. FASTMESH LLC’s customers agree to the following responsibilities:
 
  • Installation/download or distribution of "pirated" or other software products that are not appropriately licensed for use by the customer is prohibited. 
  • Operating of programs, services, systems, processes, or servers by a single customer or group of customers that may substantially degrade network performance or accessibility will not be allowed.
  • Attempting to circumvent or subvert system or network security measures is prohibited. 
  • Creating or running programs that are designed to identify security loopholes, to decrypt intentionally secured data, or to gain unauthorized access to any system is prohibited. 
  • Using any means to decode or otherwise obtain restricted passwords or access control information is prohibited. 
  • Servers designed specifically for the distribution of spam may not be connected to the network. 
  • Devices designed specifically for the distribution of viruses or other malicious code may not be connected to the network. 
 
Without limiting the foregoing, customers agree NOT to use FASTMESH LLC services to:
 
  • Transmit any material (by uploading, posting, emailing or otherwise) that is unlawful, threatening, abusive, harassing, tortious, defamatory, obscene, libelous, invasive of another's privacy, hateful or racially, ethnically, or otherwise objectionable.
  • Harm or attempt to harm minors in any way.
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted through the services.
  • "Stalk" or otherwise harass another; or collect or store, or attempt to collect or store, personal data about third parties without their knowledge or consent.
  • Transmit any material (by uploading, posting, emailing or otherwise) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements).
  • Transmit any material (by uploading, posting, emailing or otherwise) that infringes on any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  • Resell the services without FASTMESH LLC’s authorization.
 
Any device/customer found to be violating any of the above policies, even without the customer’s knowledge or consent, may be disconnected from the network at FASTMESH LLC’s discretion and the associated account may be terminated; the proper legal authorities will be contacted in any appropriate situation.
 
FASTMESH LLC’s equipment, whether providing service within buildings or establishing connections between buildings is the sole property of FASTMESH LLC and can only be operated and serviced by FASTMESH LLC and its employees. Equipment installed within hallways, closets, resident units, office spaces, stairwells, and any other parts of buildings publicly or privately accessible remains the sole property and responsibility of FASTMESH LLC. Any person or persons found to be tampering with or attempting to move or remove equipment will be provided with fair and reasonable warning; repeat offenders may have their service terminated and/or be prosecuted to the full extent of the law. However, FASTMESH LLC, at its sole and reasonable discretion, reserves the right to terminate service or pursue legal action based on a first offense. 
 
Redress Options:
FASTMESH LLC will respond to customer questions and concerns in a timely manner. Customers may contact FASTMESH LLC at:
  
https://www.fastmesh.com/contact-us
OR: 503.893.8638 
WA: 206.317.4336
support@fastmesh.com
 
FASTMESH LLC requests that anyone who believes there is a violation of this Agreement contact FASTMESH LLC. If available, please provide the following information: (i) the IP address used to commit the alleged violation; (ii) the date and time of the alleged violation, including the time zone; and (iii) any and all evidence of the alleged violation. When reporting an issue regarding unsolicited email please provide a copy of the email messages with full headers which typically provides all of the above data. Other situations will require different methods of providing the necessary information.
 
9. TERM OF AGREEMENT. Continued use of the Services constitutes acceptance of this Agreement and any future versions. If you are dissatisfied with the Services or any related terms, conditions, rules, policies, guidelines, or practices, your sole and exclusive remedy is to discontinue using the Services and terminate your account.
 
10. COPYRIGHTS AND TRADEMARKS. All content included on FASTMESH LLC’s website, including, but not limited to, text, graphics, logos, buttons, icons, images and software, is the property of FASTMESH LLC or its licensors or partners and is protected by U.S. and international copyright and trademark laws. Reproduction, duplication, modification, distribution, transmission, replication, display or performance of the content of the website without the express written permission of is strictly prohibited.
 
11. TERMINATION. You may terminate your account at any time and for any reason by providing notice of intent to terminate to FASTMESH LLC at least 5 days prior to the end of your billing cycle. Notice must be provided by email to support@fastmesh.com or by speaking to a FastMesh Representative. Your termination will only be complete upon your receipt of a cancellation confirmation from support@fastmesh.com. If a termination notice is received at least 5 days prior to the end of your current billing cycle, termination of your account will be effective at the end of your then current billing cycle. If a termination notice is received less than 5 days prior to the end of your current billing cycle, charges to your account may continue until the end of the following billing cycle. If an account termination is requested within 5 days of account creation, the account is eligible for a full refund. 5 days after account creation. Other refunds may be available on a case by case at FASTMESH LLCs sole discretion.
 
