Fusion-Hosts TERMS OF SERVICE AGREEMENT
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This Terms of Service Agreement (TOS) is a formal and legally binding agreement between Fusion-Hosts  (we, us, company) and You, the service user (you, Subscriber). Use of our service constitutes acceptance and agreement to the TOS in full.

Contents:
I)  Specific Violations of the TOS
II)  Security
III)  Payment Policy
IV)  General Operations
V)  Violation Reporting
VI)  Miscellaneous Provisions
VII)  Privacy Policy
VIII)  Acceptable Use Policy
IX)  Change of Terms Policy

 

You the user and buyer must abide by these rules. Any of rules broken will result in your account being terminated.

IMPORTANT NOTICE:

BEGINNING IMMEDIATELY, anyone hosting websites or services on our Network that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their services immediately removed from our network. If our IPs become listed in any of the various Spam Databases, you will be charged with a $500.00 fee.  If fee is not paid, you will be taken to court and required to pay all lawyer and court fees, and the $500.00 and another $500.00 for the trouble.Your account will not be reactivated until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access your account to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice or refund.

 

I) SPECIFIC VIOLATIONS OF THE TOS

By using our services you agree not to commit any of the following specific violation of the TOS. The following constitute specific violations of the TOS:

Illegal use: Our services may not be used for illegal purposes, or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. If illegal content or usage is found, the account will be suspended and/or terminated. Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber.  Also, you will be fined $100.00 for hosting illegal items on our servers.  If found a second time, you will be fined $1,000.  If not paid, you will be reported to the local authorities and taken to court.  Lawyer fees will be paid by person being charged.

Threats: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property is prohibited.

Harassment: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that harasses another is prohibited.

Fraudulent activity: Use of our service to make fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as "pyramid schemes," "ponzi schemes," and "chain letters" is prohibited This also includes any knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it.

Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. Forging any message header, in part or whole, of any electronic transmission, originating or passing through our service is in violation of the TOS. The use of anonymous remailers or nicknames does not constitute impersonation.

Unsolicited commercial e-mail/Unsolicited bulk e-mail (SPAM): Use of our service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violation of this SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, we will initiate an investigation. During the investigation, we may restrict Subscriber access to the network to prevent further violations. If a Subscriber is found to be in violation of our SPAM policy, we may, at our sole discretion, restrict, suspend or terminate the Subscriber's account. Further, we reserve the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. We will notify law enforcement officials if the violation is believed to be a criminal offense. Anyone using our service to host websites or services that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account(s) immediately suspended. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. First violations of this policy will result in a warning and your account will be reviewed for possible immediate termination. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. A second violation may result in an "Administrative Fee" of $100 and immediate termination of your account.

E-mail/News Bombing: Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending account.

Usenet Abuse/Spamming: We have a zero tolerance policy for the use of our service for the posting of messages or commercial advertisements which violate the rules, regulations, or charter of any newsgroups or mailing list. Commercial messages that are appropriate under the rules of a newsgroup or mailing list or that are solicited by the recipients are permitted.

Unauthorized access: Use of our service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of ours or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending account is subject to immediate termination. You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Copyright or trademark infringement: Use of our service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software is prohibited. This also includes intellectual property rights. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated.

Collection of personal data: Use of the service to collect, or attempt to collect, personal information about third parties without their knowledge or consent is prohibited.

Network disruptions and unfriendly activity: Use of the service for any activity which affects the ability of other people or systems to use our services or the Internet is prohibited. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. This includes, but is not limited to: "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host. It is the Subscriber's responsibility to ensure that their account(s) are configured in a secure manner. A Subscriber may not, through action or inaction, allow others to use their account for illegal or inappropriate actions. A Subscriber may not permit their account, through action or inaction, to be configured in such a way that gives a third party the capability to use their account in an illegal or inappropriate manner. Unauthorized entry and/or use of another company and/or individual's computer system will result in immediate account termination. We will not tolerate any Subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. We reserve the right, to drop the section of IP space involved in Spam or Denial-of-Service complaints if it is clear that the offending activity is causing great harm to parties on the Internet. In particular, if open relays are on your account, or if denial of service attacks are originating from your account. In certain rare cases, we may have to do this before attempting to contact you. If we do this, we will contact you as soon as is feasible.

