RMVDDS, LLC (dba OMGFAST) (herein referred to as “OMGFAST”) requires that all persons or entities (“You” or “User,”) using any OMGFAST residential or small business broadband data service, voice service, IP Video, site or connection, enhanced communications or telecommunications services and any related products or services ("Service" as defined in more detail in the User Agreement, below) agree to the following terms and conditions.

 

By accessing or using the Service, You confirm your agreement to and acceptance of the following agreements: the OMGFAST User Agreement (section I), the Terms and Conditions for Broadband Data (section II) and the Terms and Conditions Voice over IP (VoIP) services (section III), and all hyperlinked policies, procedures, notifications, posting and agreements and the terms of a Service Order (defined below) between You and OMGFAST .. All of the policies and terms listed in this paragraph are referred to as the “Operating Policies” or the “Agreement.” Subscribers to the Service (each, a “Subscriber”) are responsible for the acts of all Users accessing the Subscriber’s account, and all or part of the Service may be terminated based on acts of such other Users.

 

You acknowledge and agree that the Service is offered on a bundled basis (including broadband data, local, toll and long distance) and cannot be separated. As such, please review all Operating Policies, each of which may applicable to your use.

 

Please read this Agreement carefully before accessing or using the Service. OMGFAST may modify the Operating Policies at any time, and such modifications shall be effective immediately upon posting of the modified terms and conditions electronically or on the OMGFAST website or physically mailing.

 

Section I: User Agreement

 

1. General

You agree to comply with OMGFAST'S Operating Policies (as they may be amended by OMGFAST from time to time). OMGFAST'S Operating Policies are the rules that govern your activity in connection with the Service.

 

OMGFAST has the right but not the obligation to remove any communications, customers, agents and materials that OMGFAST believes in its sole discretion violate the Operating Policies, or any applicable law. You agree to review these terms and conditions periodically to be aware of such modifications and your continued access or use of the Service shall be deemed your conclusive acceptance of the modified terms and conditions. User declares that he or she is 18 years of age or older.

 

You agree to indemnify, defend and hold harmless OMGFAST, its officers, directors, members, attorneys, employees, agents, licensors, suppliers, affiliated companies and their officers, directors, members or employees and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of the Operating Policies by You.

 

2. Definitions 

2.1 “OMGFAST” means Pro Capital Communications, LLC dba OMGFAST, its successors and assigns.

 

2.2 “Fees” mean the following fees and charges for the use of and access to the OMGFAST Service as may be charged by OMGFAST from time to time in accordance with the User Agreement and/or the service plan selected:

 

(a) Any registration fee, monthly subscription fee, install fee, time and material fee, and per minute rates or charges of any underlying OMGFAST Service, as of the date such services are rendered; and

 

(b) Any other payable fees, government regulatory fees, Universal Service fees, assessments and surcharges, taxes, tariffs and other charges.

 

2.3 “Service Order” means a form or other method used by OMGFAST, its agents and/or on the website by which, a User may request or sign-up for OMGFAST Service.

 

2. 4 “OMGFAST Service” (or the “Service”) means any service, site or connection offered by OMGFAST to its Users. These may include but not be limited to broadband access, e-mail addresses, websites, hardware supply, maintenance, installation, troubleshooting, consulting, design, telephony, video, audio, VoIP, IPTV, content download, virus protection and any other services that OMGFAST may offer in the future. Subscriber acknowledges that the customer premises equipment is and shall remain the exclusive property of OMGFAST!.

 

3. Registration 

3.1 The User/Subscriber declares:

 

3.1.1 The information provided in this Agreement constitutes a Letter of Agency, and the information is accurate and up-to-date; OMGFAST is authorized to utilize this authority to modify your long distance carrier, local carrier, internet provider and to port any phone numbers relating to the OMGFAST Service;

 

3.1.2 The Subscriber will use reasonable care to safeguard and keep confidential any password and access number provided to the Subscriber and if the Subscriber believes that the password and/or access number has been lost or stolen, the Subscriber will immediately notify OMGFAST!;

 

3.1.3 Any person(s) using the Subscriber's password and/or access number is either the Subscriber or authorized by the Subscriber; and

 

3.1.4 The Subscriber will inform OMGFAST immediately of any changes to the information provided in any Service Order.

 

3.2 The Subscriber acknowledges that the OMGFAST Service may be governed by additional terms and conditions, such additional terms and conditions to become effective under applicable federal and/or state law.

 

3.3 The Subscriber understands that this order is contingent on OMGFAST’S confirmation that the Subscriber’s premise can receive the necessary signals to technically offer the OMGFAST service and that the Subscriber’s computer is capable of interfacing with OMGFAST’S broadband connection.

 

3.4 The Subscriber affirms personal ownership of the premise or affirms that written permission has been granted for OMGFAST to install all OMGFAST Service related equipment on the Subscriber’s premise.

 

4. Services 

4.1 All services are provided pursuant to the Operating Policies. In the event of any price inconsistency between any Operating Policy and any applicable Service Order, the price lists maintained by OMGFAST shall govern and take precedence. Any other inconsistency shall be resolved in favor of OMGFAST in its sole discretion.

 

4.2 The Subscriber acknowledges that OMGFAST may, in its sole discretion and with or without notice:

 

4.2.1 Vary the OMGFAST Service or any part thereof;

 

4.2.2 Modify the Fees associated with the OMGFAST Service; and

 

4.2.3 Modify or temporarily discontinue the OMGFAST Service or any part thereof.

 

4.3 In consideration of the Subscriber paying the Fees as and when they come due and complying with the Operating Policies, OMGFAST will use its reasonable efforts to provide and maintain the OMGFAST Service. While it is OMGFAST’s intention to allow every Subscriber to fully utilize Subscriber’s contracted bandwidth, OMGFAST may from time to time, at its discretion, dynamically limit the Subscribers total bandwidth usage or total connection establishment in order to permit all Subscribers equitable access to certain limited resources within the OMGFAST network.

