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Terms of Service

Please read the following Terms and Conditions carefully. Requesting, purchasing, making use of , or in anyway paying for a service or product from Foxy Vine Design implies that you have read and accepted these terms and conditions. We reserve the right to change and modify the Terms and Conditions without notice.
Disclaimer

All services provided by Foxy Vine Design (“Foxy Vine Design”) 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, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Foxy Vine Design from any claims resulting from the use of service which damages the subscriber or any other party.

Foxy Vine Design will not be responsible for any damages your business may suffer. Foxy Vine Design makes no warranties of any kind, expressed or implied for service we provide. Foxy Vine Design disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting in delays, no deliveries, wrong delivery, and any and all service interruptions caused by Foxy Vine Design and its employees. Foxy Vine Design reserves the right to change its policies at any time without prior notification.

Uptime

Foxy Vine Design  endeavors to have network uptime 99.9% of the time. In the event that your website is not up 99.9% of the times, we will, at your request, prorate the applicable portion of your monthly, quarterly, semiannually, or yearly service charge.

Payment Policy

Your account will not be activated until we receive your first months payment. Users, will receive invoices that are sent via email approximately one week before they are due. Invoices are to be paid on or by the date on the invoice. Failure to comply will result in your account being terminated. If you then wish to re-register for the account, all regular sign-up rules and prices will apply. If at any time your account becomes past due or inactive for any reason, we reserve the right to change your rate to match the current prices. We reserve the right to deny any order.

Credit Card Payment Policy
Additional verification may be required for credit card orders. Verification may include voice verification, a copy of your photo ID and credit card. We reserve the right to deny any order if we are unable to verify the account. All credit card payments are automatically billed every month. Invoices paid via credit card are subject to a 4% convenience fee. Your credit card statement may say “Foxy Vine Design” for the credit card charge.

Dedicated Server Account Payment Policy
Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date Foxy Vine Design will terminate the customer’s service. Once the customer’s service is cancelled any data on the server will not be recoverable. Foxy Vine Design is not liable for any lost data due to non-payment.

VPS Payment Policy
Payments are due every month on the date of registration. Payments are considered late after 1 day following the due date. If the account is not paid on the due date the account may be terminated. Foxy Vine Design will terminate the customers service if the invoice is 3 days overdue. If the server is suspended, payments are subject to a $15.00 reconnection fee.

Reseller Payment Policy
The resellers invoice is due every month on the date of registration. They are considered late after 1 day. If the account is not paid within 24 hours the account may be suspended. This includes the end-user’s accounts. If the payment is not received within 3 days of due date the resellers account and end-user’s accounts will be terminated. If after 48 hours of suspension there is no communication from the reseller, and the end-user wishes to continue service, the end-user’s account will be turned over to the end-user and billing will be between Foxy Vine Design and the end-user.

Late Fee
Payments are due every month on the date of registration. They are considered late after 1 day following the due date. If the account is not paid 2 days following the due date a late fee of 15% will be added to the invoice. This fee must be paid prior to activation of the late account.

Abuse

Prohibited are sites that promote any illegal activity or present content that may be damaging to Foxy Vine Design’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Any attempt to undermine or cause harm to a server or customer of Foxy Vine Design is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. Server abuse includes but is not limited to the following:

A. CPU/Resource intensive Programs

B. Denial of Service Attacks

C. Hacking/cracking of any kind (This includes exploits)

D. Account trading

E. Spamming

G: Transmission, storage or distribution of any information, data, or material in violation of any law or regulation is prohibited. This included but not limited to: copyrighted material, trademarks, or any other illegal content. Examples: Movies, MP3s, Pirated Software, Hacker Programs, or Warez Sites.

H: We do allow IRC on our VPS accounts and dedicated servers. We do not allow IRC on our shared web hosting servers.

I: Warez, image/file dump, mirror, or ad services.

J: Sale of controlled substance or online pharmacies.

K: Autosurf sites, investment sites, escrow, HYIP, bank debenture programs, or lottery sites.

L: Brute force programs, IP scanners, mail bombers, and spam scripts.

M: Personal Proxies are allowed.

Foxy Vine Design will be the sole arbiter as to what constitutes as a violation of server abuse, and reserve the right to terminate the account without notification.

5. Early Termination/Cancellation

Foxy Vine Design reserves the right to cancel a customers service at any time. If cancellation is caused by customers violation of these policies, then no refund is due. Customers may cancel service at any time, but no refund is due. Foxy Vine Design does not offer refunds on any services under any circumstances.

