TERMS OF SERVICE

AGREEMENT AND ACCEPTANCE OF TERMS OF SERVICE

Your, hereafter also referred to as “User” or “Customer”, use of BrewedFresh Media’s web publishing, content management and hosting services indicates your acceptance and agreement to the BrewedFresh Media Terms of Service described below. This document may be modified without prior notice. BrewedFresh Media reserves the right to change the terms of service without prior notice. BrewedFresh Media may, at its sole discretion, terminate the service should a user’s conduct fail to conform to these terms and conditions. Continued use of the service constitutes an affirmative acknowledgment by user of these modifications.

Either BrewedFresh Media or the user may terminate use of the Service with or without cause at any time and effective immediately. BrewedFresh Media shall not be liable to users or any third party for termination of the service. Upon termination, user’s right to use the service and the related software ceases immediately.

All notices shall be in writing and shall be made either by publication or via email. BrewedFresh Media may publish notices on this website, http://www.brewedfreshmedia.com, to inform users of changes to the service, Terms of Use, or other important procedures; such postings shall constitute notice to users.

The most current version of The Terms of Service will reside online at http://www.brewedfreshmedia.com. The BrewedFresh Media Terms of Service comprise the entire agreement between BrewedFresh Media and its users, unless otherwise indicated.

DESCRIPTION OF SERVICE

BrewedFresh Media provides users with web publishing, content management and hosting services. Subscription to BrewedFresh Media’s web publishing and content management services can be free or paid depending on the selected package of features and designs.

BrewedFresh Media reserves the right to refuse, cancel, or suspend service at our sole discretion. All orders are subject to acceptance by BrewedFresh Media. The user must be 18 years of age to obtain our service.

Each user bears the sole responsibility for the content published on their BrewedFresh.net or hosted website. BrewedFresh Media does not control the content posted via the service and, as such, does not guarantee the accuracy or quality of such content and cannot be held responsible for it. Use of the service is subject to all applicable local, state, national and international laws and regulations as well as to internet-specific policies and procedures.

BrewedFresh Media’s services may be used for lawful purposes only. Illegality includes but is not limited to:

• copyrighted material,
• trademarks,
• intellectual property,
• material we judge to be threatening or obscene,
• material protected by trade secret and other statute without proper authorization,
• drug dealing,
• attempting without authorization to access a computer system,
• pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG’s, ROMs, and ROM emulators),
• gambling,
• schemes to defraud,
• trafficking in obscene material,
• sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person;,
• threatening bodily harm or damage to individuals or groups,
• violating US export restrictions,
• stalking; or
• violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act.

Linking to illegal material is also prohibited. BrewedFresh Media reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.

BrewedFresh Media reserves the right to delete free accounts, which have not been used for a certain period of time, following an email notification and the expiration of the warning period defined therein.

BrewedFresh Media reserves the right to suspend accounts, which are using features and functionalities outside of the package for which they paid.

BrewedFresh Media has the right to delete all content and files upon termination.

BrewedFresh Media reserves the right to withhold any prepaid funds for any site removed for violations of these policies.

BrewedFresh Media shall be the sole arbiter of what is and is not a violation of these acceptable use policies.

Failure to follow any term or condition will be grounds for immediate account deactivation.

Failure by either you or BrewedFresh Media to insist upon compliance by the other party with the terms and conditions of this Agreement shall not constitute a waiver of any rights under this Agreement.

CONTENT, CONTENT OWNERSHIP

Users retain copyright ownership and all related rights for materials published on their BrewedFresh.net or hosted web site.

BrewedFresh Media accounts may not host or handle material that contain the following content or links to content elsewhere. BrewedFresh Media will be the sole arbiter in determining violations of this provision:

1. Pirated software
2. Hackers programs or archives
3. Nudity, pornography, adult material and sex-related merchandising. This includes sites that may infer sexual content, or links to adult content elsewhere.
4. Obscenity
5. Discriminatory/hate propaganda
6. Any material that results in reasonable complaints from other users or third parties.
7. Sites that promote any illegal activity or present content that may be damaging to BrewedFresh Media servers or any other server on the Internet
8. Any site selling or promoting Bulk email services or software is not allowed.

