Terms of Service
Last Updated: 7/10/2013
FreedomCP, Inc. (herein referred to as "FreedomCP") agrees to provide services, including ServerPilot, to the Subscriber, subject to the following Terms of Service. Use of FreedomCP's service constitutes acceptance and agreement to FreedomCP's Terms of Service.
FreedomCP reserves the right to modify the Terms of Service without notice.
1. Eligibility & Acceptance
1.1 You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the United States or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify FreedomCP of any unauthorized use of your account or any other breach of security. FreedomCP will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Use Policy
Lawful use of the Service
2.1 In using the Service, Users will comply with, and refrain from violations of, all applicable provisions of the United States Code, the Code of Federal Regulations, and the New York Revised Statutes, including but not limited to those statutes forbidding: (a) distribution of child pornography, (b) forgery, identity theft, misdirection or interference with electronic communications, (c) invasion of privacy, (d) violations of the CANSPAM Act, (e) collection of excessive user data from children, or other improper data collection activities, (f) securities violations, wire fraud, money laundering, or terrorist activities, or (f) false advertising, propagating or profiting from frauds and unfair schemes. Users will also comply with the affirmative requirements of law governing Service use, including but not limited to: (a) disclosure requirements, including those regarding notification of security breaches, (b) records maintenance for regulated industries, and (c) financial institution safeguards.
Agreed Use of Allotted Service Resources
2.2 Users shall not use any method to circumvent the provisions of the terms of service, or to obtain services in excess of those for which they contract with FreedomCP.
2.3 Users may not use the Service to distribute, receive communications or data gleaned from, or execute any action directed by any type of injurious code, including but not limited to: (a) trojans, (b) key loggers, (c) viruses, (d) malware, (e) botnets, (f) denial of service attacks, (g) flood or mail bombs, (h) logic bombs, or (f) other actions which FreedomCP reserves the sole right to determine to be malicious in intent.
2.4 In addition to being forbidden from performing any acts made illegal by the CAN-SPAM Act, Users may not send bulk email utilizing their Service resources unless they maintain a double-authorized list of subscribed members including IP addresses and relevant contact information, along with following guidelines for including removal links with all sent emails according to the CAN-SPAM act. Users are forbidden from taking any action that would result in their IP addresses, or any IP address associated with FreedomCP or other Users, being placed on the Spamhaus.org blacklist.
2.5 You agree that you will NOT use FreedomCP's services to: violate any applicable state and federal law and regulation, including, but not limited to, any copyright, trademark, patent, anti-piracy, or other intellectual property law or regulation, or encourage or enable others to violate any such law or regulation. Transmit, distribute, post, store, link, or otherwise traffic in information, software, or materials that is offensive, abusive, inappropriate, malicious, or detrimental, including, but not limited to, those that: Are obscene, fraudulent, or discriminatory. FreedomCP permits adult websites that abide by state and federal law and regulation.
2.6 Users are restricted from registering multiple accounts with the same billing details without first notifying FreedomCP of that intent to ensure that accounts aren't automatically flagged as possibly fraudulent and without notification accounts may be treated as abuse and/or fraudulent which would lead to suspension of service. FreedomCP also reserves the right to terminate a customers account if they are targeted by malicious activity from other parties.
Invasion of Privacy, Defamation, or Harassment
2.7 Users may not use Service resources in a manner that would violate the lawful privacy rights of any person, or to publish or republish defamatory statements, or to harass and embarrass.
Violation of Copyright, Trademark, Patent or Trade Secret
2.8 Users may not use Service resources in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Service to publish such materials in a manner that would expose them to public view in violation of the restrictions of law. The provisions of the DMCA will apply to issues presented by allegations of copyright violations by third parties. FreedomCP will, in appropriate circumstances, terminate the accounts of repeat infringers.
2.9 The foregoing enumeration of violative acts is not meant to be exclusive, and FreedomCP provides notice hereby that it has and will exercise its authority to take whatever action is necessary to protect the Service, Users, and third parties from acts that would be inimical to the purposes of this AUP as set forth above.
Acts of Sub-Users
2.10 Users are responsible for the acts of others utilizing their Service access, and will be held responsible for violations of this AUP by their sub-users or persons who gain access to the Service using the User's access codes. Any activity that a User is prohibited from performing by this AUP is equally prohibited to anyone using the Service-access of the User. Accordingly, Users agree to take the following actions to control the activities of those who connect to the Service by any means.
Access Code Protection
2.11 Users will utilize proper security protocols, such as setting strong passwords and access control mechanisms, safeguarding access to all logins, passwords, and verifying the trustworthiness of persons who are entrusted with account access information.
Notification Regarding the AUP
2.12 Users will notify all persons who receive Service-access of the provisions of this AUP, and will inform them that its terms are binding upon them.
2.13 Users will notify FreedomCP if and when they learn of any security breaches regarding the Service, and will aid in any investigation or legal action that is taken by authorities and/or FreedomCP to cure the security breach.