If you wish to cancel your services, you must notify us five (5) business days prior to your renewal date. If your notice of cancellation is not received within this required time frame, you will be liable for payment of the proceeding month and hereby agree to complete payment as invoiced accordingly. Accounts with 50 servers or more require a sixty (60) day cancellation notice. Upon requesting cancellation a final bill, covering the 60 day service period, will be issued and is due upon receipt. The final invoice must be paid in order for the cancellation request to become effective. You may cancel by sending a support ticket or by using the cancellation form within your client area.

If you cancel your account and your payments still continue to recur for any reason such as 1) by fault of Foxy Vine Design staff 2) by fault of the credit card processor 3) by fault of any other payment collection company, we are to be held free of liability for any overdraft fees that are issued by your financial institution.
Foxy Vine Design does not offer any refunds on web hosting including shared and reseller accounts, dedicated servers, VPS, web design, and domain registration. You may cancel your dedicated server at any time however no refunds will be issued. Licenses and add-ons are non-refundable.
6. Privacy Policy

Foxy Vine Design has created this privacy statement in order to demonstrate our firm commitment to privacy. The following discloses the information gathering and dissemination practices for this Web site.

We take our customers privacy very seriously. You are guaranteed 100% privacy. Information such as address, phone, etc. will not be given out. However, we reserve the right to monitor your account. We will also use given information to verify you as the account holder in the event you forgot your password.

Information Automatically Logged

We use your IP address to help diagnose problems with our server and to administer our Web site. We use this information for no other reason.

Order Forms

Our site uses an order form for customers to request services. (128 bit encryption). We collect sensitive information which is used only for our purpose, not third party receives any type of information from us.

Contact information from the order forms is used to get in touch with the customer when necessary.

Billing information that is collected is used to bill the user for services.

Unique identifiers are collected from Web site visitors to verify the user’s identity.

Demographic and profile data is also collected at our site.

We use this data to tailor our visitor’s experience at our site showing them content that we think they might be interested in, and displaying the content according to their preferences.

Security

This site has security measures in place to protect the loss, misuse, and alteration of the information under our control. We use strong SSL encryption to ensure your privacy.

Third Parties

Information collected on this site is strictly for our use, NO OTHER OUTSIDE PERSONS MAY VIEW YOUR PERSONAL INFORMATION SUCH BILLING INFORMATION, ETC

7. Adult Content

Adult-oriented sites, pornography and sex related content are allowed only on our web hosting and reseller accounts. Child pornography is strictly prohibited.

8. Content

Foxy Vine Design agrees with freedom of speech. However Foxy Vine Design does not allow websites with the following content: Racism of any kind including but not limited to color, religion, creed, or any other beliefs. Other content that is prohibited are threats, hate websites, terrorist websites, violent websites, and malicious content.

Shared and Reseller accounts may not be used as a backup/storage device.

9. Domain Registration/Renewal

If a domain is registered through Foxy Vine Design the client is responsible for renewing the domain. Domain prices are subject to change.

In order for Foxy Vine Design to host your domain you must change your domain name servers (DNS) to our DNS. This must be done at your domain registrar. This is not considered a renewal or transfer of your domain. In order for this process to be performed you must contact your domain registrar.

10. Server Backups

Foxy Vine Design makes a best effort to backup customer files and data. However under no circumstance are we liable for the preservation or backup of your files or data. For liability reason we cannot guarantee that your material will be backed up. Customers should always maintain a copy of their data. Shared cPanel accounts over 5GB are not backed-up automatically.

11. Mail/Spam Policy

Foxy Vine Design has a zero tolerance spam policy. We do not allow unsolicited e-mail, bulk emailing, and spam. Any user found doing such activity will have their account terminated. Websites that are advertised via spam may not be hosted on our servers.

The number of messages allowed to be sent per hour per domain is 350 messages.

Subscribing email addresses to any mailing list without express permission of the email address owner is prohibited. All mailing lists run on our servers must be Closed-loop (Confirmed Opt-in).

User may be charged a fee for blacklist removal of $250.00 or more.

We offer MailChannels addon to our managed services for a premium. We do not allow email marketing on these plans. We do reserve the right to limit or suspend SMTP relay service for any reason. Accounts found spamming will be subject to our spam fee outlined in our terms of service.

Server Resource

Any websites that uses a high amount of system resources such as but not limited to CPU time, memory usage, and network resources will be notified in email of such activity to reduce their account to an acceptable level. The customer must then reduce their account to an acceptable level. Foxy Vine Design shall be the sole arbiter of what is considered to be high server usage.

