|
Please read the following Terms Of Service agreement
before proceeding, then continue ordering. These policies are designed
to protect the best interests of our customers as a whole. Fresh
Horizons marketing and its subsidiaries policy is to act as a neutral
provider of access to the global Internet. We reserve the right to
suspend or cancel a customer's access to any or all services provided by
us if it is decided that the account has been inappropriately used.
All shared hosting services are intended for the end user only and may
not be subleased, sold or given to third parties.
Any products and services to be provided to Client will be at a
professional level of quality conforming to generally accepted industry
standards and in compliance in all material respect with all applicable
laws and regulations. Except as otherwise expressly provided in this
agreement, Fresh Horizons marketing and its subsidiaries do not make,
and hereby disclaims any and all other warranties, expressed or implied
including any and all warranties of merchantability or fitness for a
particular purpose.
Clients are responsible for frequently backing up their files on our
system. Fresh Horizons Marketing or its subsidiaries cannot be held
responsible for the deletion of users' files, whether intentional or
unintentional.
2. Authorization of Charges
Fresh Horizons Marketing or its subsidiaries will bill for services
rendered which are due with in seven (7) days. Client authorizes Fresh
Horizons Marketing or its subsidiaries to charge credit card supplied by
Client if stored with in our billing system. Paypal or check/money order
are also accepted if client chooses not to store a credit card.
Fresh Horizons marketing or its subsidiaries may discontinue service for
failure to make payment for initial fees or for any re-occurring fees
thereafter. Fresh Horizons Marketing and its subsidiaries reserve the
right to refuse, suspend, or cancel service pending receipt of a valid
payment.
3. Content Restrictions
All services provided by Fresh Horizons Marketing or its subsidiaries
may be used for lawful purposes only. Transmission, storage, or
presentation of any information, data, or material in violation of any
United States federal, state, or local law is strictly prohibited. This
includes but is not limited to copyrighted or trademarked material and
material protected by trade secret. Warez Policy: Actual files,
including but not limited to pirated software, hacker programs, cracks,
and MP3 files, are strictly prohibited from being stored on any Fresh
Horizons Marketing or it subsidiaries' servers. Examples of unacceptable
content include, but are not limited to the following: Pirated software,
Hacker programs or archives, illegal MP3 files or archives.
IRC servers are strictly prohibited.
Fresh Horizons arketing or its subsidiaries reserves the right to remove
any material from Client's web space that is reasonably deemed
unacceptable by us. Fresh Horizons Marketing and its subsidiaries
reserve the right to terminate Client's account without refund at our
discretion if said material is discovered. Fresh Horizons
Marketing and its subsidiaries are the sole
arbiters as to what constitutes a violation of the above provisions.
3.b 3.b is only applicable to virtual hosting and reseller accounts. No
site may use more than 15% of the total server output at any given time.
Adult Sites (pornographic) are prohibited on shared/virtual hosting and
shared/reseller accounts. Mailing Lists with over 2,000 members are
prohibited on shared/virtual hosting and shared/reseller accounts. Web
Based forums with over 2,000 members are prohibited on shared/virtual
hosting and shared/reseller accounts. Fresh Horizons marketing and its
subsidiaries reserve the right to suspend any client which violates
section 3 of our Terms Of Service.
4. CGI/PHP Application Restrictions
Section 4 is only applicable to virtual hosting and reseller accounts.
The Client is allowed to freely install CGI/PHP applications; however,
Fresh Horizons Marketing and its subsidiaries reserve the right to
disable any application that unreasonably effects or interferes with
normal server operations. Said situation is highly unlikely.
5. Spam Policy
Fresh Horizons marketing or its subsidiaries' servers may not be the
source, intermediary, or destination address involved in the
transmission of Spam, Spamware and other Spam Software or misue of SMTP.
Client's domain or IP may not be referenced as originator, intermediary,
or reply-to address in any of the above. Fresh Horizons Marketing
strictly forbids any type of SPAM. Fresh Horizons Marketing and
considers Spam to be any mass unsolicited message in the mediums of
newsgroups and e-mail. The actions stated above will not be tolerated.
