Terms of Service for Fresh Vine

In consideration for hosting and services to be delivered, Customer agrees to be bound to the following terms:

• Customer agrees to pay for services rendered in advance of each monthly service term due on the day of the month which their service started.
• Customer agrees to future automatic payment if a credit card is used unless otherwise indicated to Fresh Vine.
• Customer agrees to be bound by the service term selected on the online order form or via applicable promotional codes.
• Fresh Vine reserves the right to terminate service immediately to any subscriber it deems, in its sole discretion, violates any condition of service including this Terms of Service.

Customers shall not allow the posting, transmission, or storage of data and content on or through the services which, in Fresh Vine's sole determination, constitutes a violation of any relevant law, regulation, ordinance, or court order. Customers shall be responsible for determining what laws or regulations are applicable to their use of the services. Prohibited content includes, without limitation, (a) content or code that facilitate any violation of, or describe ways to violate, this ToS or (b) "harvested" addresses or information, (c) "phishing" web sites, (d) "link farms", (e) "spamvertising" sites, or (f) pornographic and/or adult content.

Violations of system or network security are strictly prohibited, and may result in criminal and civil liability. Fresh Vine investigates all incidents involving such violations and will cooperate with law enforcement if a criminal violation is suspected.

Examples of system or network security violations include, without limitation, the following:

• Introduction of malicious programs into the network or server (example: viruses, worms, Trojan Horses, key loggers, and other executables intended to inflict harm).
• Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. For purposes of this section, "disruption" includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing and forged routing information.
• Executing any form of network activity that will intercept data not intended for the Customer's server.
• Circumventing user authentication or security of any host, network or account, including “cracking.”
• Interfering with or denying service to any user, host, or network other than the Customer's host (example: denial of service attack or distributed denial of service attack).
• Conduct designed to avoid restrictions or access limits to specific services, hosts, or networks, including but not limited to the forging of packet headers (“spoofing”) or other identification information.
• Using any program script/command, or sending messages of any kind, designed to interfere with or to disable, a user's terminal session, via any means, locally or via the Internet.
• Failing to comply with the Fresh Vine's procedure relating to the activities of Customers on the Fresh Vine's premises. Violators of the policy are responsible, without limitations, for the cost of labor to correct all damage done to the operation of the network and business operations supported by the network. Such labor is categorized as emergency security breach recovery and is currently charged at $100.00 USD per hour required. Network interference by any Customers that may cause or is currently causing network interference with another Customer will be disconnected immediately. No service credits will be issued to Customers disconnected for network violations.

Mass Mailings. Fresh Vine has a zero stance policy on SPAM, Junk E-mail or UCE. Spam, Junk-mail and UCE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. UCE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Fresh Vine whether or not the message actually originated from our network.
Mailing Lists: Fresh Vine's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal by all end Customers with non-distribution in the future.
If your actions have caused Fresh Vine mail servers or Fresh Vine IP address ranges to be placed on blackhole lists and other mail filtering software systems used by companies on the internet, you will be assessed a $100 charge to your account and $125 per hour for administrative charges incurred to remove and protect mail servers and IP ranges.
Violation of the above terms will result in one or all of the following:

• A warning from us via email or phone.
  
• Removal of DNS for the advertised / originating site.
  
• Immediate disconnection of service with no re-activation.
  
• $100 fee assessed to your account for violation + hourly charges stated above.
  

Fresh Vine accounts may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Creating, utilizing, or distributing unauthorized copies of software are a violation of federal and state law. If you copy, distribute or install the software in ways that the license does not allow, you are violating federal copyright law. Fresh Vine will cooperate with all law enforcement agencies in relation to alleged copyright infringement housed in our datacenters.

All Customers pay for services before they are delivered. This bill is due on the date they started service. Due to the prepaying of services there are no refunds available for services not yet rendered.

Any amount paid for design services cannot be refunded for any reason. This allows us to adhere to our belief in and adherence to the NO!SPEC (http://www.no-spec.com/) movement which says that all designers should be paid for their services.

Should your account utilize an excessive amount of server resources (including, but not limited to, CPU processing time, memory usage and network resources) for a sustained period of time, Fresh Vine reserves the right to request that you either upgrade your web hosting service package or reduce your account's use of resources to an acceptable level. Fresh Vine will be the sole arbiter of what is considered to be an excessive amount of server resources. Fresh Vine reserves the right to suspend or shut down any web hosting account deemed to adversely affect server performance or network integrity. In addition, Customers may not run network-accessible servers or other daemons from shared hosting accounts. Customer accounts and data on the shared hosting service should only be made accessible from the services provided by Fresh Vine.

Fresh Vine reserves the right to suspend service to any Customer for violation of the Terms of Service. Fresh Vine will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. Fresh Vine reserves the right to terminate service without notice for continued and repeated violations of the ToS. Continued violations of the TOS resulting in cancellation of services will also result in a fee in the amount of $100 and contract acceleration for all amounts outstanding under the contract term.

Fresh Vine endeavors to have network connectivity available for HTTP access by third parties 99.5% of each month ("Web Site Availability"). In the event that there is no Web Site Availability, Fresh Vine will credit the monthly service charge for the Service at the rate of 5% for every 30 minutes past 99.5% availability in a given month. Credits shall not be provided in the event that there is no Web Site Availability resulting from (i) scheduled maintenance, (ii) Customer behavior or the performance or failure of Customer applications, or (iii) circumstances beyond Fresh Vine's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation). Fresh Vine is not responsible for any additional loss and/or damage as a result of no Web Site Availability. While Fresh Vine attempts to keep regular backups of data stored on our systems, Fresh Vine does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, the client is responsible for making backups of data. Fresh Vine does not guarantee that its backup procedures will prevent the loss of, alteration of, or improper access to our clients' information.

Users are bound in a monthly contract at the invoicing for that months service. If a Customer desires to terminate their services they must do so prior to the beginning of the next billing cycle. Once a new cycle has begun the customer can terminate their service effective at the beginning of the next cycle.

Any failure of payment results in a suspension of service. All data is stored securely for a reasonable amount of time during which the customer may restart their service by updating their payment information. Failure to restart their service prior to the removal of their account will result in all their data stored being removed.

Customer agrees that it shall defend, indemnify, save and hold Fresh Vine harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Fresh Vine, its agents, its customers, servants 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 Fresh Vine against Liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Fresh Vine's service, any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party, copyright infringement, or any defective product which Customer sold on Fresh Vine's service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota, without regard to choice of law provisions that would cause the application of the law of another jurisdiction.