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.
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