Violation will result in the immediate deactivation of services without
refund of any kind. Furthermore, a fine of one-hundred (100) US dollars
will be imposed for each spam policy violation. Fresh Horizons Marketing
and its subsidiaries are the sole arbiters as to what constitutes a
violation of the above provisions. Section 15 includes Fresh Horizons
Marketing and its subsidiaries
mailing list policy.
6. Server Abuse
Any attempt to undermine or cause harm to a Fresh Horizons Marketing or
its subsidiaries' server or another Fresh Horizons Marketing or its
subsidiaries' Client is strictly prohibited. Any attempt to undermine
any Fresh Horizons Marketing or its subsidiaries web site or a web site
of another Client is strictly prohibited and may result in immediate
termination of services rendered by Fresh Horizons Marketing or its
subsidiaries without refund. Fresh Horizons Marketing and its
subsidiaries are the sole arbiters as to what constitutes a violation of
the above provisions. A fine of two-hundred (200) USD may be implemented
for intentional server abuse.
7. Indemnification
Client agrees that it will defend, indemnify, and hold harmless Fresh
Horizons Marketing and its subsidiaries from any and all demands, fines,
liabilities, losses, costs, claims, and expenses, including attorney's
fees, asserted against Fresh Horizons Marketing or its subsidiaries, its
employees, officers, agents, and directors that may arise or result from
any service provided or performed, or agreed to be performed, or any
product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless
Fresh Horizons Marketing and its subsidiaries against any liabilities,
including but not limited to, those arising out of
(1) any injury to person or property caused by any product sold or
service rendered or otherwise distributed in connection with Fresh
Horizons Marketing and its subsidiaries' servers;
(2) any material supplied by the Client infringing upon or allegedly
infringing upon the proprietary rights of a third party;
(3) copyright infringement; and
(4) any defective products sold to the Client's customer from Fresh
Horizons Marketing or its subsidiaries' servers.
Client agrees that Fresh Horizons Marketing or its subsidiaries shall
not have any liability to the Client or other parties for failure to
follow this Agreement and any results caused by the acts, omissions or
negligence of the Client, sub-contractor or an agent of Client or an
employee of any one to them, including, but not limited to, claims of
third parties arising out of or resulting from or in connection with the
Client's products, messages, programs, caller contracts, promotions,
advertising, infringement or any claim for libel or slander or for
violation of copyright, trademark or other intellectual property rights.
8. Disclaimer
Fresh Horizons Marketing or its subsidiaries will not be held
responsible for any damages you or your business may suffer. Fresh
Horizons Marketing or its subsidiaries make no warranties of any kind,
expressed or implied, for services rendered Fresh Horizons Marketing and
its subsidiaries disclaim any warranty or merchantability or fitness for
a particular purpose. Fresh Horizons Marketing and its subsidiaries
assume no liability for disruptions or improper operation of its
equipment or software for any reason, including, but not limited to,
vandalism, theft, phone service outages, Internet disruptions, human
error, extreme or severe weather conditions or any other causes in the
nature of "Acts of God" or force major. Fresh Horizons Marketing and its
subsidiaries will not be responsible for consequential damages or
punitive or exemplary damages under any circumstances. In no case will
Client be entitled to recover damages from Fresh Horizons Marketing and
its subsidiaries.
9. Term
The term of this Agreement will continue until a notice of cancellation
by Fresh Horizons Marketing or its subsidiaries or Client is given, or
until terminated under other provisions of this Agreement. Fresh
Horizons Marketing and its subsidiaries reserve the right to terminate
this Agreement with cause upon notification to the Client. Fresh
Horizons Marketing and its subsidiaries may further terminate this
Agreement immediately without notice at any time the Client breaches any
part of this Agreement, or if any program or facility used by Fresh
Horizons marketing or its subsidiaries to implement this Agreement is
disrupted or terminated for any reason.