Any dedicated server or VPS account that exceeds their monthly bandwidth allotment will be subject to a bandwidth overage charge of $0.0075/GB. This charge is due within 7 days of the date the overage is invoiced.

IP Policy

Foxy Vine Design offers additional IPv4 addresses at a nominal cost to our clients. Due to the rapid exhaustion and shortage of IP addresses, VPS accounts are limited to a total of (5) IP addresses. If you require more IPs with proper ARIN justification, we can upgrade you to a dedicated server or you may purchase an additional VPS. All IP address usage must be in compliance with ARIN justification rules.

Support Policy

Foxy Vine Design offers managed and unmanaged services. For managed services we will provide at our best effort to accommodate your request within reason. All managed services require cPanel/WHM to be installed on the server as well as a valid cPanel/WHM License.

For our unmanaged clients our support is limited to hardware and network issues. Any support that is not related to a network or hardware issue will be subject to a fee of $125.00/hour billed in 15 minute increments to our vps and vds provider Hudson Valley Host.

Migration Policy

Foxy Vine Designoffers migration assistance for our shared clients, resellers and managed clients. In order for us to migrate your websites over you must be coming from a cPanal and your new server must have cPanel as well. For 1-10 domains the migration is free. For 10-15 domains the price is $4.95 to migrate, 15-25 domains the price is $9.95. Above 25 domains please contact sales for a quote.

Affiliate Program Policy

Foxy Vine Designoffers an affiliate program which our customers can refer other people to our services. Our affiliate payout if via account credit at Foxy Vine Design. We do not offer any payments outside of account credits. The affiliate earning percentage is 5%. The minimum payout via account credit is $20.00. There is a 30 day hold on all affiliate payouts.

Template Shop

LICENSE

Our website grants you four possible types of license to use the web templates and other products (the “products”) sold through our website by independent content providers in accordance with these Terms and Conditions (the “license”) issued by our company, as follows:
ONE TIME USAGE LICENSE

You may be granted a One Time Usage License in case of purchasing a website template at a Non-Unique Price. It enables you to use each individual product on a single website only, belonging to either you or your client. You have to purchase the same template again if you to use the same design in connection with another or other projects;
DEVELOPER’S LICENSE

If you purchase a Developer’s license, you are granted a non-exclusive permission to use the template on up to 5 domains for projects belonging to either you or your client. With this license, you are not allowed to integrate the purchased product with a third-party software, freeware or applications;
EXTENDED LICENSE

This license entitles you to integrate the template with the software, freeware, or application which isn’t produced by our company. You are permitted to redistribute or resell your created products unlimited number of times. The price for the extended license is half of the template’s Buyout price. You can apply for the license at [email protected];
GNU GENERAL PUBLIC LICENSE v3.0

If you buy a template released under GNU General Public License v3.0, you can use it on any number of projects belonging to either you or your clients without any limitations. This license allows you to modify the template and its sources to suit your needs and redistribute it under the terms of the GPL as well;
BUYOUT PURCHASE LICENSE

You may be granted a Buyout Purchase License in case of purchasing a website template at a Buyout Purchase Price. This type of license guarantees that you are the last person to buy this template. After the buyout purchase occurs, the template is permanently removed from the TemplateMonster sales directory and is never available to other customers again. You can not redistribute or resell templates after Buyout Purchase Price.
IMAGERY, CLIPARTS AND FONTS

All imagery, clipart, fonts and video footages used in our website templates are royalty-free and are the integral part of our products. One Time Usage License and Developers License give you the right to use images, clipart, fonts and video footages only as a part of the website you build using your template. You can use imagery, clipart, fonts and video footages to develop one project only. Any kind of separate usage or distribution is strictly prohibited. All images and illustrations used in templates come in a single layer, as is.
In the templates released under GNU GPL v3.0 images are not included and are used for demo purposes only.
Some of the templates that are animated with the Flash technology may contain effects created with the following software packages: Adobe AfterEffects, 3DMax. To clarify whether or not effects like these are present in certain template please address our Support Team for further consulting.
Please be informed that for editing these effects you will need proper software and skills. The alternate variant is to hire someone to do it for you.
MODIFICATIONS

You are authorized to make necessary modification(s) to our products to fit your purposes in accordance with the type of license you acquire.
UNAUTHORIZED USE

If you have not received the Buyout License, you shall not place any of our products, modified or unmodified, on a diskette, CD, website or any other medium. You also shall not offer them for redistribution or resale of any kind without prior written consent from our company.