Distribution of Viruses: Intentional distributions of software or anything that attempts to and/or causes damage, harassment, or annoyance to persons, data, and/or computer systems are prohibited. Such an offense will result in the immediate termination of the offending account.

Inappropriate Use of Software: Use of software or any device that would facilitate a continued connection, i.e. pinging, while using our services could result in suspension of service.

IRC networks: It is forbidden to host IRC (Internet Relay Chat) that is part of or connected to another IRC network or server. Accounts found to be connecting to or part of these networks will be immediately suspended without notice. The account will not be unsuspended until such time that you agree to remove any and all traces of the offending material immediately upon reconnection. Severe violations may result in immediate and permanent removal of the account(s) from our network without notice to the customer. Any user who commits a second violation will be immediately and permanently removed from our network without notice.

Streaming Video and Audio: Streaming Video and Audio is not permitted on our shared servers. If you want to host Streaming content then you can use an external service such as youtube.com or google video. If you need to stream from your server, then please contact sales about a semi-dedicated server, virtual private server, or dedicated server.

Egg drop Scripts: Egg drop scripts/bots and IRC bots of any type are not allowed, these are grounds for immediate account deletion.

Adult Material: Adult Material allowed. If a website is found to contain illegal adult material, the website will be suspended. Sites that engage in gambling are also not permitted. We reserve the right to clarify the definition of Adult Material at any time.

Objectionable Material: You may not use our service to publish material, which we determine, at our sole discretion, to be unlawful, indecent or objectionable. For purposes of this policy, "material" refers to all forms of communications including but not limited to: narrative descriptions, graphics (including photographs, illustrations, images, drawings, and logos), executable programs, video recordings, and audio recordings. If you unsure if your content is objectionable, please contact us before posting it.

 

Chinese Forums: Chinese Forums are not allowed on our network. These sites require too much CPU usage. They typically require a dedicated server to run properly so please contact us if you want to run this and we will match a server to your needs.. If they are found on any shared server we will suspend and/or terminate them.

ANIME: Anime websites are not allowed on our network. If an Anime website is found we will terminate the account. These sites are not allowed on our servers because most of them are illegal, and almost inevitably cause server problems.
The use of services provided by Fusion-Hosts must be for legal purposes only. The following is strictly forbidden on any services provided on our Network:

• Hacks
• Cracks
• Warez
• IRC
• Proxies
• Child Pornography
• Copyrighted Materials (unless written authorization is provided)
• HyIP

Demo Accounts: Due to the potential of a security breach, or malicious activity aimed at our network, control panel demo accounts are not allowed. We recommend linking directly to the control panel maker's website for their demo (for example www.cpanel.net).

Use of our service by minors: Persons under the age of eighteen (18) must have permission from their parent/guardian to use our services. By signing up for our service, you agree that you are over the age of eighteen, OR your parent/guardian has permitted you to do so and has read and agreed to the TOS, and has accepted responsibility for any actions you may take as a minor under their custody.

Data Correction Enforcement: Data Correction Obligates That YOU WILL NOT Store Personal Information Or Files Not Related To Web Servers Or Internet Related Scripts, The User Of SHARED Networks For Game Servers, Incorrect Storage, And High Bandwith Traffic From The Above Will Result In TERMINATION Of Your Contract And Plans With Us WITHOUT A Refund

 

II) SECURITY

By using our services you agree to adopt adequate security measures to prevent or minimize unauthorized use of your account. Your password provides access to your account. It is your responsibility to keep your password secure. Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.

Subscribers will be held responsible for any activity by third parties using their accounts in a way that violates the TOS. You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account.

Subscribers who are resellers are responsible for enforcing the TOS to all of their clients. If their clients are found to be violating the TOS, we will suspend and or/terminate the offending site and let the reseller know. It is advisable that you adopt similar or stricter policies than ours. Our Subscribers may use and/or modify a copy of our TOS for use on their website(s).

Subscribers who sign up for hosting agree to not hold Fusion Hosts responsible in any way, financially or otherwise, in the event of a catastrophic event that results in data loss. Due to the nature of electrical components it is not possible to guarantee anything with regards to data storage. All that can be done is a best-effort approach to managing risk. We include daily backup services for no charge to all shared hosting, semi-dedicated and VPS accounts, and do offer off-site backups as an optional service. But all clients must be ultimately responsible for keeping copies of their own data in the unlikely event of a catastrophe.