 

4.4 The OMGFAST Service is supplied by OMGFAST on an "as is" basis and without any express or implied warranties save for those warranties implied or imposed by and which cannot be excluded or restricted under applicable federal and/or state law. OMGFAST cannot guarantee the service quality of any of its underlying service providers. The entire risk as to the quality and performance of the OMGFAST Service is with the User.

 

4.5 OMGFAST reserves the right to protect the integrity of its network and resources by any means it deems appropriate. This includes, but is not limited to: port blocking, e-mail virus scanning, denying e-mail from certain domains, and putting limits on bandwidth and e-mail.

 

5. Fees and Payments 

5.1 The Subscriber acknowledges and agrees to pay OMGFAST the charges and fees in the manner selected by the Subscriber when they become payable without set-off or deduction.

 

5.2 The records of OMGFAST shall be final and conclusive in respect to the calculation of the Fees save and except for any manifest errors.

 

5.3 Company accepts the following methods of payment: credit card (Visa, MasterCard, American Express and others as may be acceptable to OMGFAST from time to time) and bank debit cards. Money orders and paper checks may be acceptable in OMGFAST’s discretion.

 

5.4 Charges and Fees are due and payable monthly, in advance on the date of the invoice and will be processed based on the method of payment selected by the Subscriber. Late payment charges may be assessed for any failure to pay within the time set forth herein or in the Operating Policies.

 

5.5 The Subscriber agrees to allow and does hereby authorize OMGFAST to charge the Subscriber’s credit card, debit card or cash the Subscribers check upon completion of the Service installation for installation charges, recurring monthly service and all other applicable fees, taxes and charges. OMGFAST is authorized to charge the Subscriber’s credit card each month thereafter for such amounts as are due in advance or for lost, damaged or unreturned equipment upon termination of services. The Subscriber extends the authority to use any or all methods of payment provided to OMGFAST for the purposes of payment of any and all fees, any past due balances as well as charges or penalties that are due both prior and post termination.

 

5.6 Month-to-month Service fees are subject to change upon notice to Subscriber (excepting any Promotional Term, defined below).

 

6. Additional Terms 

6.1 The user agreements of the underlying service providers, which are relevant to the use of the OMGFAST Service by Users, are hereby incorporated as part of the User Agreement.

 

6.2 The User agrees to allow OMGFAST at its sole discretion and without notice to suspend the OMGFAST Service during the period between 12:01am and 6:00am local time on any or all days for the purpose of system maintenance or any other purpose. Service suspension for emergencies will be permitted at any time for the duration of such emergencies.

 

6.3 By ordering the Service, You permit OMGFAST or a OMGFAST appointed installer, to do on-site testing, installation activities, drill holes in walls, floors and roofs, access your home premises, fasten equipment to any part your property or premise, in a workmanlike manner. This Agreement (and the Operating Policies) constitute a Letter of Agency for the purposes of porting phone numbers, changing local carriers, Internet providers and changing Long Distance Carriers if required.

 

7. Disclaimer and Limitation of Liability

7.1 Due to the unavoidability of errors incident to the Service and to the use of the facilities furnished by OMGFAST, the Service and facilities furnished by OMGFAST are subject to the terms, conditions and limitations set forth herein.

 

7.1.1 No liability of any nature whatsoever, including but not limited to consequential damages, shall attach to OMGFAST, its management, members or affiliates for damages arising from errors, mistakes, omissions, interruptions, or delays of OMGFAST, or its agents, servants, members or employees, in the course of establishing, furnishing, rearranging, moving, terminating, or changing regulated or non-regulated service or facilities (including the obtaining or furnishing of information, including Personal Data (defined below) in respect thereof or with respect to the Subscribers or Users of the Service or facilities).

 

7.1.2 OMGFAST is not liable under any circumstances for any act, omission, error, mistake, interruption or delay of any connecting carrier or Local Exchange Carrier or its agents, servants or employees; nor will OMGFAST have any such liability for providers or connections, equipment, facilities, or service other than OMGFAST or its agents, servants or employees.

 

7.1.3 OMGFAST will not be liable under any circumstances for any act, omission, error, mistake interruption or delay of any person or entity owning telecommunications facilities used by User in conjunction with OMGFAST'S Service; or for the culpable conduct of the User, its agents, servants, employees, invitees, guests, or failures of equipment, facilities or connections provided by the User.

 

7.1.4 OMGFAST is not liable for interruptions, errors, slowdowns, delays or defects in transmission or bandwidth delivery, when caused by acts of God, war, fire, riots, government authorities, or any other causes beyond OMGFAST’s or the underlying carrier's control (including, without limitation third-party hackers or denial of service attacks).

 

7.1.5 OMGFAST is not liable under any circumstance for any act, omission, error, mistake, or delay associated with any representations or statements it may make (including materials posted on websites) regarding the services, offerings, promotions, rates, discounts or conditions of underlying service providers, Local Exchange Carriers or connecting carriers.

 

7.1.6 OMGFAST is not liable and You are responsible for use of your OMGFAST account by any third party until OMGFAST has received written notice of such event from the Subscriber requesting suspension of the OMGFAST Service.

 

8. Privacy 

OMGFAST is highly sensitive to the privacy interests of consumers and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, OMGFAST has adopted the following Privacy Policy applicable to information about consumers that it acquires in the course of its business:

 

8.1. Acquisition of Information. We do not acquire any more information about consumers than is required by law or is otherwise necessary to provide a high level of service efficiently and securely. OMGFAST has no access to direct transaction information.

 

8.2. Our Employees and Privacy. We train all of our employees about the importance of privacy. We give access to information about consumers only to those employees who require it to perform their jobs.

