Terms and Conditions
1. Acceptance of Terms. This is a binding agreement between you and Fireline Network Solutions, Inc., a California corporation d/b/a “Fireline Broadband” (“us,” “we,” or “Company”). By using the website located at www.firelinebroadband.com and/or www.fixthenet.com (the “Site”), or any services provided in connection with the Site, including but not limited to wireless internet services, colocation datacenter services, offsite backup data services, and web and e-mail hosting services (collectively the “Services”), you acknowledge that you have read these Terms of Use and agree to be bound by and to abide by them as they may be amended by Company from time to time in its sole discretion. Amended Terms of Use are effective immediately upon being posted. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Site and cease all use of the Services and the Site.
YOU AGREE THAT BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD. IF YOU DO NOT AGREE TO THESE SITE TERMS AND CONDITIONS, THEN YOU MAY NOT USE THE SITE OR THE SERVICES.
2. Privacy Policy. Company respects your privacy and permits you to control the treatment of your personal information. A complete statement of Company’s current Privacy Policy can be found by clicking here. Company’s Privacy Policy is expressly incorporated into this Agreement by this reference.
3. Site Access. Company hereby grants you permission to use the Site or Services as set forth in this Terms of Use, provided that: (i) you will not copy or distribute any part of the Site in any medium without Company’s prior written authorization; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purpose; and (iii) you will otherwise comply with the terms and conditions of these Terms of Use.
4. Compliance with Intellectual Property Laws. When accessing the Site or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, trade secret, or other intellectual property or proprietary rights (collectively, “Intellectual Property”). You agree to abide by laws regarding ownership and use of Intellectual Property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights.
5. Inappropriate Content. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that, in the sole judgment of Company, is: (i) in violation of, or advocates or encourages the violation of, any local, state, federal, or non-United States law or regulation (including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations); (ii) threatening, abusive, hateful, or harassing; (iii) obscene, indecent or pornographic; or (iv) libelous or defamatory. Company reserves the right to terminate your receipt, transmission, or other distribution of such material using the Site or Services and, if applicable, to delete any such material from its servers. Company intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
6. Notice and Procedure for Making Claims of Copyright Infringement. Company has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site. Company has adopted a policy that provides for the immediate suspension and/or termination of any user of the Site who is found to have infringed on the rights of Company or of a third party, or otherwise violated any intellectual property laws or regulations. Company’s policy is to investigate any such allegations brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information:
6.1 A physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
6.2 Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
6.3 Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material;
6.4 Information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted;
6.5 A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6.6 A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of any exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Copyright Agent
Fireline Network Solutions, Incorporated
6464 Sunset Boulevard, Suite 720
Hollywood, California 90028
Phone: (323) 465-6772
Fax: (323) 465-6774
E-mail: abuse@FirelineBroadband.com
7. NO WARRANTIES. COMPANY HEREBY DISCLAIMS ALL WARRANTIES. COMPANY IS MAKING THE SITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE SITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COMPANY OR ANY EMPLOYEE OR REPRESENTATIVE OF COMPANY OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED IN THESE TERMS OF USE.
8. LIMITED LIABILITY. COMPANY’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR ANY OTHER MATERIALS OR SERVICES PROVIDED TO YOU BY COMPANY. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
9. Affiliated Sites. Company has no control over, and no liability for, any third party websites or materials. Company works with a number of partners and affiliates whose Internet sites may be linked with the Site (“Affiliated Sites”). Because neither Company nor the Site has control over the content and performance of these Affiliated Sites, Company makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Company assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Company makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third party content.
10. Prohibited Uses. Company imposes certain restrictions on your permissible use of the Site and the Services. You are prohibited from violating or attempting to violate any security features of the Site or Services, including, without limitation, (i) accessing content or data not intended for you; attempting to circumvent the user authentication or security of any host, network, or account; or using or distributing tools or devices designed or used for compromising security, such as password guessing programs, decoders, password gatherers, unauthorized keystroke loggers, analyzers, cracking tools, packet sniffers, encryption circumvention devices, or Trojan Horse programs; (ii) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (iii) restricting, inhibiting, disrupting, interfering with, or otherwise causing a performance or service degradation to any user, host, server, network, node or service, without regard to intent, purpose, or knowledge, including, without limitation, by means of submitting a virus or other malicious program to the Site or Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (iv) collecting e-mail addresses, screen names, or other identifiers of others (without their prior consent), “spidering,” “harvesting,” or participating in the use of software (including “spyware”) designed to facilitate this activity; (v) using the Site or Services to send unsolicited e-mail, including, without limitation, promotions or advertisements for products or services; (vi) forging or falsifying any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Services; or (vii) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the code used by Company in providing the Site or Services. Any violation of system or network security may subject you to civil and/or criminal liability.
11. Indemnity. You agree to indemnify, defend, and hold harmless Company, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any Intellectual Property or other right of any person or entity. Company will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
12. Company’s Proprietary Rights. All contents of the Site, including the text, graphics, logos, icons, screens and configurations, software, trademarks, and trade dress (collectively, “Company Content”), is the property of Company or its licensors and is protected by U.S. and international intellectual property laws. You do not acquire any ownership rights in or to Company Content by using, printing, downloading or copying any Company Content or using this Site. Any use of Company Content or this Site other than for the express services provided, including, but not limited to, copying, reproducing, modifying, distributing, transmitting, replicating or public exhibition is strictly prohibited.
13. Limited License. Company hereby grants you a personal, non-transferable and non-exclusive right and license to use the object code for the Site and Services on a single computer; provided, however that you shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any rights in the software for the Site and Services. This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data-gathering and extraction tools. This Site or any portion of it may not be reproduced, copied, sold, resold, used, visited or otherwise exploited for any commercial purpose without the express written consent of Company.
14. Modifications. Company may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Site and/or the Services; and (c) discontinue the Site and/or Services at any time. Company shall post any revision to these Terms of Use to the Site, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Site periodically to be aware of any revisions. You agree that, by continuing to use or access the Site following notice of any revision, you shall abide by any such revision. All information posted on the site is subject to change without notice. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.
15. Termination. Company reserves the right to suspend and/or terminate your use of the Services and/or the Site at any time without notice.
16. Governing Law and Venue. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of California, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Los Angeles County, California, in all disputes arising out of or related to the use of the Site or Services.
17. Statute of Limitations. You agree that regardless of any statute or law providing a longer period, any claim arising out of or related to use of the Services or Site or the Terms of Use must be filed within one (1) year after such claim arises or be forever banned.
18. Severability; Waiver. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
19. Disclaimer of Endorsement. Reference herein to any products, services, processes, hypertext links to third parties or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply its endorsement, sponsorship or recommendation by Company. Product and service information is the sole responsibility of each individual vendor. We encourage you to be aware when you leave our Site and to read the terms and conditions and privacy statements of each and every website that you visit. We are not responsible for the practices or the content of such other websites.