You agree that BrewedFresh Media may remove objectionable materials residing on the BrewedFresh Media server. Such removal shall be at BrewedFresh Media’s sole discretion and BrewedFresh Media shall be the sole judge of what constitutes objectionable material.

PROHIBITED USES

Any attempt to undermine or cause harm to a server or user of BrewedFresh Media is strictly prohibited. There shall be no attempt to gain unauthorized access to BrewedFresh Media systems or accounts, unpaid for features and functionalities, disrupt service or network connectivity, misuse BrewedFresh Media facilities, or create fraudulent accounts. Administrative intervention required due to abuse of any of the policies in the Agreement will be billed to the user at $100 per hour. User shall be held liable for any and all costs incurred by BrewedFresh Media as a result of user violation of these terms and conditions; including but not limited to attorney fees.

Abuse of the legal rights of others. Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code which will have a deleterious effect on third party computers.

Violations of the BrewedFresh Media system or network security are prohibited, and may result in criminal and civil liability. BrewedFresh Media will investigate incidents involving such violations and may involve and will cooperate with law enforcement if a criminal violation is suspected. BrewedFresh Media reserves the right to report illegal activities to any and all regulatory, administrative, and/or governmental authorities for prosecution. Examples of system or network security violations include, but not limited to, the following:

1. Attempt to circumvent any user authentication or security of host, network, or account.
2. Accessing data, features, and functionalities not intended for user.
3. Probing the security of any network.
4. Unauthorized use of accounts or computers, whether or not the attacked account or computer belongs to BrewedFresh Media, including “internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.
5. Interference with service to any user including, but not limited to, flooding, deliberate attempts to overload a system and broadcast attacks.
6. Subscribing someone else to an electronic mailing list without that person’s permission.

USER ACCOUNTS AND SECURITY

Users are entirely responsible for maintaing the confidentiality of their password and account, as well as any password protected areas of their sites. Users are entirely responsible for any and all activities, which occur under their account.

Users agree to immediately notify BrewedFresh Media of any unauthorized use of their account or any other breach of security known to user.

BILLING/CANCELLATION

All prices listed are in US dollars and must be drawn from a US bank.

All fees are payable in advance for the upcoming month (unless prepaid) on a anniversary date billing cycle. Although you may cancel your service at any time, you remain responsible for any outstanding moneys due and payable at the time of cancellation. You are responsible for notifying us when you wish to cancel your service. You may email billing@brewedfreshmedia.

For users who have purchased a quarterly or yearly plan or paid in advance and wish to cancel before the end of the plan, we will refund the balance, however you will be charged the full monthly rate for services provided.

BrewedFresh Media may cancel specials at any time. Prices are subject to change at any time, and prices are only guaranteed for the initial period of prepayment.

BrewedFresh Media accepts personal/business checks, money orders, or International money orders in US currency, drawn from a US Bank for annual fee payments.

Sales and use taxes and all other applicable taxes which are applicable to the provision of services shall be incurred by User regardless of whom the taxes are or were imposed upon.

It is the sole responsibility of the user to insure their payment information is maintained current and available for payment of incurred fees. If you default, you agree to pay BrewedFresh Media its reasonable expenses, including attorney and collection-agency fees, incurred in enforcing its rights under these Terms and Conditions.

BrewedFresh Media offers a 30 day money back guarantee on new web hosting accounts. If not satisfied with our web hosting within the first 30 days of your account setup, you will be given a full refund of the services amount (excluding setup fees). You must notify us within the first 30 days following activation. No refund is available after the 30th day. Users must email billing@brewedfreshmedia.com to cancel an account. Phone requests will not constitute acceptance of any cancellation.

Refunds will be issued in the same manner that payment was made. If you paid by check, we reserve the right to wait 30 days (for your check to clear) before issuing a refund check. This guarantee does not apply to additional services such as Calendar only accounts.