ASSIGNABILITY

You shall not sub-license, assign, or transfer the any mentioned above to any entity without prior written consent from our company.

OUR REFUND POLICY

Since Foxy Vine Design is offering non-tangible, irrevocable goods we do not issue refunds after the product is delivered, which you acknowledge prior to purchasing any product at our site. Please make sure that you’ve carefully read ‘sources available’ section. We only make exceptions with this rule when the product appears to be not-as-described on a case by case basis at our sole discretion. The deadline for any refund claim is one week after the delivery date. The refund is issued to you after we receive a Waiver of Copyright signed by you. This is a required condition.
OWNERSHIP

You do not claim intellectual property right or exclusive ownership to any of our templates, modified or unmodified. All templates are property of independent content providers. Our products are provided “as is” without warranty of any kind, either expressed or implied. In no event shall our company or its agents be liable for any damages including, but not limited to, direct, indirect, special, punitive, incidental or consequential, or other losses arising out of the use of or inability to use our products.

INSTALLATIONS

We do not install any of our products which require this (osCommerce templates, Zen Cart templates, etc.). Installation is a paid service which is not included in the package price.

ANTIFRAUD CHECK

Customer purchase can be suspended for manual antifraud check for 10-20 minutes as well as it can be suspended for a longer term for more serious investigations. Antifraud check occurs because of growing number of fraud transactions from persons who are not actual cardholders of the credit cards used during purchase.

THIRD-PARTIES SERVICES

We may allow access to or advertise certain third-party product or service providers (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of or purchase from such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.

REGISTRATION/PURCHASE

Purchasing from the Site may optionally require you to register. If registration is performed, you agree to provide us with accurate, complete registration and/or purchase information. Your registration must be done using accurate information. Each registration is for your personal use only. We do not permit:
any other person using the registered sections under your name; or
access through a single name being made available to multiple users on a network. You are responsible for preventing such unauthorized use.
Foxy Vine Design retains the sole right and authority to accept or reject your registration, or to terminate registration once accepted, for any reason that it deems appropriate.

ERRORS, CORRECTIONS AND CHANGES

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content.

THIRD PARTY CONTENT

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

UNLAWFUL ACTIVITY

We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

LIMITATION OF LIABILITY

We and any Affiliated Party shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from
any errors in or omissions from the Site or any services or products obtainable therefrom,
the unavailability or interruption of the Site or any features thereof,
your use of the Site,
the content contained on the Site, or
any delay or failure in performance beyond the control of a Covered Party.
the aggregate liability of us and the affiliated parties in connection with any claim arising out of or relating to the site and/or the products, information, documents and services provided herein or hereby shall not exceed $100 and that amount shall be in lieu of all other remedies which you may have against us and any affiliated party.

PAYMENTS

You represent and warrant that if you are purchasing something from us or from Merchants that
any credit information you supply is true and complete,
charges incurred by you will be honored by your credit card company, and
you will pay the charges incurred by you at the posted prices, including any applicable taxes.

GOVERNING LAW AND JURISDICTION

By accessing this website, you agree that all matters relating to your access to and use of this website and/or its products shall be governed by the statutes and laws of the State of New York, without regard to the conflict of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the state and federal courts of Niagara County, New York with respect to any such matters relating to your access or use of this website and/or its products.
INFORMATION DISCLOSURE

You may not disclose any order information including, but not limited to, Order ID, download link, etc.
Our company reserves the right to change or modify the terms and conditions without prior notice.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of Foxy Vine Design must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Legal

Foxy Vine Design expects that its customers will abide by all of our rules and all applicable laws. A subscriber’s failure to comply with those laws will violate Foxy Vine Design policy. Finally, Foxy Vine Design wishes to emphasize that in signing the service agreement, subscribers indemnify Foxy Vine Design for any violation of the service agreement, law, or Foxy Vine Design policy, that results in loss to Foxy Vine Design or the bringing of any claim against Foxy Vine Design by any third-party. This means that if Foxy Vine Design is sued because of a subscriber’s or customer of a subscriber’s activity, the subscriber will pay any damages awarded against Foxy Vine Design, plus costs and reasonable attorneys’ fees.

Services Changes

Foxy Vine Design reserves the right to change prices, policies, and configuration of any and all accounts when deemed necessary. Any violations of these policies represent a breach of your contract with us, and your account will be removed from our system without warning.[:]