9.b
9.b is only applicable to Virtual Hosting Accounts. CLIENT may request
Fresh Horizons Marketing or its subsidiaries refunds money within 30
days after sign up has taken place. CLIENT will be refunded the full
amount they have paid. If 30 days have past CLIENT may cancel contract,
however, CLIENT forfeits monies paid to Fresh Horizons Marketing or its
subsidiaries. CLIENT may cancel account with Fresh Horizons Marketing or
its subsidiaries and be removed from billing, thereby stopping all
future charges.
9.c
9.c is only applicable to Dedicated/Co-location and IP Transit accounts.
Refunds will be issued to any order prior to service turn up at CLIENT's
request. Refunds are not offered on Dedicated servers, co-location space
or IP transit after service has started.
9.d
These policies may be modified or changed by Fresh Horizons Marketing
and its subsidiaries. Fresh Horizons Marketing and its subsidiaries will
inform client of any major policy changes.
10. Presumption of Agreement
By signing up with Fresh Horizons Marketing or its subsidiaries, be it
using Fresh Horizons Marketing or its subsidiaries online sign up form
or contacting in any way an employee, officer, agent, and director with
request for Fresh Horizons Marketing or its subsidiaries to provide
Client services, Client (1) authorizes Fresh Horizons Marketing and its
subsidiaries to take the actions necessary in order to setup Client's
account, including charging credit card, if applicable, supplied by
Client at time of sign up; and (2) agrees to each and every provision
set forth in this Agreement and shall hold to said Agreement in the
court of law.
11. Default
In the event Client defaults in any provision or fails to perform
pursuant to this Agreement, Fresh Horizons Marketing and its
subsidiaries will be entitled to damages, costs, and attorney's fees
from the Client.
12. Invalid or Non-enforceable Provisions
The invalidity or non-enforceability of any provision of this Agreement,
as so determined by a court of competent jurisdiction, will not affect
the other provisions hereof, and in any such occasion this Agreement
will be construed in all respects as if such invalid or non-enforceable
provision were omitted. This agreement constitutes the entire agreement
between the parties hereto.
13. Choice of Law / Venue
This Agreement will be construed and enforced in accordance with the
laws of the State of Maine and the venue for any action, dispute or
proceeding with respect to this Agreement will be Maine.
14. Domain Agreement
Fresh Horizons Marketing or its subsidiaries may provide new top level
domain name for new clients as requested by them, on packages with
specifically state this. These domain names carry no charge for renewals
thereafter to the client while client remains hosted at Fresh Horizons
Marketing or its subsidiaries. The client is responsible for renewing
domain name by contacting the sales department. Should client decide to
switch hosting providers, client agrees to pay yearly fee listed on the
Fresh Horizons Marketing or its subsidiaries website for domain name
registrations.
15. Email/Mailing List Policy
Server's which are for mailing only are disallowed on Fresh Horizons
Marketing or its subsidiaries network. A mailing only server is defined
as a dedicated/colocated server who's primary purpose is sending email
over SMTP. Fresh Horizons Marketing and its subsidiaries' network is
monitored through multiple feedback loops and may terminate, with out
prior warning, a server which has a high complaint ratio including
servers that may be CAN-SPAM compliant. Running a single opt in, opt out
only, or any other non double opt in mailing list will result in server
termination. 1) Mailing lists must be double opt in lists. 2) Messages
must have clear removal instructions and valid headers. 3) Removal
requests must be completed with in 24 hours. 4) Messages must include
details on how the user subscribed. These details must be provided to
Fresh Horizons Marketing or its subsidiaries on our request. 5)
Excessive complaints may result in account termination. 6) Fresh
Horizons Marketing and its subsidiaries reserve the right to charge $100
fee for I Ps which are blacklisted due to failing to adhere to Fresh
Horizons marketing or its subsidiaries' policies. 7) Operating an
account on behalf of, or in connection with, or reselling any service
to, persons or firms listed in the Spamhaus Register of Known Spam
Operations (ROKSO) database at: http://www.spamhaus.org will result in
immediate account termination.
16. Abuse Complaints
All abuse complaints must be responded to no later than 48 hours after
the complaint is made. Failure to reply may result in account
termination. Fresh Horizons Marketing and its subsidiaries reserve the
right to remove files which do not adhere to our terms. |
