Vast Networks Terms and Conditions

By using Vast Networks 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.

Section 1: Network Management Practices

Vast Networks does not participate in any traffic shaping, filtering, or prioritization schemes that would unreasonably discriminate against the transmission of lawful network traffic. Likewise, Vast Networks 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 Networks for non–network management purposes.

Vast Networks only provides technical support for Vast Networks–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 Networks–issued routers for the transmission and receipt of lawful network traffic, including (but not limited to) voice, video, and other types of data services.

Latency on the Vast Networks network is, on average, 25–100 ms. The Vast Networks network is suitable for real-time and/or time-sensitive applications, including (but not limited to) voice and video streaming.

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 Networks 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 its own rules, as follows: if the Customer fails to pay their Vast Networks 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 Networks’ 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 Networks–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 Networks 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 Networks 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 Networks 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 Networks 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 Networks’ customers or from 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, non-deliveries, misdeliveries, or Service interruptions caused by Vast Networks or anyone else.

Section 6: Limitation of Liability

In no event shall Vast Networks be liable to or through Customer or anyone else for:

1. any direct, indirect, special, incidental, exemplary, and/or extraordinary or consequential damages of any nature whatsoever, even if Vast Networks 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;
2. 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
3. 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 Networks’ 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 Networks’ Services and system and shall survive the expiration or termination of this Agreement.

Customer acknowledges that Customer’s use of Vast Networks’ Services and systems and the Internet in general is at Customer’s sole risk, and no representation or warranty has been made that Vast Networks’ 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 Networks’ negligence, shall be limited to the amount paid by Customer to Vast Networks 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 Networks, 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 Networks, 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 Vast Networks, if:

1. the use of the Customer’s account does not comply with Vast Networks’ policies or the terms and conditions of Service, including, but not limited to, account delinquency or abuse or unlawful use of the Services; or
2. the use of Customer’s account disrupts or, in Vast Networks’ reasonable judgment, could disrupt Vast Networks’ business operations.

Vast Networks may, at its discretion, deny Internet access to those Customers who use the Vast Networks network to store, post, transmit, display, or otherwise make available obscene, defamatory, trade libelous, harassing, abusive, or threatening language.

Internet access may be terminated by Vast Networks without notice if Customer breaks copyright law by posting or sharing copyrighted material.

In addition to the foregoing, Vast Networks 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.

Redistribution of Services

Redistribution Package: Redistribution services are available to business accounts only. Vast Networks reserves the right to block redistribution of Vast Networks service if Vast Networks deems the redistribution unreasonable in scope.

Commercial redistribution by Customer for resale is not permitted. Redistribution of services without prior approval of Vast Networks will result in immediate termination of service. Redistribution services may be shut down by Vast Networks at any time, and for any reason, without prior notification.

Customer is responsible for all abuse activity which may occur on the redistributed services network. Customer will be charged the standard network labor rate for abuse investigation performed by Company for abuse that takes place on the redistribution services network.