 

8.3. Security Measures. We make access to privacy-sensitive information subject to rigorous procedural and technological controls, consistent with legal requirements and the demand of customer service.

 

8.4. Disclosure to Third Parties. We will provide individually-identifiable information about consumers to third parties only if we are compelled to do so by order of a duly-empowered governmental authority or we have the express permission of the consumer. (For more detail, see section 9, below.)

 

8.5. Privacy and Our Business Partners. When we make our technology or services available to business partners, we will not share with them any more consumer information than is necessary, and we will make every reasonable effort to assure, by contract or otherwise, that they use our technology and services in a manner that is consistent with this Privacy Policy.

 

Questions: If you have questions about this privacy policy, please contact Darren Nichols at This email address is being protected from spambots. You need JavaScript enabled to view it. .

 

9. Personal Data 

9.1 All personal data held by OMGFAST will be kept confidential and in accordance with applicable federal and state law, but the User agrees OMGFAST may disclose or provide such data to the following parties:

 

9.1.1 Subsidiaries, holding companies, associated companies or affiliates or companies controlled by or under common control with OMGFAST;

 

9.1.2 Any government entity or law enforcement agency pursuant to any criminal or other investigation;

 

9.1.3 Any financial institutions, charge or credit card issuing companies, credit information or reference, or collection agencies necessary to establish and support the payment of any services being requested; and

 

9.1.4 During the User's use of OMGFAST'S website, OMGFAST may issue to and request from User's computer blocks of data commonly referred to as "cookies". The User must not alter any cookies sent to the User's computer from OMGFAST'S website and the User must ensure that the User's computer sends correct and accurate cookies in response to any relevant request from OMGFAST'S website. Cookies enhance the performance of OMGFAST'S website by providing a secure method for User identification and improving website navigation. User privacy and security is not compromised when using cookies.

 

10. Term and Termination

10.1 OMGFAST may, without incurring liability, immediately terminate, restrict or suspend the OMGFAST Service, in whole or in part, and may deny requests for new or additional OMGFAST Service, without notice to the User if: User fails to pay OMGFAST any charges when due; User makes any false statement to OMGFAST; OMGFAST suspects fraud, abuse or misuse by User, other Users or third parties; User violates any terms of the User Agreement or any of the Operating Policies; OMGFAST believes User's use or content, or the use or content of other Users, may has violated the User Agreement, or any of the Operating Policies or any laws or regulations or interferes in any way with OMGFAST'S provision of OMGFAST Service to its customers or its business operations; or User becomes insolvent or is subject to any proceeding under bankruptcy or similar laws. In all other cases, OMGFAST may, by notice in writing to User, terminate, restrict or suspend OMGFAST Service, in whole or in part, without incurring liability.

 

10.2 The OMGFAST service is month to month and automatically renews on a monthly basis without further action unless You give OMGFAST notice of non-renewal at least thirty [30] days before the end of the relevant monthly term. If You terminate Service prior to the end of a monthly term, You will be responsible for the full month's charges and any and all outstanding charges as well as any applicable equipment non-return fees and any other amounts owed which shall be charged to your credit card.

 

All promotional discounts are based upon the Subscriber continuing service for a minimum term of twelve (12) months (“the Promotional Term”). If the Subscriber terminates the service prior to the end of the Promotional Term and the Subscriber received promotional discounts, then all promotional discounts would be voided and the Subscriber, in addition to any outstanding charges (as described above) would be responsible for paying the promotional discounts back to OMGFAST prior to termination. This would include any discounts associated with install charges and monthly discounts associated with the broadband service and may be charged to Subscriber's credit card.

 

Subscriber is responsible for, and shall pay, any applicable federal, state, municipal, local or other governmental sales, use, excise, value-added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of User's subscription or use or payment for the Service or a Device (defined in Section III, below). Such amounts are in addition to payment for the Service or Devices and will be billed to Subscriber 's credit card account. OMGFAST retains ownership and title to any Devices and Equipment (defined in Section III, below) unless purchased and paid for by the User.

 

10.3 This User Agreement may be terminated at any time by the Subscriber by providing to OMGFAST 30 days written notice before the end of the relevant monthly term or a Promotional Term.

 

10.4 Upon termination, all equipment installed at Users premises (which equipment is the property of OMGFAST) must be returned to OMGFAST within ten (10) business days. User authorizes the entry of the premises for such removal. If any equipment is not returned within ten (10) business days, or if damaged by User, the full amount for replacement will be charged to Users account and become immediately due. Failure to pay any past due amount will be turned over to a credit agency chosen by OMGFAST!.

 

11. Assignment

11.1 This User Agreement may be assigned by OMGFAST at any time without the consent of the User.

 

11.2 The User shall not assign, transfer, convey, license or otherwise dispose of its rights and obligations under the User Agreement to any other party without the prior written consent of OMGFAST!.

 

12. Applicable Law

This Agreement and the Operating Policies between You and OMGFAST, to the extent not governed by applicable federal and state tariffs, shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You and OMGFAST agree to submit to the personal and exclusive jurisdiction of the courts located within Broward County, Florida. The failure of OMGFAST to exercise or enforce any right or provision of the Operating Policies shall not constitute a waiver of such right or provision. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the User Agreement or other Operating Policies must be filed within one (1) year after such claim or cause of action arose or be forever barred. If any part of this User Agreement or the Operating Policies is legally declared invalid or unenforceable, all other parts are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of the Operating Policies.

 

13. Limitation on Actions 

Any dispute or claim between User and OMGFAST arising out of or relating to the Service or Device provided in connection with this Agreement shall be resolved as follows. All claims shall be adjudicated individually and User will not bring, or join a punitive or certified class action or seek to consolidate or bring previously consolidated claims in a class action. User acknowledges that this provision constitutes a waiver of any right to a jury trial.