 

III) PAYMENT POLICY

By using our services you agree to the following payment policy and instructions.

Billing:  By the Account Activation Date of each month, Fusion Hosts shall either:
(1) debit the client's credit card (when such information has been provided by the client); or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Fusion Hosts by no later than the specified payment due date. Fusion Hosts shall be entitled to immediately suspend this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly
basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Harm to minors: Use of our service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography is prohibited. Violation of this policy will result in immediate termination of your service and a report will be made to law enforcement authorities.
Account Deactivations:  Any account deactivated/suspended for any reason will require a reactivation fee of $10.00 prior to reactivation.

Cancellation Refunds:  We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.

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

Limitation of Liability:  Fusion Hosts shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Fusion Hosts ' servers going off-line or being unavailable for any reason whatsoever. Furthermore, Fusion Hosts 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 Fusion Hosts ' servers. All damages shall be limited to the immediate termination of service.

 

Refunds: We do not offer trial periods or refunds four unused time or pro-rate accounts. Exceptions are often made when upgrading to a new plan. Each person signing up for either Shared or Reseller hosting is given 15 days.  If you request a refund before the 15 days are up, you will get a 100% refund.  If you request a refund after the 15 days, you will be denied.   If you dispute a charge to your credit card issuer or take any action that results in a payment being reversed that, in our sole discretion is a valid charge under the provisions of the TOS, you agree to pay us an "Administrative Fee" of $100.  If the fee is not paid, you will be taken to court, and required to pay lawyer and court fees as well as the $100 "Administrative Fee", plus a $1,000 fee for trouble.

Payment/Subscription: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. We require that all Subscribers use an automatically recurring payment subscription through one of our payment processors (currently PayPal and 2Checkout). Your recurring subscription must remain active at all times for your account to remain activated. If a subscription becomes inactive and/or is cancelled, we will suspend the account and issue a warning to the Subscriber to their email address on file. If the subscription is not rectified within 7-days of the warning we will delete the account from the server. If it is a reseller account we will also delete any domains “under” the primary account. Such termination or denial will not relieve a Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. We may allow some users to purchase our services with a one-time payment or subscription that is not automatically recurring. Any such allowance does not forfeit our right to require any such user to activate a recurring subscription at any time.  We charge a late fee if the invoice is not paid by the second day the invoice has been issues.  The fee is $5.00. Account Deactivations:  Any account deactivated/suspended for any reason will require a reactivation fee of $10.00 prior to reactivation.

 

Cancellation: All cancellations must be made by the subscriber by canceling their recurring subscription. We reserve the right to not comply with verbal or written requests to cancel accounts. It must be done by canceling the subscription with the payment processor. Upon notification that a subscription has been cancelled we will delete the Subscriber’s account from the server. We will not wait until the end of any advertised or perceived billing cycle, and we will not refund any unused portions of any subscription payment. We require that a recurring subscription be active at all times and will therefore delete the account upon termination of the subscription.

Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.

Upgrading: Those who wish to upgrade during their monthly term will get prorated if needed. Those who are running out of resources for their account will be upgraded, and prorated. Those who can wait, will have to wait till their next billing date. Those who do upgrade during the month will be prorated 15% of their bill for 2 weeks left un-used, and 10% for 1 week left un-used.

 

IV) GENERAL OPERATIONS

By using our service you agree to the following policy and limitations pertaining to our services.
Uptime: Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Subscriber agrees that the Company shall not be liable for any damages arising from such causes. In no event shall the Company be liable for any special or consequential damages, loss or injury. The Company guarantees server uptime of 99%. Server uptime is defined as the HTTP process on the server staying in the UP state. If a server has less than 99% uptime per month, a credit may be issued to affected customer of the Company on an individualized basis according to the duration of downtime. Credits are not given to customers of resellers. Individual or reseller accounts that are suspended for any reason or blocked in the firewall do not qualify for credit.

Credit is generally given in the amounts of 95% - 98% uptime =10% discount, 90 - 94%uptime = 25% discount, 80% - 89% uptime = 50% discount, 0% - 79% uptime = 100% discount.

Support Boundaries: We provide technical support to our subscribers. We limit our technical support to our areas of expertise which includes all hardware and software provided by us. We provide support related to your account or virtual site’s physical functionality. We do not offer tech support for application specific issues such as CGI programming, html, or any other such issue. We do not provide technical support for your customers, unless an outsourced support subscription has been purchased. We provide a variety of support information and options to our Subscribers. These support options can be found on the support page of our website.