Remedies for Violations
2.14 FreedomCP may take any of the following appropriate actions to remedy violations of this AUP:
Service Suspension or Termination
2.15 FreedomCP may suspend or terminate any account without refund by a User that violates the provisions of this AUP, as FreedomCP may deem appropriate to the circumstances of the violation. FreedomCP will provide prior notice of the intent to suspend or terminate service if the provision of notice will not, in FreedomCP's judgment, run counter to the purposes of the AUP.
3. Master Service Agreement
3.1 The term of this Agreement shall be monthly, to commence on the date that the User sign-ups electronically for service by creating an account with an email address. Fees are billed by FreedomCP on a monthly billing cycle commencing on the first of each month, ending on the last day of the month.
3.2 All invoices are denominated, and User must pay, in U.S. Dollars. User will be billed on or around the first of each month, with payment due no later than the 10 days past the invoice date.
3.3 Payments not made within ten (10) days of invoicing will be deemed in arrears. For accounts in arrears. If any amount is more than ten days overdue, FreedomCP may suspend service and bring legal action to collect the full amount due, including any attorneys fees and costs.
Suspension for Nonpayment
3.4 FreedomCP may suspend some or all Services to User for failure to make timely payment.
Disclaimers and Waiver of Liability
3.6 FREEDOMCP DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICES PROVIDED HEREUNDER, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT REGARDING HARDWARE, SOFTWARE, OR SERVICES, NOR THE STATEMENT OR CONDUCT OF ANY AGENT OF FreedomCP, SHALL BE DEEMED A WARRANTY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY WHATSOEVER. USER ACKNOWLEDGES THAT HE OR SHE HAS RELIED ON NO WARRANTIES OR STATEMENTS OTHER THAN AS MAY BE SET FORTH HEREIN. USER HEREBY WAIVES ANY AND ALL CLAIMS AGAINST FreedomCP ARISING OUT OF USER'S PURCHASE OR USE OF THE SOFTWARE, OR ANY CONDUCT OF FreedomCP'S OFFICERS, EMPLOYEES, OR AGENTS. FreedomCP SHALL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO USER OR ANY THIRD PARTY IN ANY AMOUNT, OR FOR ANY INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES, UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, REVENUE OR SAVINGS, LOSS OF GOODWILL, OR THE LOSS OF USE OF ANY DATA, EVEN IF FreedomCP HAD BEEN ADVISED OF, KNEW, OR SHOULD HAVE KNOWN, OF THE POSSIBILITY THEREOF. NO DISCLOSURE BY FreedomCP'S OFFICERS, EMPLOYEES, OR AGENTS, SHALL BE MADE A CAUSE OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL FreedomCPS AGGREGATE CUMULATIVE LIABILITY HEREUNDER, WHETHER IN CONTRACT, TORT, UNDER STATUTE, OR OTHERWISE, EXCEED THE AMOUNT OF ONE (1) MONTH OF SERVICE PROVIDED PURSUANT TO THIS AGREEMENT. USER ACKNOWLEDGES THAT THE FEES PAID BY HIM OR HER REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT FreedomCP WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS.
3.7 User shall keep confidential any Confidential Information to which it is given access, and shall cooperate with FreedomCP's efforts to maintain the confidentiality thereof. User shall not publish to third parties or distribute information or documentation that FreedomCP provides for purposes of operating and maintaining its systems, including material contained in estimates, invoices, work orders, or other such materials.
3.8 User is solely responsible for the preservation of User's Data. Even with respect to Data as to which User contracts for backup services, FreedomCP shall have no responsibility to preserve Data, the service is provided as is, without warranty.
3.9 User shall comply with all applicable export and import control laws and regulations in its use of FreedomCP Services, and, in particular, User shall not utilize FreedomCP Services to export or re-export Data or Software without all required United States and foreign government licenses. User assumes full legal responsibility for any access and use of FreedomCP Services from outside the United States, with full understanding that the same may constitute export of technology and technical data that may implicate export regulations and/or require export license, and represents that, should such a license be required, it shall be User's responsibility to obtain the same, and in the event of any breach of this duty resulting in legal claims against FreedomCP, User shall defend and hold Licensor harmless from all claims and damages arising therefrom.
3.10 User shall defend, indemnify and hold harmless FreedomCP from any and all claims or causes of action arising out of User's misuse of FreedomCP Services.
3.11 Either party may terminate this Agreement if the other party fails to cure a material breach of the terms of this Agreement within thirty (30) days after receiving notice thereof. In the event FreedomCP terminates this Agreement for User's material breach, any amounts owed to FreedomCP hereunder before such termination will be immediately due and payable, any and all rights granted to user this Agreement will immediately be cancelled, and User shall promptly discontinue all use of the Services, relinquish any Confidential Information in User's possession or control. If FreedomCP determines that User's failure to abide by the terms and conditions of this Agreement may give rise to unlawful consequences or cause an immediate risk of damage to FreedomCP, other Users, or third parties, FreedomCP may terminate this Agreement on less than thirty (30) days notice.
