General

The following are terms of a legal agreement between you and Hastings Network Optimal Services Incorporated (hereinafter HNOS). By accessing, browsing, using this web site, or engaging HNOS's Services, you acknowledge that you have read, understood, and agree to be bound by these terms and to comply with all applicable laws and regulations. If you do not agree to these terms, please DO NOT use this web site.

HNOS may, without notice to you, at any time revise these Terms of Use/Services and any other information contained in this web site. HNOS may also make improvements or changes in the products, services, or programs described in this site at any time without notice.

Disclaimer

Information on this web site is not promised nor guaranteed to be correct, current, or complete, and this site may contain technical inaccuracies or typographical errors. HNOS assumes no responsibility (and expressly disclaims responsibility) for updating this site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, you should confirm the accuracy and completeness of all posted information before making any decision related to any services, products, or other matters described in this site.

Business Relationships

This web site may provide links or references to non-HNOS web sites and resources. HNOS makes no representations, warranties, or other commitments whatsoever about any non-HNOS web sites or third-party resources that may be referenced. A link to a non-HNOS web site does not mean that HNOS endorses the content or use of such web site or its owner. Accordingly, you acknowledge and agree that HNOS is not responsible for the availability of such external sites or resources, and is not responsible or liable for any content, services, products, or other materials on or available from those sites or resources.

Acknowlwedgement and Acceptance of Terms of Service

General Terms of Service ("Service Terms") is provided to you ("Customer") in connection with any service that the Customer has purchased (the "Service") from HNOS. These terms and conditions comprise the entire agreement between Customer and HNOS with respect to the Service.

Customer's Responsibility to BACK-UP Data

Customer agrees that prior to HNOS servicing any Customer equipment it is the Customer's responsibility to: (1) back-up the data, software, information or other files stored on Customer's computer disk drives, peripherals, MP3 player, DVD player, camcorder, digital camera and/or on any other electronic storage device; and (2) remove all videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media from Customer's product. Customer agrees that whether or not Customer requests back-up/data recovery services from HNOS and/or its third party service provider, neither HNOS nor its third party service provider shall be liable under any circumstances for any loss, disclosure, alteration or corruption of any data, software, information, files, videotapes, compact disks, floppy disks, laser disks, cassettes, DVDs, film or other media.

Late Fees and Collection Charges

If any amount payable to us is not paid within ten (10) days of its due date, you agree to pay us a late charge of 1.5% per month (compounded) of the amount which is late, or if less, the maximum amount allowable under applicable law. You also agree to pay us forty five dollars ($45.00) for each check returned for any reason.

Disclaimer of Warranty

Use of this site is at your sole risk. All materials, information, products, software, programs, and services are provided "as is," with no warranties or guarantees whatsoever. HNOS expressly disclaims to the fullest extent permitted by law all express, implied, statutory, and other warranties, guarantees, or representations, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary and intellectual property rights. Without limitation, HNOS makes no warranty or guarantee that this web site will be uninterrupted, timely, secure, or error-free. You understand and agree that if you download or otherwise obtain materials, information, products, software, programs, or services, you do so at your own discretion and risk and that you will be solely responsible for any damages that may result, including loss of data or damage to your computer system.

Limitation of Liability

In no event will HNOS be liable to any party for any direct, indirect, incidental, special, exemplary or consequential damages of any type whatsoever related to or arising from the use of any HNOS service, any use of this web site, or of any site or resource linked to, referenced, or accessed through this web site, or for the use or downloading of, or access to, any materials, information, products, or services, including, without imitation, any lost profits, business interruption, lost savings or loss of programs or other data, even if HNOS is expressly advised of the possibility of such damages. This exclusion and waiver of liability applies to all causes of action, whether based on contract, warranty, tort, or any other legal theories.

Voluntary Agreement

You affirm that you have carefully read this Agreement, understand the contents, have had an opportunity to fully discuss and review the terms and conditions with legal counsel or other advisors and freely and voluntarily agree to all of the terms and conditions of this Agreement.