Abuse of Our Staff or Network Staff: Abuse towards our staff or our network staff will not be tolerated. If you use foul language, threaten us, or do anything we find offensive, we may suspend and/or delete your account. Per our payment policy we offer no refunds.

Internet Protocol (IP) Address Ownership: If we assign a Subscriber an IP address for the Subscriber's use, the right to use that IP address shall belong only to us, and Subscriber shall have no right to use that IP address except as permitted by us in our sole discretion in connection with the services. We shall maintain and control ownership of all IP numbers and addresses that may be assigned to Subscriber by us, and we reserve the right to change or remove any and all such IP numbers and addresses, in our sole and absolute discretion. Our allocation of IP addresses is limited by the policies set forth by ARIN (American Registry for Internet Numbers). These policies state that use of IP addresses for IP-based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.

Bandwidth and Disk Usage: Subscriber agrees that bandwidth and disk usage shall not exceed the quota for the services ordered by Subscriber on the order form (the "Agreed Usage"). We will monitor Subscriber's bandwidth and disk usage. We have the right to take corrective action if Subscriber's bandwidth or disk usage exceeds the Agreed Usage in our sole discretion. Such corrective action may include the assessment of additional charges, or disconnection or discontinuance of the service. If we take any corrective action under this section, Subscriber shall not be entitled to a refund of any fees paid in advance prior to such action. 

V) VIOLATION PROCEDURES

By using our services you understand and agree with the following procedures and policies.

We are under no duty to look at each Subscriber's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

First violation: Any Subscriber, which we determine to have violated any element of the TOS, shall receive an email, warning them of the violation. The service may be subject at our discretion to a temporary suspension pending a Subscriber's agreement in writing, to refrain from any further violations.

Second Violation: Subscribers that we determine to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation: We reserve the right to suspend network access to any Subscriber if in the judgment of the network administrators the customer's account is the source or target of the violation of the TOS or for any other reason which we choose. If inappropriate activity is detected, all accounts of the Subscriber in question will be deactivated until an investigation is completed. Prior notification to the Subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity.

 

VI) MISCELLANEOUS PROVISIONS

Indemnification: In agreeing to the TOS, Subscriber indemnifies us for any violation of the TOS that results in loss to us or the bringing of any claim against us by any third-party. This means that if we are sued because of a Subscriber's or a customer of a Subscriber's activity, the Subscriber will pay any damages awarded against us, plus all costs and attorney's fees.

Contact Information: You must provide us with, and keep current, good contact information for yourself including an E-mail address and telephone number. If we fail to communicate any information to you due to a non-current, inoperative, or incorrect email address you are still responsible and accountable for any such information we attempted to communicate.

Waiver: A waiver by the Company of any breach of any provision of the TOS by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

Assignment: Subscriber shall not transfer or assign the TOS without the prior written consent of the Company. Company may assign the TOS at anytime without consent from or notice to Subscriber. Company reserves the right to cancel Subscriber’s rights under this contract at any time without further obligation.

3rd Party Disclaimer: We take no responsibility for any material input by others and not posted to our website by us. We are not responsible for the content of any other websites linked to us; links are provided as Internet navigation tools only. We disclaim any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

Disclaimer of warranties: We are not responsible for any damages your business may suffer. We do not make implied or written warranties for any of our services. We deny any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by us.

3rd Party Software and Services: We may provide you access to third party software and/or services ("Third Party Products ") through reseller relationships we have established with certain commercial vendors. Subscriber understands that product support for Third Party Products is provided by us and not by the Third Party Vendor, unless otherwise notified. Neither us nor any Third Party Vendor makes any representations or warranties, express or implied, regarding any Third Party Products. Subscriber expressly acknowledges and agrees that use of third party products is at customer's sole risk and such third party products are provided "as is" and without representation or warranty of any kind from us or any third party vendor, including without limitation, any implied warranty of merchantability, fitness for a particular purpose, accuracy or completeness of responses or results, correspondence to description, or non-infringement of third party rights. To the maximum extent permitted by applicable law, neither we nor any third party vendor will be legally responsible for any damages, whether direct, indirect, or consequential, arising from the use or inability to use any third party product. Subscriber agrees to observe the terms of any license and/or applicable end-user subscriber agreement for third party products and that customer shall be fully liable to third party vendors and us with respect to any improper use of such third party products or violation of license agreements with them and/or applicable end user subscriber agreements. Subscriber agrees not to remove, modify or obscure any copyright, trademark or other proprietary rights notices that appear on Third Party Products or that appear during the use of Third Party Products. Subscriber further agrees not to reverse engineer, decompile, or disassemble the Third Party Products.