 

14. Changes; Notices 

Except where expressly prohibited by law, the User agrees to accept notices to this Agreement electronically, either by email or by web site posting. Notices to User of any changes to this Agreement (including changes to Fees) shall be considered given by posting to the "Service Announcements" section of the OMGFAST Web Site. Notice will be considered received by User, and such changes will become binding on User, on the date posted to the OMGFAST website and no further notice by OMGFAST is required.

 

15. Entire Agreement 

This Agreement, the Operating Policies, or other rules now or hereafter specified by OMGFAST for the Service, public disclosures posted on OMGFAST’s website and/or any applicable tariff(s) on file with the applicable state utility commission or FCC, if any, shall constitute the entire agreement between OMGFAST and User with respect to the subject matter hereof, and supersedes all previous written agreements between OMGFAST and User with respect to the services provided hereunder. Acceptance of the Service and its use shall constitute acceptance of all of the terms and conditions herein.

1. You understand that OMGFAST cannot and does not guarantee or warrant that use of the Service for downloading files will be free of infection or viruses, worms, Trojan horses or any other code that may possess destructive properties.

 

2. While all reasonable attempts are made to ensure the accuracy of information provided by OMGFAST, neither OMGFAST nor its information contributors can be held responsible for the accuracy of the information regarding the Service, its promotion or its use. It is solely your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided via the Service or on the Internet generally. You assume all risks associated with dealing with others with whom You come in contact through the Service. We expect that You will use caution and common sense when using the Service.

 

3. OMGFAST does not warrant that the Service will be uninterrupted or error-free or that defects in the Service will be corrected. The Service and any software made available on the Service are provided on an "as is, as available" basis. You assume total responsibility and risk for your use of the Service and the Internet. OMGFAST does not make any express or implied warranties, representations or endorsements whatsoever (including without limitation warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose) with regard to the Service, any merchandise, information or service provided through the Service or on the Internet generally, and OMGFAST shall not be liable for any cost or damage arising either directly or indirectly from any such transaction. In no event will OMGFAST be liable for (1) any damages whatsoever including but not limited to any punitive, incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the Service, or any information, or transactions provided on the Service or downloaded or hyperlinked from the Service, even if OMGFAST or its authorized representatives have been advised of the possibility of such damages, or (2) any claim attributable to errors, omissions, or other inaccuracies of the Service and/or materials or information downloaded through, or hyperlinked to the Service.

 

Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to You. In such states, OMGFASTS' liability is limited to the greatest extent permitted by law.

 

4. All material contained in this Service is protected by law, including but not limited to, United States copyright and trademark law, as well as other state, national and international laws and regulations. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "Marks") of OMGFAST are and shall remain the exclusive property of OMGFAST and nothing in this Agreement shall grant You the right to right or license to use such Marks You may print and download portions of material from different areas of the Service solely for your own non-commercial and law abiding use. OMGFAST may terminate the account and access rights of any repeat infringer of intellectual property rights. If You are a copyright owner or the legal agent of a copyright owner, and You believe that any User submission or content on the Service infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act section below.

 

5. You acknowledge that OMGFAST owns and shall retain title to all customer premises equipment installed including but not limited to: wireless modem, wireless -router, antenna, cables, desktop Ethernet card, USB wireless adapter, indoor power adapter, UPS, ATA, WiMax radio, receiver dish, set top box and any other installed equipment, including Equipment described in Section III, below.

 

6. Your participation in online communications occurs in real time and is not edited or controlled by OMGFAST except as may be provided for herein.

 

Notwithstanding the foregoing, OMGFAST may, but is not required to: (a) monitor or review content on the Service for violations of the Operating Policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates the Operating Policies; (c) refuse, restrict access to or the availability of, or remove or disable (to the extent technologically feasible) any content that are harmful, offensive, excessive in size or burdensome, or otherwise may violate the law, or any Operating Policy; and/or (d) manage the Service in a manner designed to protect the rights and property of OMGFAST and others or to facilitate the proper functioning of the Service.

 

7. In order to maintain a valuable Service it is necessary to establish the following acceptable use guidelines to protect against abuse: a. You may not violate or attempt to violate the security of the Service offered in any manner. b. You may not use the facilities and capabilities of the Service to conduct any unlawful or fraudulent activity or solicit the performance of any illegal activity or other activity which infringes the rights of others. c. You may not post or transmit any message, data, image or program that would violate the property rights of others, including unauthorized copyrighted text, images, or programs, trade secrets or other confidential proprietary information, and trademarks or service marks used in an infringing fashion. d. You may not post or transmit any message, data, image or program that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, or contains explicit or graphic acts. e. You shall be deemed to have sole and full responsibility for any access to or use of the OMGFAST Service through your User password and/or access number. f. You may not intentionally or unintentionally interfere with other Users’ use of the OMGFAST Service.

 

Violations of these Operating Policies may be reported to: This email address is being protected from spambots. You need JavaScript enabled to view it. You agree to comply with all requirements of the Operating Policies and federal and state law regarding the use of the OMGFAST Service.

 

8. OMGFAST, its shareholders, members, officers, directors, employees, agents, attorneys or affiliates, are not liable for damages resulting from any infringement resulting from your actions involving copyrighted or proprietary right protected material.

 

9. OMGFAST, pursuant to the Digital Millennium Copyright Act, designates Darren Nichols to receive complaints and notices of suspected copyright infringement. If You believe that your work has been copied and is accessible on any part of the Service in a way that constitutes infringement, You may notify OMGFAST by providing the following information: a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; b. A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; c. Identification of the URL or other specific location on the Service where the material that You claim is infringing is located; d. Your address, telephone number and e-mail address; e. A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; f. A statement by You, made under penalty of perjury, that the above information in your notice is accurate and that You are the copyright owner or are authorized to act on the copyright owner’s behalf  Darren Nichols can be reached via e-mail at This email address is being protected from spambots. You need JavaScript enabled to view it. and by regular mail at 2201 West Sample Road, Building 6 Suite 1A, Pompano Beach, FL 33073.