Without prior notice, FASTMESH LLC may terminate this Agreement, your password, your account, or your use of the Services, for any reason, including, without limitation, if FASTMESH LLC, at its sole discretion, believes you have violated this Agreement or any of the policies applicable to customers, or if you fail to pay any charges when due. FASTMESH LLC may provide termination notice to you by email. All notices to you will be deemed effective on the first (1st) calendar day following the date of electronic mailing.
 
The provisions of the following sections of this Agreement will survive termination of this Agreement 3, 5, 6, 7, 8, 10, 11
 
Note - These terms are subject to change without notice, and by using the FastMesh network, you agree to these and any updated terms  posted at https://www.fastmesh.com/tofa-m .
 
Free Trials - Terms and Conditions:
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FASTMESH LLC may provide free trials of premium service plans at select locations. Only 1 free trial is allowed to each Customer; additional free trials may be offered only at the discretion of FASTMESH LLC. However, Customers who have created a FastMesh account at any time, whether that account is active or expired, are prohibited from making a free trial account. If a Customer is found to be creating multiple free trial accounts, exploiting the free trial system, or in any other way violating these terms, FASTMESH LLC may terminate that Customer's free trial account without providing notice. 
 
The standard free trial duration is 5 days after account creation. FASTMESH LLC may release free trials of different durations if deemed appropriate. Customers are not required to provide payment information to enroll in a free trial; there is no required fee when a free trial expires. At the end of the free trial duration, Customers are encouraged to renew their free trial account to a premium tier of service. Exact free trial details and account speeds vary based on location and service plan. Free trial Customers are NOT exempt from adhering to the terms and conditions outlined in the Agreement; by creating a free trial account the Customer agrees to be bound to the terms and conditions stated in this Agreement.
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AutoPay - Terms and Conditions
 
The following terms and conditions apply if you enroll in FastMesh AutoPay:
 
You, the customer, agree to allow FASTMESH LLC to automatically charge the credit/debit card you provided on a recurring basis for payments applying to your chosen FastMesh Plan.
 
You, the customer, understand that payments will be processed on a monthly basis and will not exceed the monthly price for the customer’s chosen FastMesh Plan; there are no additional fees or taxes associated with signing up for or continuing use of Auto Pay.
 
FASTMESH LLC may discontinue recurring billing if it is unable to secure funds from the customer’s provided credit card. After any charges to a customer’s card are declined, that customer’s account will remain expired until the issue is rectified and payment is completed manually by the customer. Customers can make manual payments and re-enroll in autopay if recurring billing is removed from an account. Any overdraft fees, late fees, or other transaction fees assessed by the customer’s chosen financial institution are the full responsibility of the customer. All charges are considered valid unless disputed in writing within 30 days of the billing date. Adjustments will not be made for charges that are more than 30 days old.
 
The customer is fully responsible for providing FASTMESH LLC with complete, accurate, and current payment information including legal name, address, telephone number, and credit card information. Any and all changes must be reported to FASTMESH LLC within 30 days of the change. 
 
The customer cancelling their credit card without notifying FASTMESH LLC does not exempt them from the charges due each month, and FASTMESH LLC is entitled to the payment once the correct information is provided or determined. Some card brands may automatically bill the new credit card without notification to us. To update your credit card information, or to change your AutoPay status, please log in to your account. Customer can remove AutoPay from their account at anytime by sending a written request to support@fastmesh.com. However, it may take up to 24 hours for changes in AutoPay status to be updated. Users can also manage their AutoPay status by logging into their account from https://www.fastmesh.com/manage and clicking on the ‘REMOVE’ option under the AutoPay section. This will instantly stop any future AutoPay charges. 


 
FASTMESH LLC reserves the right to update or modify these terms and conditions at any time. FASTMESH LLC may terminate AutoPay at any time. In either case, notice may be provided to the customer via email or other means. 
 
Customers may contact FASTMESH LLC at:
https://www.fastmesh.com/contact-us
OR: 503.893.8638  
WA: 206.317.4336
support@fastmesh.com
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