Freestone Hosting Agreement

Freestone Hosting Agreement

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

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.

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.

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 owner's responsibility to resolve the issue. Freestone will help to the degree that it can.

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 may have purchased an appropriate and applicable license(s) for your domain name.

The Frestone Hosting Server has not been scanned for PCI compliance. Some of the software packages that we host allow for credit card information storage however you do so at your own risk. We highly discourage the storeage of any credit card data. The Gateway / Merchant Service providers that you use most likely stores credit card data in order to facilitate providing customers credit for purchase cancelations. Each Merchant Service Provider is working to insure PCI compliance in different ways. It is your responsibilty to work with your Gateway/Merchant Service Provider to ensure that you meet any requirement they may set regarding your manual procedures or methods of use for software hosted on the Frestone Server. We are happy to work with you to make any changes that are needed on the Freestone Server however additional fees may apply.

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. Violations of these policies can be reported to support@freestoneproducts.com.

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.

If your hosting bill has not been paid by the 5th of the month we reserve the right to:

1.Discontinue access to any Admin or other administrative site controls.

2. Suspend or Termination your account.

Account Suspension or Termination will result in the site being inoperable. Freestone Products is not responsible for any loss of revenue or any other harm caused by reduced Admin access, Account Suspension or Termination.

If your hosting bill is not paid by the 15th of the month there will be a $25 late fee assessed to your account. If your account is Suspended there will be a $75 fee to reactivate your account/site. If your account is Termination there will be a $400 site recovery fee to reactivate the site and your account.

You further agree that if your account is terminate that Freestone Products has no obligation to renew the domain(s) name associate with the account. Freestone Products has no obligation to notify you prior to taking any of the action described herein.

We reserve the right to refuse, cancel, or suspend service at our sole discretion.

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. In addition we create a complete backup of your site and database to a computer at a different data center multiple times each day.
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.

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, (4) any defective products sold to customer from Freestone's server, and (5) any action taken by Freestone, its agents or employees which causes a site or server to malfunction or halt service.

Freestone reserves the right to change this agreement without notice and will post the current agreement on www.freestoneproducts.com/HostAgreement.html.
y 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, (4) any defective products sold to customer from Freestone's server, and (5) any action taken by Freestone, its agents or employees which causes a site or server to malfunction or halt service.

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