 

WITHOUT LIMITING ANY OTHER PROVISION OF THE OPERATING POLICIES, OMGFAST RESERVES THE RIGHT TO, IN OMGFAST’S SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY DENY ACCESS TO AND USE OF THE SERVICE TO, ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THE OPERATING POLICIES, OR OF ANY APPLICABLE LAW OR REGULATION. IN THE EVENT SUCH BREACH, OMGFAST WILL BE UNDER NO OBLIGATION TO REFUND ANY FEES PAID BY USER.

This section of the Agreement governs both the Service and any devices, such as an IP phone, Multimedia Terminal Adapter, Modem, Analog Telephone Adapter or any other IP connection device (“Device”) as well as all power cables, network cables, modems or other incidental equipment (individually and collectively with the Device, the "Equipment"), used in conjunction with the Service.

 

1. SERVICE 

1.1 Term. See User Agreement, Section I, above.

 

1.2.1 Residential Use of Service and Device. If You have subscribed to OMGFAST's Residential services, the Service and Device are provided to You and your household as a residential user, for your personal, residential, non-business and non-professional use. This means that You are not using them for any commercial or governmental activities, profit-making or non-profit. If You fail to comply with these limitations, OMGFAST reserves the right to immediately terminate or modify the Service, if OMGFAST determines, in its sole discretion and in accordance with applicable law and/or the rules and regulations of appropriate state and federal regulatory bodies, that Customer's Service is being used for non-residential or commercial use.

 

1.2.2 Small Business Use of Service and Device - Prohibition on Resale. If You have subscribed to OMGFAST's Small Business services, the Service and Device are provided to You as a small business user. This means that You are not to resell or transfer the Service or Device to any other person for any purpose. You agree that the OMGFAST Small Business Plans are for ordinary and usual office voice communications and do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting, fax blasting, or any type of automated or continuous use. OMGFAST reserves the right to immediately terminate or modify the Service, if OMGFAST determines, in its sole discretion, that Customer's Service is being used for any of the aforementioned activities.

 

1.2.3 Bundled Service: You acknowledge and agree that the Service is offered on a bundled basis and cannot be separated. You acknowledge that these services (broadband, local, toll, and long distance) are not available individually and that in order to maintain each of the services in the bundle, one must maintain the others on the same service line. Should You wish to change any of these services provided by OMGFAST, You will terminate your Service with OMGFAST.

 

1.2.4 Equipment Non-Return Fee: You will be charged an equipment non-return fee of $500.00 per Device (or such greater amount as may determined by OMGFAST based on the actual costs if such devices) obtained from OMGFAST upon termination of Service for any reason regardless if such termination is by OMGFAST or you. The equipment non-return fee becomes due and payable immediately upon termination and will be billed/charged directly to your credit card. If You have multiple Devices, You will be charged an equipment non-return fee of $500.00 per Device for each Device belonging to OMGFAST in your possession. To receive a credit for the equipment non-return fee, You must return the Device(s) undamaged and in original condition within fourteen (14) days of termination. OMGFAST will not credit You if the Device(s) is damaged or not in its original condition as received by You, ordinary wear and tear accepted. In the event You disconnect multiple services, OMGFAST will issue You a credit for all equipment non-return fees upon receipt of all Devices in accordance with this Section. Further, OMGFAST reserves the right to charge You for other Equipment (including, without limitation, incidental equipment) that is not returned.

 

1.3 Lawful Use of Service and Device

1.3.1 Prohibited Uses: You agree to use the Service and Device only for lawful purposes. This means that You agree not to use them for transmitting or receiving any communication or material of any kind when in OMGFAST's sole judgment the transmission, receipt or possession of such communication would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. OMGFAST reserves the right to terminate your service immediately and without advance notice if OMGFAST, in its sole discretion, believes that You have violated any of the above restrictions, or any restrictions contained in any of the Operating Policies, leaving You responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus an equipment non-return fee, all of which immediately becomes due and payable, as may be permitted under Applicable Law. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You and You agree to indemnify and hold harmless OMGFAST, its officers, directors, employees or agents from or against any and all liability for any such use that fails to comply with this Section 1.3.1. If OMGFAST, in its sole discretion believes that You have violated the above restrictions, or in response to a Government request for information, OMGFAST may forward the objectionable material, as well as your communications with OMGFAST and your personally identifiable information to the appropriate authorities for investigation and prosecution.

 

1.3.2 Use of Service and Device by Customers Outside the United States: While we encourage use of the Service within the United States to other countries, OMGFAST does not presently offer or support the Service to customers located in other countries. If You remove the Device to a country other than the United States and use the Service from there, You do so at your own risk, including the risk that such activity violates local laws in the country where You do so. You are liable for any and all use of the Service and/or Device by any person making use of the Service or Device provided to You. Transport or sale of the Device outside of the United States may result in a violation of US or foreign technology import/export laws or rules; compliance with which is your sole responsibility, and You will indemnify and hold harmless OMGFAST against any and all liability arising out of such actions.

 

1.4 Loss of Service Due to Power Failure: You acknowledge and understand that the Service does not function in the event of power failure or interruption of line of sight (transmission path). Should there be an interruption in the power supply to your Device or at any point in your transmission path, the Service will not function until power is restored or the path is cleared. A power failure or disruption may require the Customer to reset or reconfigure equipment including your Device or any connecting equipment in your transmission path prior to utilizing the Service. Power disruptions or failures will also prevent dialing to emergency service numbers including any 911 calling feature that may be activated in or accessed by your Service.