3.12 FreedomCP may suspend or terminate Services and this Agreement immediately upon receipt of any lawfully issued notice from a court having jurisdiction over FreedomCP, alleging the use of the Services to accomplish violations of law, pending the resolution of the relevant court proceeding. When subjected to lawful process requiring disclosure, FreedomCP may disclose the User's identity and contact information, and FreedomCP shall not be liable for damages or results thereof, and User agrees not to bring any action or claim against FreedomCP for such disclosure.
3.13 All terms of this Agreement, which by their nature are intended to survive termination of this Agreement, shall so survive.
3.14 Either party shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strikes any action of a governmental entity, etc.; provided that the party experiencing the force majeure provides the other with prompt written notice thereof and uses reasonable efforts to remedy effects of such force majeure.
Choice of Law, Venue, Consent to Email Service and Waiver of Hague Convention Service Formalities
3.15 Any claim arising under this Agreement shall be construed in accordance with the substantive and procedural laws of the State of Delaware, without regard to principles of conflict of laws. User consents to the jurisdiction of the State of Delaware. User consents to service of process via Domestic or International First Class Certified Mail and/or email at the land and email addresses set forth in the signature line below, and waives any requirement under the Hague Convention or other judicial treaty requiring that legal process be translated into any language other than English.
Integration and Miscellaneous Provisions
3.16 This Agreement, including all related agreements and policies incorporated by reference herein, constitutes the entire agreement between the parties related to the subject matter hereof, supersedes any prior or contemporaneous agreement between the parties relating to FreedomCP's Services and shall not be modified except by a written agreement signed by both parties, specifically recording the intent to amend this Agreement. Any waiver of a provision of this Agreement must be in writing and signed by the party to be charged. A valid waiver hereunder shall not be interpreted to be a waiver of that obligation in the future or any other obligation under this Agreement. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute the same instrument. This Agreement may be signed electronically.
Personal Data Collected
4.1 FreedomCP collects and stores personal information including the full name, company name, billing address, email address, IP address, landing page, referring URL for all customers upon registration and use of our service. We also store cookies for visitors to our websites in order to identify them for relevant advertising through third party websites, also known as retargeting. We also gather usage information from our visitors via cookies. If you have any questions regarding the data that is collected and or stored please contact us via email to email@example.com or via mail to our address listed below.
Security of Personal Data
4.2 FreedomCP is committed to protecting the security of customer collected Personal Data. To do so we employ a variety of industry-standard security technologies and measures to help protect your data from unauthorized access, use, or disclosure which include but are not limited to encrypting any transmission of said information using secure socket layer (SSL), passing of credit card information directly to our PCI compliant Merchant Processor, encryption of any collected credit card information, encryption of passwords and other authentication mechanisms such as API keys, and restricting access to encrypted information to support personnel at FreedomCP. We require that customers enter in a password to access their account information and request that customers use a password composed of different characters and of a large length to strengthen security and that they do not disclose this information to others via electronic formats or otherwise. Please note that FreedomCP cannot fully eliminate security risks associated with the collection of said data and mistakes and security breaches may happen, please contact us if you have any questions regarding the security of our website, application, or otherwise.
Third Party Disclosure of Personal Data
4.3 FreedomCP does not disclose any Personal Data to any third party companies for purposes of partnerships or advertising.
4.4 FreedomCP may disclose Personal Data to comply with relevant laws and legal governing bodies of any country in which we do business, or where a customer may reside in order to remain complaint with United States and International Laws, whereby mandated by state and or federal agencies for the purposes of criminal investigations or by court order.
4.5 FreedomCP for the purposes of billing does disclose personal information such as name, billing address, IP address, and credit card information to third party merchants for processing payments.
Access to Personal Data
4.6 FreedomCP customers have access to their personal data including full name, company name, email address, and credit card information. Customers have the ability to delete data related to their full name, company name, and identifiable billing information which will no longer be stored in our databases, with the exception of: email address, network logs, cases where fraudulent or otherwise illegal activity has been deemed to occurred as determined by law enforcement or FreedomCP management, in which case the information may remain in our database indefinitely in order to help facilitate the prevention of repeated abuse in the future from the offending party.
4.7 To have your email permanently removed please email us at firstname.lastname@example.org.
4.8 FreedomCP support personnel may access customer servers through SSH for customer support and debugging purposes.
4.9 FreedomCP will send occasional promotional materials through email and customers have the option to opt-out of these emails by either responding directly inside of the email itself or through updating their preferences in our control panel.
4.11 Only in cases where FreedomCP is served with a search warrant or a subpoena is any information passed along to any law enforcement entities.
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