Fresh Take

Last updated: 2025

By accessing or using this website (the “Site”), you (“User” or “Recipient”) agree to these Terms of Use in full. If you do not agree, do not proceed & unsubscribe.

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1. Parties

• User/Recipient: Any person who accesses the Site or receives an email sent via the Customer’s use of the website, domain, ip address, server, or email service.

• Infrastructure Provider: The entity that owns the domain, server, ip address, and email service (mailboxes/smtp) through which the Site and emails are delivered.

• Customer: The third-party who leases the Infrastructure Provider’s resources and services (domain, ip address, server, email service) to host content or send emails.

2. Acceptance of Terms

Accessing or browsing the Site constitutes your agreement to all terms herein, whether or not you identify yourself or register.

3. No Liability of Infrastructure Provider

The Infrastructure Provider shall not be responsible or liable for:

• Any action, communication, or content that the Customer posts, hosts, emails, sends, or otherwise transmits using the Infrastructure Provider’s domain, server, IP address, or email services.

• Any lawful or unlawful use or misuse of the Infrastructure Provider’s resources by the Customer.

• Any claims, losses, damages, or expenses arising from reliance on content delivered via the Infrastructure Provider’s resources.

The Infrastructure Provider operates solely as a neutral technical host of network and server resources, comparable to an Internet Service Provider (ISP) or hosting provider. The Infrastructure Provider does not create, review, monitor, edit, or control any emails, messages, or content transmitted by the Customer. All messages and content are the sole responsibility of the Customer. The Infrastructure Provider acts only as a passive conduit for data transmission and assumes no responsibility or liability for the substance, legality, or consequences of any communication initiated by the Customer.

For the avoidance of doubt, any emails or messages you receive using this domain are initiated and controlled solely by the Customer. The Infrastructure Provider is not the “sender” or “marketer” of such communications.

4. Customer Liability

The Customer is solely responsible for:

• The legality, accuracy, and appropriateness of all actions it takes using the Infrastructure Provider’s resources and services.

• Compliance with all applicable laws and regulations (e.g., anti-spam, privacy, export controls).

• Any claims or disputes arising from its use of the Infrastructure Provider’s resources and services.

• Customer represents and warrants that it will not use the Infrastructure Provider’s resources for spam, fraudulent, or unlawful purposes.

5. Direct Communication

If you interact with or respond to any content or emails delivered via this Site, you acknowledge that your relationship and any communications shall be directly with the Customer, not with the Infrastructure Provider.

6. Use at Your Own Risk

All operations performed using this Site—including browsing, data uploads/downloads, and email delivery—are at your sole risk. You assume full responsibility for compliance with applicable laws.

7. Report Abuse

If you receive any email you believe is spam or otherwise abusive, you may submit a report via our Report Abuse form. You may also request Customer contact information; any disclosure of such information shall be at the sole discretion of the Infrastructure Provider and only where legally permissible and, in our discretion, necessary to process abuse reports, protect services, or comply with applicable law.

8. Indemnification

The Customer agrees to defend, indemnify, and hold harmless the Infrastructure Provider, its affiliates, officers, directors, employees, and agents from and against any and all claims, actions, liabilities, losses, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:

• the Customer’s use of the Infrastructure Provider’s domain, IP addresses, servers, or email services;
• any communication, email, or content transmitted by the Customer; or
• any violation of these Terms or of applicable laws or regulations by the Customer.

This indemnification obligation shall survive any suspension or termination of the Customer’s access to the Infrastructure Provider’s services.

9. Disclaimers

• The Site and any email delivery are provided “AS IS” and “AS AVAILABLE,” without warranty of any kind.

• The Infrastructure Provider makes no guarantee as to uptime, deliverability, or accuracy of any content or service.

10. Termination

The Infrastructure Provider may suspend or terminate access to the site, servers, IP addresses, domain, DNS, or email services at any time, with or without notice, and without liability. Any such suspension or termination shall not affect the Customer’s obligations under the Terms of Service accepted on the Infrastructure Provider’s primary business website, all of which shall remain in full force and effect.