 

1.5 Copyright / Trademark / Unauthorized Usage of Device, Firmware or Software: The Service and Device and any firmware or software used to provide the Service or provided to User in conjunction with providing the Service, or embedded in the Device, and all services, information, documents and materials provided or offered by OMGFAST and on OMGFAST's website(s) are protected by trademark, copyright or other intellectual property laws and international treaty provisions. You acknowledge that You are not given any license to use the firmware or software used to provide the Service or provided to User in conjunction with providing the Service, or embedded in the Device, other than a nontransferable, revocable license to use such firmware or software (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement, and that the Device is exclusively for use in connection with the Service. If You decide to use the Service through an interface device not provided by OMGFAST, which OMGFAST reserves the right to prohibit in particular cases or generally, You warrant and represent that You possess all required rights, including software and/or firmware licenses, to use that interface device with the Service and You will indemnify and hold harmless OMGFAST against any and all liability arising out of your use of such interface device with the Service.

 

1.6 Tampering with the Device: You agree not to change the electronic serial number or equipment identifier of any Device, or to perform a factory reset of any Device, without express permission from OMGFAST in each instance. Doing so shall constitute a violation of this Agreement.

 

1.7 Theft of Service: You agree to notify OMGFAST immediately, by calling the OMGFAST customer service line, if the Device or Service is stolen or if You suspect or become aware at any time that your Service is being stolen or fraudulently used. You will be liable for all use of the Service using a Device or Access Code stolen from You and any and all stolen Service or fraudulent use of the Service until OMGFAST is informed of the theft.

 

1.8 Delivery or Warranty of Device; Ownership of the Device: If User receives cartons and/or Devices that are visibly damaged, please note the damage on the carrier's freight bill or receipt and keep a copy. Keep the original carton, all packing materials and parts intact and contact OMGFAST's customer care department immediately. Warranty coverage varies depending on the type of Device that User chooses. If User purchased the Device new from OMGFAST and the Device included a manufacturer’s limited warranty at the time of purchase, User must refer to the manufacturers limited warranty document for information on the limitation and disclaimer of certain warranties. OMGFAST does not separately warrant any Devices or Equipment it sells and User agrees that it accepts its Device "as is" and that User is not entitled to replacement or refund from OMGFAST in the event of any defect. You understand that any Device provided and installed by OMGFAST for use with the Service is and shall remain the exclusive property of OMGFAST unless purchased in full by You. Nothing in these terms should be construed to confer any title, rights of ownership, or other property rights onto You, the User.

 

1.9 Number Transfer on Service Termination: OMGFAST may, solely at the Company's discretion, release the telephone number that was ported in to OMGFAST by You and used in connection with your Service provisioned by OMGFAST to your new service provider, if such new service provider is able to accept such number, upon your termination of the Service, and provided (i) your account has been terminated; and (ii) You request the transfer upon terminating your account in writing and (iii) your account has been paid in full including the equipment non-return fee.

 

1.10 Service Distinctions: You acknowledge and understand that the VoIP Service has different technical limitations than a traditional telephone service. Technical differences exist between traditional telephone service and this Service offering provided by OMGFAST. The Service may be subject to different regulatory treatment than traditional or wireline phone service. This treatment may limit or otherwise affect your rights and responsibilities before Federal and State regulatory agencies.

 

2. EMERGENCY SERVICES- 911 DIALING

2.1 Differences in Availability and Operation of Emergency Dialing Service ("911" or "E911"): You acknowledge and understand that the Service does NOT function or connect the same way as traditional copper, fiber or wireline telecommunications support for traditional 911 or E911 access to emergency services. The 911/E911 Services offered by the Company in conjunction with these services are available only on OMGFAST-provided or other approved Devices as described herein, and only in specific areas, as specified by the Company, but You acknowledge and understand that 911-type dialing is NOT automatic. When ordering the service, You must separately activate such 911-type dialing capabilities by specifically requesting them at the time of service activation or thereafter, subject to OMGFAST, governmental and/or industry technical approval, availability and restrictions, with specific confirmation from OMGFAST, as described herein. Such request must contain specific information as requested, and as may be modified by OMGFAST in its sole discretion from time to time, and must be accompanied by your acceptance of the specific term, conditions and responsibilities attendant thereto, including but not limited to maintenance and communication to OMGFAST in advance of any changes in information relating to the physical location for which the 911-type capabilities may be activated, and/or authorized login, passwords and authorized users on the account. OMGFAST 911 dialing cannot be used in conjunction with any "Soft Phone" ("download") application. You agree to inform any household residents, guests and other third persons who may be present at the physical location where You utilize the Service as to the non-availability of traditional 911 or E911 dialing from your OMGFAST Service and Device(s). If You activate OMGFAST 911-type dialing service, You agree to inform any household residents, guests and other third persons who may be present at the physical location where You utilize the Service as to the important vdifferences and limitations of OMGFAST 911 dialing service as compared with traditional 911 or E911 dialing, as set forth in this Agreement, including without limitation the conspicuous posting on the device of any caution or warning materials as may be appropriate, and You agree to make reasonable efforts and use reasonable judgment in informing them of the proper and specific operation and requirements of the Service, if available, and/or to restrict third parties' access to the Service for any purpose.

