The use of services from NV AVID CORP (the owner of webfreshsolutions.com.) [hereafter referred to as "Web Fresh Solutions"] constitutes agreement to these terms.
Web Fresh Solutions Terms of Service Policy ("AUP") is provided to give our customers and users a clear understanding of what Web Fresh Solutions expects of them while using the service. All users of - Web Fresh Solutions - host services: those who access some of our services but do not have accounts, as well as those who pay a service fee to subscribe to the services, must comply with this AUP and our TOS (Terms of Service). Use of Web Fresh Solutions - host service constitutes acceptance and agreement to - Web Fresh Solutions host AUP as well as - Web Fresh Solutions host TOS (Terms of Service)
Terms of Service
Web Fresh Solutions - host's services may only be used for lawful purposes. Transmission of any material in violation of International, Federal or State regulation is prohibited. This includes but is not limited to: material legally judged to be threatening or obscene, or material protected by trade secret laws.
Examples of content that is not acceptable on Web Fresh Solutions -host Servers: "Pirated software" or "Warez", "Hacker programs and/or archives", "IRC Bots", "Gambling Related","Copy righted Mp3's", cgi-based message boards.
You specifically agree to indemnify and hold Web Fresh Solutions host harmless from any claims resulting from a breach of these terms, and/or their use of the service, which damages another.
Warez - Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
ADULT SIES AND ARE STRICTLY PROHIBITED!. Adult sites are NOT permitted on any plans.
SPAM in any shape or form is NOT permitted and is grounds for immediate account termination. Mailing lists via a mailing list manager are acceptable as long as the list are OPT-IN list that people have signed up for. Spam complaints from other users will not be tolerated. Should we (Web Fresh Solutions) receive a complaint against an account, the customer is required to provide all opt-in information
IRC and Chat Rooms
Internet Relay Chat (IRC) traffic is not permitted on our servers in any of its many forms including, but not limited to: bots and IRC servers. Chat rooms may be allowed on per use basis, so please ask one of our support staff before setting one up. (Some cgi/perl based chat rooms over utilize the server processor.)
Web Site Hosting And Email
We make no representation and give no warranty as to the accuracy or quality of information received by any person via the Server and we shall have no liability for any loss or damage to any data stored on the Server.
You shall effect and maintain adequate insurance coverage in respect of any loss or damage to data stored on the Server. You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes. In particular, you represent, warrant and undertake to us that you will not use the Server in any manner which infringes any law or regulation or which infringes the rights of any third party, nor will you authorize or permit any other person to do so.
You shall not post, link to or transmit: (a) Any material, which is unlawful, threatening, abusive, malicious, defamatory, blasphemous, profane or otherwise objectionable in any way. (b) Any material containing a virus or other hostile computer program. (c) Any material which constitutes, or encourages the commission of, a criminal offence or which infringes any patent, trade mark, design right, copyright or any other intellectual property right or similar rights of any person which may subsist under the laws of any jurisdiction.
You shall keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
You shall observe the procedures, which we may from time to time prescribe and shall make no use of the Server, which is detrimental to our other customers.
You shall procure that all mail is sent in accordance with applicable legislation (including data protection legislation) and a secure manner.
In the case of an individual User, you warrant that you are at least 18 years of age and if the User is a company, you warrant that the Services will not be used by anyone under the age of 18 years.
Any access to other networks connected to Web Fresh Solutions must comply with the rules appropriate for those other networks.
While we will use every reasonable endeavour to ensure the integrity and security of the Server, we do not guarantee that the Server will be free from unauthorized users or hackers and we shall be under no liability for non-receipt or misrouting of email or for any other failure of email.
Intellectual Property Rights
You shall obtain any and all necessary consents and clearances to enable you lawfully to make use of all and any intellectual property rights through the Services, including without limitation, clearance and/or consents in respect of your proposed domain name.
All payments must be in CAD Dollars. PayPal and Credit Card (Visa and MasterCard, is currently the method of payment used by Web Fresh Solutions. We do also accept Check and Money order. Please contact us if you would like to pay via check or money order.
Clients paying via money order, check and bank wire transfers will only be provided services once the funds have been received and cleared in full into our bank account. Services will not be activated under any circumstances unless we have received the full amount payable. We are not responsible for lost/stolen/returned checks and money orders. Web Fresh Solutions is not liable for any losses incurred due to lost/stolen/returned checks and money orders.
All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
As a client of Web Fresh Solutions, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Web Fresh Solutions provides a 5 day grace period from the original billing date (e.g. the date you signed up for your account). If payment is not received in full within the 5 days after your original billing date, a new invoice is generated that will include a $5 late fee plus applicable taxes (if any) and/or an account suspension until account balance has been paid in full. A suspension page may appear on the account/website until payment is received in full. Web Fresh Solutions is not liable for any losses incurred by any parties due to suspension of account/website for non payment.
