Terms of Service

The use of our hosting and services constitutes agreement to these terms.

Fresh Website Hosting provides high quality website hosting services. The following Terms of Service are to ensure that this quality is maintained and use of services consitutes an agreement to these terms.

Content

All services provided by Fresh Website Hosting 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, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Fresh Website Hosting from any claims resulting from the use of the service that damages the subscriber or any other party.

Examples of Non-Acceptable Content or Links

  • Pirated software
  • Illegal MP3's
  • Hackers programs or archives
  • Warez Sites
  • Pornography
  • Proxies
  • Gambling Related

Fresh Website Hosting will be the sole arbiter as to what constitutes a violation of this provision.

File/Media Downloads

Websites and services providing mass downloads for files and/or media are not allowed. Downloads and media as part of normal websites are allowed. Fresh Website Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Storing Backups

Storing backups for longer than 1 day is not allowed on Fresh Website Hosting.

Mass Mailing, Spam and Unsolicited Email

Spamming or the sending of unsolicited email from a Fresh Website Hosting server or using an email address that is maintained on an Fresh Website Hosting machine, is STRICTLY prohibited. Fresh Website Hosting will be the sole arbiter as to what constitutes a violation of this provision.

Please make an effort to limit outgoing mail on your account to no more than 120 pieces per hour. A limit is in place which will cause mails to not be sent if you exceed this limit. Bulk mailings are not allowed and will result in suspension of your account.

Server Abuse

Any attempts, whether intentional or accidental (runaway processes or excessive resource usage caused by poorly written scripts), to undermine or cause harm to an Fresh Website Hosting server or customer of Fresh Website Hosting is strictly prohibited. Fresh Website Hosting may terminate any account believed to be abusing the network without warning. Web-based games are allowed on our server; however, if these games affect the performance of the entire server, we reserve the right to suspend the account. If the web-based game results in 2 or more account suspensions based on excessive resource usage, we WILL terminate the account without a refund.

In the case of unintentional excessive resource usage we will work with you to identify the problem and attempt to find a solution. If you do not take action on excessive resource usage as advised by our support team it will result in suspension of your account without refund.

Data Security & Backups

Data stored on the internet is not secure; even the most complex of password protection or encryption services can be hacked. You are responsible for protecting sensitive data, and under no circumstances should confidential information such as credit card numbers be stored on your hosting account. Although steps are taken to create backup copies of data stored on Fresh Website Hosting servers, we do not guarantee the security of your data in unforeseen events such as a server being hacked. You are responsible for creating backup copies of your work so that it may be restored in an emergency. In the event of a problem backups may be provided to the client if a backup exists but do not rely on this service for your critical data.

Abuse of FSB Managed

Suspension/De-Activation

Violation of these terms and conditions is grounds for account suspension or de-activation. Fresh Website Hosting reserves the right to remove any account without prior notice. If Fresh Website Hosting deactivates your account(s) for violating our TOS, your will forfeit your rights to a refund. Warnings will be issued in most cases, but more serious violations can result in immediate suspension or termination of the account. Fresh Website Hosting is not responsible for data integrity, regardless of circumstance. We strongly recommends keeping up to date and off network backups to protect against data loss.

14-day Refund Policy

We are confident you will love Fresh Website Hosting and have no hesitation in offering you a full 14 day refund policy. Simply request a refund within 14 days (inclusive of signup and request date) from the signup date for your service if you are not completely satisfied and we will take care of the rest. If you violate any portion of this TOS you immediately forfeit your right to claim a refund.

Pro Rated Refunds

By paying in advance for your website hosting you will get a discount. If you wish to cancel your hosting we will refund for any unused time. Please check the refund policy for more details.

Charge-Backs and Paypal Disputes

Any and all payment disputes must be reported directly to Fresh Website Hosting support within thirty (30) days of the date which the charge originally occurred.

If a charge which is deemed valid by Fresh Website Hosting, and validated by our Terms of Service, is disputed to a financial institution (such as a credit card company or Paypal) by performing a charge-back or payment dispute, then the client agrees to pay an 'Administrative Fee' of $100 in addition to original amount of funds which were reclaimed.

Changes to our Terms of Service

Fresh Website Hosting reserves the right to change this TOS without warning, although major changes may be communicated via e-mail.

Last Revised: February 27th, 2013