11. Governing Law & Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the jurisdiction in which the Infrastructure Provider is legally registered and conducts its business, to the exclusion of any conflicting laws of other jurisdictions. Any dispute, claim, or proceeding arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of that same jurisdiction.

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By continuing, you acknowledge that you have read, understood, and unconditionally accepted these Terms of Use.

Last updated: 2025

This Privacy Policy describes how information is collected, used, shared, and protected when you (“User” or “Recipient”) visit or interact with this website, server, ip address, or email resources (the “Service”), or receive emails sent via the Customer’s use of the Service. The term Infrastructure Provider refers to the entity that owns the domain, server, ip address, and smtp resources. The term Customer refers to the third party that leases and actually uses the Service to host content, operate a website, or send permission based emails.

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1. Information We Collect

1.1. Automatically Collected Data

• Server Logs: IP address, timestamp, request URL, user agent, referrer.

• Email Data: smtp transaction logs (delivery status, bounces, complaint reports).

• Cookies & Tracking: Anonymous analytics data (page views, session duration).

1.2. User-Provided Data

• Form Submissions: Data you actively enter via unsubscribe, Report Abuse, or contact forms (e.g., your email address, message content).

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2. How We Use Your Information

• Operate the Service: Maintain uptime, troubleshoot issues, and deliver emails.

• Security & Abuse Prevention: Detect and prevent spam, fraud, or malicious activity.

• Analytics & Improvement: Understand usage patterns to enhance performance.

• Abuse Investigation: Process abuse reports and, where legally permissible and in our discretion, disclose Customer contact details when necessary to process abuse reports, protect services, or comply with applicable law.

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3. Sharing & Disclosure

• With Customers: We forward unsubscribe and abuse-report data to the Customer responsible for that domain or email.

• Service Providers: Third-party vendors (hosting, analytics, security) may process data under confidentiality obligations.

• Legal & Government Requests: We may disclose User/Recipient data to law enforcement, regulatory bodies, or government agencies when required by law or at the Infrastructure Provider’s discretion.

• Legal Obligations: We may disclose Customer contact details and User/Recipient data where legally permissible and, in our discretion, necessary to comply with applicable law, respond to valid legal requests, protect services, or process abuse reports.

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4. Customer Control & Liability

• Data Practices: The Customer is solely responsible for any personal data collected via their site content or emails.

• No Provider Responsibility: We are not liable for the Customer’s handling, storage, or use of personal data.

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5. Cookies & Opt-Out

• You may disable cookies in your browser, but some Site functions or forms may not work properly.

• To unsubscribe from Customer-sent emails, use the link in the message or submit an unsubscribe form on this website.

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6. Data Retention

All data retention periods are determined at the sole discretion of the Infrastructure Provider and may be adjusted as needed:

• Infrastructure Logs: Retained for up to 90 days, or longer if required for security, legal, or operational purposes.

• Form Data: Retained until request fulfillment or for a period required by law.

• Abuse Reports: Retained for investigation purposes, typically up to one year (or longer if chosen).

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7. Your Rights

Depending on your jurisdiction, you may have the right to:

• Access or Correct your personal data held by us.

• Request Deletion of your data, subject to legal retention requirements.

• Opt-Out of analytics cookies via your browser settings.

To exercise these rights, please submit a request via our Report Abuse form or contact us directly.

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8. Children’s Privacy

The Service is not intended for children under 16. We do not knowingly collect data from minors. If you believe we have, please contact us for deletion.

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9. Security

We implement industry-standard measures to protect data; however, no system is foolproof. Use and access the Service at your own risk.

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10. Changes to This Policy

We may update this Privacy Policy at any time by posting the revised version with a new “Last updated” date. Continued use of the Service after changes constitutes acceptance.

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11. Contact & Abuse Reporting

To report abuse or privacy concerns, or to request data access or deletion, please use our Report Abuse form. Any disclosure of Customer information is at the sole discretion of the Infrastructure Provider and subject to applicable law.

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