 

2.2 Description of 911-Type Dialing Capabilities - Activation Required: You acknowledge and understand that 911-type dialing is NOT automatic. You acknowledge and understand that You cannot dial 911 from this line unless and until You have received a confirming email regarding service activation generally and a primary number assignment associated with the geographic location You have provided and agree to maintain. Once You have received a confirming email that such limited 911 dialing has been successfully activated according to this Agreement and any amendments hereto that may be posted from time to time on the OMGFAST website, You may dial 911 as needed, provided that all other Service requirements, including but not limited to, power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), and Service login are activated, operational and uninterrupted for the entire duration of the call. When You dial 911 from your designated physical location, your call is routed from the OMGFAST network to the Public Safety Answering Point (PSAP) or to local emergency service personnel designated for the address that You listed at the time of activation and confirmation. OMGFAST can only route 911-type calls within certain geographic areas, from OMGFAST-provided devices and IP phone primary number assignments designated by OMGFAST as geographically appropriate, as locations within such areas may be confirmed by OMGFAST upon service activation. You acknowledge and understand that any 911-type calls made from any physical or geographical location other than the physical location designated and associated with the account, regardless where a caller or third party desires or requires emergency assistance, will fail. WHEN YOU DIAL 911 ON YOUR PHONE UTILIZING OMGFAST VOIP SERVICE, YOUR CALL MAY BE ROUTED TO A DIFFERENT DISPATCHER THAN THAT USED FOR TRADITIONAL 911 DIALING. THE DISPATCHER WILL BE LOCATED AT EITHER THE PUBLIC SAFETY ANSWERING POINT (PSAP) OR WILL BE LOCAL EMERGENCY SERVICE PERSONNEL DESIGNATED FOR THE ADDRESS YOU LISTED AT THE TIME YOU REGISTERED FOR THE SERVICE. As described herein, this 911-type dialing currently is NOT the same as traditional 911 or E911 dialing, and at this time, does not necessarily include all of the capabilities of traditional 911 dialing. Note, in particular, that certain features of "E911" may not be available in your area or technically feasible via this Service. While certain call-back capabilities, if they are available, may function on this Service, any interruption before, during or after any call -- in power supply, broadband internet connection, internet service provider login or "timing out" (even with an automatic restart that may cause a reassignment by your internet service provider of a different session-based internet address), or Service login may cause these features to fail.

 

2.3 Service Outage: 

2.3.1 Power Outage: You acknowledge and understand that 911 dialing, like the Service as a whole, does not function in the event of a power failure. Should there be an interruption in the power supply, the Service and 911 dialing will not function until power is restored. A power failure or disruption may require the User to reset or reconfigure equipment, connections or logins, prior to utilizing the Service or 911 dialing. 

2.3.2 Broadband Service Outage: You acknowledge and understand that service outages or interruptions by your broadband provider will prevent ALL Service including 911 dialing. Even a brief interruption in your broadband internet connection may cause the Service and 911 calling to fail until User resets or reconfigures equipment, connections or logins.

2.3.3 Service Outage Due to Suspension of Your Account: You acknowledge and understand that service outages due to suspension of your account as a result of billing issues will prevent ALL Service, including 911 dialing.

2.3.4 Other Service Outages: You acknowledge and understand that if there is a service outage for ANY reason, such outage will prevent ALL Service, including 911 dialing. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.

2.3.5 Limitation of Liability and Indemnification: You acknowledge and understand that the Company's liability is limited for any Service outage and/or inability to dial 911 from your line or to access emergency service personnel, as set forth in this document, and applicable Tariffs. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OMGFAST, ITS OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING.

 

2.4 Requires Activation: You acknowledge and understand that 911 dialing does not function unless You have successfully activated the 911dialing feature on your account, and until such later date that such activation has been confirmed to You through a confirming email, and until You have carefully reviewed the email and, if indicated, have responded to any informational errors or discrepancies in such email, and, if applicable, such errors, if any, are corrected and the corrections confirmed in writing by OMGFAST. YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU CANNOT DIAL 911 FROM THIS LINE UNLESS AND UNTIL YOU HAVE RECEIVED A CONFIRMING EMAIL. You agree to carefully review the confirmation email for any errors in your account information, and understand and acknowledge that OMGFAST relies exclusively on You to provide and review the correct information for providing your Service.

 

2.5 Failure to Designate the Correct Physical Address When Activating 911 Dialing: IF YOU DO NOT CORRECTLY IDENTIFY THE ACTUAL LOCATION WHERE YOUR OMGFAST EQUIPMENT WILL BE LOCATED AT THE TIME YOU REGISTER FOR THE SERVICE, 911 COMMUNICATIONS MAY BE MISDIRECTED TO AN INCORRECT LOCAL EMERGENCY SERVICE PROVIDER.

 

2.6 Requires Re-Activation if You Change Your Number: You acknowledge and understand that 911 dialing does not function if You change your phone number unless and until You have successfully activated the 911 dialing feature following the instructions from the "Dial 911" link on your dashboard, and until such later date that such activation has been confirmed to You through a confirming email. 911 dialing must be re-activated. Although You may have activated 911 dialing with your former OMGFAST phone number, You must separately activate 911 dialing for any new number.

 

2.7 Change of Physical Location of Equipment: 911 DIALING WILL NOT FUNCTION CORRECTLY IF YOU MOVE YOUR OMGFAST EQUIPMENT TO A LOCATION OTHER THAN THAT PROVIDED WHEN YOU REGISTERED FOR THE SERVICE. IN SUCH EVENT, IN ORDER TO HAVE 911 CALLING ROUTED CORRECTLY, YOU MUST UPDATE YOUR SERVICE ADDRESS IN ACCORDANCE WITH THE INSTRUCTIONS ON THE OMGFAST VOIP SERVICE WEBSITE.

 

2.8 Requires Re-Activation if You Move: You acknowledge and understand that 911 dialing does not function properly or at all if You move or change the physical location of your equipment to a different street address. Failure to provide the current and correct physical address and location of your OMGFAST equipment will result in any 911 dialing You may make being routed to the incorrect local emergency service provider

 

2.9 Possibility of Network Congestion and/or Reduced Speed for Routing 911: Due to the manner in which it is technically possible to provide the 911 dialing feature for OMGFAST VoIP Service at this time, You acknowledge and understand that there is a greater possibility of network congestion and/or reduced speed in the routing of a 911 communication made utilizing your equipment as compared to traditional 911 dialing over traditional public telephone networks. You acknowledge and understand that your call may be routed to a different dispatcher than that used for traditional 911 dialing. The dispatcher will be located at either the public safety answering point (PSAP) or will be local emergency service personnel designated for the address You listed at the time You registered for the service. You acknowledge and understand that there may be a greater possibility that the general telephone number for the local emergency service provider will produce a busy signal or will take longer to answer, as compared to those 911 calls routed to the 911 dispatcher(s) who are specifically designated to receive incoming 911 calls using traditional 911 dialing.

