Freestone Hosting Agreement

Freestone Products Ltd. (Freestone) provides ecommerce web hosting subject to the following Hosting Agreement.

Web site Content

All services provided by Freestone 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene or material protected by trade secret and other statute, and invasion of privacy.

All pornographic content and sex-related merchandising is prohibited on all Freestone servers. This includes sites that may infer sexual content or links to adult content elsewhere.  Also prohibited are sites that promote any illegal activity or present content that may be damaging to Freestone’s, servers or any other server on the Internet. Links to such materials are also prohibited.

Freestone will be the sole arbiter as to what constitutes a violation of this provision and reserves the right to terminate any subscriber at any time.

Commercial Advertising - Email

Spamming, or the sending of unsolicited email, from a Freestone server or using an email address or domain that is maintained on any Freestone server is strictly prohibited. Freestone will be the sole arbiter as to what constitutes a violation of this provision.

Email Delivery

Freestone can not guarantee that all email sent from it's servers will be delivered.  There are many factors that govern email delivery.  Should your IP (domain) get blocked it is the domains owners responsibility to resolve the issue.   Freestone will help to the degree that it can.

Ecommerce Software Ownership

Freestone provides a variety of shopping cart software (programs).  Hosting client agrees that this software is the sole property of the author of the software and that client will not access, copy or redistribute such software in any way.  As part of your hosting package, Freestone has purchased any appropriate and applicable license(s) for your domain name. 

Misuse of System Resources

Any attempt to undermine or cause harm to a server, or customer, of Freestone, is strictly prohibited. This includes, but is not limited to: using programs that consume excessive CPU time; allowing the use of mail services, mail forwarding capabilities, or autoresponders other than for the customer's own account; resale of disk space without an appropriate reseller agreement; use of servers for backup of files unrelated to customer shopping cart site; or resale or remote access to any and all programs installed on our servers. Operation of IRC servers or IRC bots on our servers will result in an immediate suspension of service.

Cancellation/Suspension

Cancellation can be made via email to sales@freestoneproducts.com and there is no cancellation fee.  Hosting fees paid for the current hosting month of cancellation are non-refundable.   Activity which results in a suspension or deactivation of an account will result in a forfeiture of fees paid. Any suspended account must be current with their payment before reinstatement will be considered.

We reserve the right to refuse, cancel, or suspend service at our sole discretion. Violations of these policies can be reported to support@freestoneproducts.com.

Backup/Data Protection

Freestone makes every effort to insure that hosted shopping cart sites stay up and running 24/7.  We utilize the latest RAID technology (multiple computer hard drives of duplication of data) to minimize the possibility of loss of data.  We also backup product databases nightly on the same server.    

While unlikely, customer recognizes that service outage and/or loss of data is possible and that Freestone will not be responsible for any damages your business may suffer as a result. 

Freestone will use reasonable efforts to maintain the quality of their web servers and network infrastructure. ALL customers agree that all use of Freestone’s Webserver, WebHosting and Network is at their own risk.  Neither Freestone, any merchant, service provider, nor other party involved in creating, producing or delivering the web pages, shall be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of the use or inability to use this service.

Indemnification

Customer agrees that it shall defend, indemnify, save and hold Freestone harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Freestone, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Freestone against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Freestone's server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Freestone's server, (5) any action taken by Freestone, its agents or employees which causes a site or server to malfunction or halt service.

 

Agreement Changes

Freestone reserves the right to change this agreement without notice and will post the current agreement on www.freestoneproducts.com/HostAgreement.html