Accounts that are past due in payment of balances due will be given 7 days notice (via email to the address we have on file – it is USERS RESPONSIBILITY TO UPDATE THEIR EMAIL ADDRESSES ON THEIR ACCOUNT PROFILE). If no response is received in that period, the account may be temporarily deactivated, and a $10 reactivation fee will apply to have the account reactivated. If after 14 days of suspension, payment is still not received the account may be deleted, including all stored email. Late payments may be subject to a $10 late fee.

On any account where we have paid your domain registration fee, if you should cancel your account before you have paid us the invoiced fee, we reserve the right to charge you a $15.00 service fee.

Credits and free month(s) of hosting do not have a cash value, and as such, are not refundable.

Setup fees are nonrefundable.

If your check is returned to BrewedFresh Media unpaid, you agree to pay a returned check charge of $25.00.

If we must deal with a credit card chargeback on your account, you will be charged a $50 administrative fee for our time in dealing with this. Should your account be turned over to a collection agency, you are responsible for collection and legal fees.

If you default, you agree to pay BrewedFresh Media reasonable collection expenses, including attorney and collection agency fees.

The user is responsible for all money owed on the account from the time it was established to the time that the user notifies BrewedFresh Media in writing for a request for cancellation of services.

BrewedFresh Media reserves the right to cancel service at any time. All fees paid in advance of cancellation will be prorated and paid by BrewedFresh Media if BrewedFresh Media institutes it’s right of cancellation. Any violation of policies which results in extra costs will be billed to the user (i.e. transfer, space etc.)

Written notification of cancellation must be received at least five days prior to your cycle date, with the cycle date being the day of the month you sign up, in order to avoid charges in full for the next cycle.

BACKUPS

Full backups are made weekly, and backups of the web publishing and content management database is made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the users’ responsibility to maintain local copies of their web content and any information. If loss of data occurs due to an error of BrewedFresh Media, BrewedFresh Media will attempt to recover the date for no charge to the user. If data loss occurs due to negligence of user in securing their account or by an action of the user, BrewedFresh Media will attempt to recover the data from the most recent archive for a $100.00 fee.

STORAGE AND OTHER LIMITATIONS

BrewedFresh Media reserves the right to automatically clean assets exceeding the storage limit for the respective package subscription, after sending an email notification for exceeding the limit and failure on the part of the user to take subsequent action to clean the surplus assets or alternatively request an upgrade of the account. BrewedFresh Media assumes no responsibility for the deletion or failure to store information entered into BrewedFresh Media’s web publishing and content management service.

LIABILITY

ALL SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. BrewedFresh Media makes absolutely no warranties whatsoever, express or implied, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THESE SERVICES OR ANY INFORMATION OR SOFTWARE PROVIDED THEREBY.

BrewedFresh Media shall not be responsible for any claimed damages, including incidental and consequential damages, including lost profits which may arise from BrewedFresh Media’s servers going off-line or being unavailable for any reason whatsoever. Further, BrewedFresh Media shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of BrewedFresh Media’s servers.IN THE EVENT BREWEDFRESH MEDIA IS FOUND LIABLE FOR ANY CLAIM ARISING UNDER THIS AGREEMENT, IN NO EVENT WILL BREWEDFRESH MEDIA BE LIABLE FOR AN AMOUNT IN EXCESS OF THE AMOUNTS PAID TO BREWEDFRESH MEDIA UNDER THIS AGREEMENT.

NONASSIGNABILITY

User’s rights and obligations under this agreement may not be transferred or assigned directly or indirectly without the prior written consent of BrewedFresh Media, which consent shall not be unreasonably refused.

INDEMNIFICATION

User will take all necessary measures to preclude BrewedFresh Media from being made a party to any lawsuit or claim regarding BrewedFresh Media services provided to any user or end user. User hereby agrees to indemnify and hold harmless BrewedFresh Media from any and all claims of whatever nature, expenses, demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against BrewedFresh Media, its agents, its users, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by user, it’s agents, employees or assigns.