In addition to the terms of use and all other general provisions and legal agreements as set forth by Refresh Marketing, including but not limited to those within the Master Services Agreement ("MSA"), Terms of Use ("TOU"), Acceptable Use Policy ("AUP"), Privacy Policy, Custom Website Services Agreement ("CWSA"), E-commerce Services Agreement ("ESA"), and Web Hosting Services Agreement ("WHSA") the following terms and conditions shall apply to all purchases of REFRESHMKTG.COM (hereinafter referred to as “REFRESHMKTG.COM” or “Refresh Marketing”) Custom Website Design & Development Services (“Custom Website Services” or “Website” as further defined below) and Custom E-commerce Services ("E-commerce Services" as further defined below).
ACCEPTABLE USE POLICY ("AUP")
Date Last Modified: July 26, 2019
1. Scope
This Acceptable Use Policy (hereinafter referred to as the “Acceptable Use Policy”, the "Policy" and/or the “AUP”) governs the usage of all products and services (collectively, the "Services") offered by Refresh Marketing, LLC. (along with all subsidiaries, affiliates, successors and assigns thereof, referred to hereinafter collectively as “Refreshmktg.com”, “Company”, "we", "our" and/or "us"). This Policy is incorporated by reference into each agreement between Company and each of our customers ("Customer") for the purchase and sale of the Services (the “Service Agreement”). The Service Agreement and other terms and conditions applicable to the Services, as well as additional applicable rules and policies can be found on our website. This Policy is also incorporated by reference into the Terms of Use applicable to our website. We may modify this Policy at any time immediately by posting the modified policy on our website, which will qualify as adequate and complete notice to you.
2. Reason
The Reason for this policy is to create a digital environment where the Company’s customers, as well as their site users and the users of the broader Internet, are protected, to the best of the Company’s ability, from illegal, disruptive, and irresponsible online activities. This Policy applies to visitors of the Refreshmktg.com website, as well as each Customer and its employees, agents, contractors or other users who obtain Services from Company on behalf of the Customer (collectively, "Users"). All users should apply good common sense and judgment when using Refreshmktg.com, purchasing services from Refreshmktg.com, or utilizing products and/or services provided by the Company. It is important to note that our services are only for purchase by those 18 years of age of older. Those under 18 years of age will be required to have a Parent or Guardian purchase any service and supervise their usage. Parents and/or guardians should maintain constant oversight of Internet activities of minors under their care and how they utilize services provided by the Company.
3. Prohibited Uses
Users may not:
(i) utilize the Services to copy material from third parties (including text, graphics, music, videos, or other copyrightable material) without proper authorization;
(ii) utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
(iii) utilize the Services to traffic in pornography, illegal drugs, illegal gambling, obscene materials, or other any products or services that are prohibited under applicable law;
(iv) utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
(v) utilize the Services in any manner that violates any applicable regulation, rule or law
Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
Utilize the Services in connection with any other offensive, disruptive, abusive, or questionable activity. Without limiting the general application of this rule, Users may not:
4. Remedies
If Company learns of or in its reasonable estimation believes there is a violation of this Policy, Company may, in Company's sole discretion, take one or more of the following actions, with or without notice to Customer:
5. Disclaimer
Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any website.
6. Reservation of Rights
Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company's Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes. Any failure by Company to enforce any of its rights under this Policy or any applicable laws shall not constitute a waiver of such right.
REFRESH MARKETING RESERVES THE RIGHT TO AMEND ANY PORTION OF THE INCORPORATED AGREEMENTS WITH OR WITHOUT NOTICE. IT IS THE CUSTOMER'S RESPONSIBILITY TO REVIEW ALL Refresh Marketing POLICIES FREQUENTLY TO ENSURE COMPLIANCE.