Web Fresh Solutions offers an unconditional 45 day money back guarantee on hosting, for any customer who paid the first invoice with a credit card with Paypal. Refund requests on accounts after the initial 45 days will be refunded on a prorated basis of any unused time.
Payments made by bank wire transfers, western union, checks or money orders non-refundable, and refunds will be applied as a credit to the customer's account.
There are no refunds on administrative fees, install fees for custom software, SSL installation or domain name purchases.
The refund policy will be waived for an account found to be in violation of the Terms of Service.
We shall use our reasonable endeavours to make available to you at all times the Server and the Services but we shall not, in any event, be liable for interruptions of Service or down-time of the Server.
We shall have the right to suspend the Services at any time and for any reason without notice, but if such suspension lasts or is to last for more than 30 days you will be notified of the reason.
The Services provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. No more than one login session under any one account may be used at any time by you. User programs may be run only during login sessions. If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Services and/or this Agreement immediately.
Termination We can not stress this enough the following sites are prohibited: hate, warez, illegal anything, illegal content, software trading, download libraries, chat room programs, copyright infringement, trademark infringement, bulk emailing, unsolicited emailing, newsgroup spamming, spam, spam related products and/or "anything else determined by us as not in compliance with our Terms of Service including abuse of server resources and storage (includes video and audio files) will be grounds for immediate termination of service without notice" are expressively forbidden and sites containing banned materials are subject to immediate termination without refund. Without in any way limiting our (Web Fresh Solutions) rights. If a site violates these terms in any way, shape, or form, the site will be deleted from our network. If 2 violations occur within a 90 day period the site will be blocked from our network. Our warning schedule is below. First Warning when you (or your clients) upload illegal content you (or your clients) are knowingly violating the terms of service. Therefore there is no need for a first warning. When you upload illegal files which violate these terms you know what you are doing is against our policies. Second Warning There is no second warning, the domain is deleted. You may recreate the domain, however if illegal content is found on this domain again the domain will be blocked from our servers.
Questionable Situations If we find content that is questionable and may or may not violate the terms of service we will contact you. An example of a situation like this is a band hosting their own music on our servers. However, you can avoid this step if you notify us. If you are a band or if you are planning to upload a large amount of files that are questionable please notify us before you upload so we are aware of the situation. This will keep everyone happy. If you fail to pay any sums due to us as they fall due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions, we may terminate this Agreement forthwith upon written notice.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith without notice to you.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us. We shall further be entitled to post such notice in respect of the non-availability of your Web Site as we think fit. Accounts may be cancelled by the user with a 7 day notice. Web Fresh Solutions reserves the right to cancel any account with or without notice.
Web Fresh Solutions expects that its subscribers who provide Internet services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A subscriber's failure to comply with those laws will violate Web Fresh Solutions host policy. Finally, Web Fresh Solutions wishes to emphasize that in signing the service agreement, subscribers indemnify Web Fresh Solutions for any violation of the service agreement, law, or 2 Web Fresh Solutions -host policy, that results in loss to Web Fresh Solutions or the bringing of any claim against Web Fresh Solutions by any third-party. This means that if Web Fresh Solutions is sued because of a subscriber's or customer of a subscriber's activity, the subscriber will pay any damages awarded against Web Fresh Solutions, plus costs and reasonable attorneys' fees.
Limitation of Liability
All conditions, terms, representations and warranties relating to the Services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of the Services shall be limited to the charges paid by you in respect of the Services, which are the subject of any such claim.
In any event no claim shall be brought unless you have notified us of the claim within 6 months of it arising.
In no event shall we ever be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect or consequential or economic loss whatsoever.
Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.
These terms and conditions together with any documents expressly referred to in them, contain the entire Agreement between us relating to the subject matter covered and supersede any previous Agreements, arrangements, undertakings or proposals, written or oral: between us in relation to such matters. No oral explanation or oral information given by any party shall alter the interpretation of these terms and conditions. In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation, which has not been made expressly in this Agreement. Misuse of Resources
Including but not limited to employing applications which consume excessive CPU time and Chat/IRC scripts are not allowed on our network under any circumstances.
If you are unsure about content you intend to place on our network, please check with us before you do. We reserve the right to determine what constitutes Terms of Service. We may amend these terms of service with or without notice.
You are responsible for any domains that are placed onto our servers.
We do reserve the right to edit the terms of service at any time with or without notice.
If you have any questions please feel free to contact us.