 

2.10 Automated Number Identification: At this time in the technical development of OMGFAST 911 dialing, it may or may not be possible for the Public Safety Answering Point (PSAP) and the local emergency personnel to identify your phone number when You dial 911. OMGFAST's system is configured in most instances to send the automated number identification information; however, the phone system routes the traffic to the PSAP and the PSAP itself must be able to receive the information and pass it along properly, and they are not yet always technically capable of doing so. You acknowledge and understand that PSAP and emergency personnel may or may not be able to identify your phone number in order to call You back if the call is unable to be completed, is dropped or disconnected, or if You are unable to speak to tell them your phone number and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

 

2.11 Automated Location Identification: At this time in the technical development of OMGFAST 911 Dialing, it may not be possible to transmit identification of your service address that You have listed to the Public Safety Answering Point (PSAP) and local emergency personnel for your area when You dial 911. You acknowledge and understand that You may need to state the nature of your emergency promptly and clearly, including your location, as PSAP personnel will NOT have this information. You acknowledge and understand that PSAP and emergency personnel may not be able to find your location if the call is unable to be completed, is dropped or disconnected, if You are unable to speak to tell them your location, and/or if the Service is not operational for any reason, including without limitation those listed elsewhere in this Agreement.

 

2.12 Alternative 911 Arrangements: YOU ACKNOWLEDGE THAT THIS SERVICE IS NOT OFFERED AS A PRIMARY LINE OR LIFELINE SERVICE. YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING TRADITIONAL E911 SERVICES.

 

2.13 No compatibility with other equipment: All non-voice communications equipment, including but not limited to, home security systems that are set up to make automatic phone calls, fax machines, modems and medical monitoring devices, are not compatible with the Service. By accepting this Agreement, You waive any claim against OMGFAST for interference with or disruption of such systems due to the Service

 

3. WARRANTY AND LIABILITY LIMITATIONS / INDEMNIFICATION

3.1 Limitation of Liability: OMGFAST shall not be liable for any delay or failure to provide the Service, including 911 dialing, at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: 1.) act or omission of an underlying carrier, service provider, vendor or other third party; 2.) equipment, network or facility failure; 3.) equipment, network or facility upgrade or modification; 4.) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions; 5.) equipment, network or facility shortage; 6.) equipment or facility relocation; 7.) service, equipment, network or facility failure caused by the loss of power to User; or 8.) any other cause that is beyond OMGFAST's control, including without limitation the failure of an incoming or outgoing communications, the inability of communications to be connected or completed, including 911 dialing, or degradation of voice quality. OMGFAST's liability for any failure or mistake shall in no event exceed Service charges with respect to the affected time period.

 

3.2 No Consequential Damages: In no event shall OMGFAST, its officers, directors, Members, employees, affiliates or agents or any other service provider who furnishes services to User in connection with this Agreement or the Service be liable for any incidental, indirect, special, punitive, exemplary or consequential damages, or for any damages, including but not limited to loss of data, loss of revenue or profits, or arising out of or in connection with the use or inability to use the Service, including inability to be able to dial 911 or to access emergency service personnel through the Service. The limitations set forth herein apply to claims founded in breach of contract, breach of warranty, products liability, tort and any and all other theories of liability and apply whether or not OMGFAST was informed of the likelihood of any particular type of damages.

 

3.3 Indemnification: User agrees to defend, indemnify, and hold harmless OMGFAST, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to User in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, User or any third party or user of User's Service, relating to this Agreement, the Service, including 911 dialing, or the Device. This paragraph shall survive termination of this Agreement.

 

3.4 No Warranties on Service: OMGFAST makes no warranties, express or implied, including but not limited to, any implied warranties of merchantability or fitness of the Service or the Device for a particular purpose. OMGFAST does not warrant that the Service will be without service failure, delay, interruption, error, and degradation of voice quality or loss of content, data or information. Neither OMGFAST nor its officers, directors, members, employees, affiliates or agents or any other service provider or vendor who furnishes services or products to User in connection with this Agreement or the Service will be liable for unauthorized access to OMGFAST's or User's transmission facilities or premises equipment or for unauthorized access to, or alteration, theft or destruction of, User's data files, programs, procedures or information through accident, fraudulent means or devices or any other method, regardless of whether such damage occurs as a result of OMGFAST's or its service provider's or vendors' negligence. Statements and descriptions concerning the Service or Device, if any, by OMGFAST or OMGFAST's agents or installers are informational and are not given as a warranty of any kind.

 

3.5 No Third Party Beneficiaries: No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.

 

3.6 Content: You are liable for any and all liability that may arise out of the content transmitted by or to You or Users using the Service. You shall assure that your or User's use of the Service and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. OMGFAST reserves the right to terminate or suspend affected portions of the Service, and/or remove Your or Users' content from the Service, if OMGFAST determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with OMGFAST's ability to provide Service to You or others or receives notice from anyone that Your or Users' use or Content may violate any laws or regulations. OMGFAST's actions or inaction under this Section shall not constitute review or approval of Your or Users' use or Content. You will indemnify and hold OMGFAST against any and all liability arising from the content transmitted by or to You or to Users using the Service. As used herein "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to You.

 

OMGFAST is not liable for any lack of privacy that may be experienced with regard to the Service.

 

By utilizing OMGFAST’s services I hereby agree to OMGFAST’s Terms and Conditions for Broadband Data, and the Terms and Conditions for Voice over IP (VoIP) services and the User Agreement stated above regarding the use of OMGFAST services.