Revisions to the TOS: We reserve the right to revise, amend, or modify the TOS at any time and in any manner. In such case the amended or revised TOS will be posted to our website. Subscriber understands that changes to the TOS shall not be grounds for early contract termination or non-payment.

Location and Severability: The TOS shall be construed in all respects in accordance with the laws of the State of Illinois. If any part of the TOS is found to be invalid or unenforceable by law, the remainder of the TOS will remain enforceable and in full effect.

 

VII) Privacy Policy

Information provided to us in terms of domains, hostnames, client names, client address and any other information you submit to us, will not be visible to anyone outside of the Fusion-Hosts Network and management team, and will not be sold or shared to anyone outside of that group unless forced to do so by way of High Court Notice or Warrant.

VIII) Acceptable Use Policy

As a provider of web site hosting and other Internet-related services, Fusion Hosts offers its customer (also known as "Subscribers") and their customers and users the means to acquire and disseminate a wealth of public, private, commercial and non-commercial information. Fusion Hosts respects that the Internet provides a forum for free and open discussion and dissemination of information. However, when there are competing interests at issue, Fusion Hosts reserves the right to take certain preventive or corrective actions. In order to protect these competing interests, Fusion Hosts has developed an Acceptable Use Policy ("AUP"), which supplements and explains certain terms of each customer's respective service agreement, and is intended as a guide to the customer's rights and obligations when using Fusion Hosts' services. This AUP will be revised
from time to time.

One important aspect of the Internet is that no one party owns or controls it. This fact accounts for much of the Internet's openness and value, but it also places a high premium on the judgment and responsibility of those who use it, both in the information they acquire and in the information they disseminate to others. When subscribers obtain information through the Internet, they must keep in mind that Fusion Hosts cannot monitor, verify, warrant or vouch for the accuracy and quality of the information they acquire. For this reason, the subscriber must exercise his or her best judgment in relying on information obtained from the Internet, and also should be aware that some material posted to the Internet may be sexually explicit or otherwise offensive. Because Fusion Hosts cannot monitor or censor the Internet, and will not attempt to do so, Fusion Hosts cannot accept any responsibility for injury to its subscribers resulting from inaccurate, unsuitable, offensive or illegal Internet communications. When subscribers disseminate information from the Internet, they must keep in mind that Fusion Hosts does not review, edit, censor or take responsibility for any information its subscribers may create. When users place information on the Internet, they have the same liability as other authors for copyright infringement, defamation and other harmful speech. Also, because the information created is carried over Fusion Hosts' network and may reach a large number of people, including both subscribers and non-subscribers of Fusion Hosts, subscribers' postings to the Internet may affect other subscribers and may affect Fusion Hosts' goodwill, business, reputation or operations. For these reasons, subscribers violate Fusion Hosts policy and the Service Agreement when they, their customers, affiliates or subsidiaries engage in the following prohibited activities:

Spamming:  
Sending unsolicited bulk and/or commercial information over the Internet. It is not only harmful because of its negative impact on consumer attitudes toward Fusion Hosts, but also because it can overload Fusion Hosts' network and disrupt service to Fusion Hosts' subscribers. Also, maintaining an open SMTP relay is prohibited. When a complaint is received, Fusion Hosts will investigate and shutdown the account that is Spaming. A $250 charge for violating this policy will be charged to the person initiating the SPAM. Furthermore Fusion Hosts reserves the right to prosecute for this violation. A $5.00 charge will be assessed PER EMAIL sent should Fusion Hosts choose to pursue and prosecute.

Audio/Video Streaming:  
Audio/Video Streaming is not hosting friendly. As such, Fusion Hosts does not allow any streaming of audio or video content. Offending accounts will be suspended without noticed or terminated.

Adult-Oriented Content:
Fusion Hosts does not allow illegal adult content and will suspend/terminate any offending account.

Large File Policy:
Fusion Hosts is not for file hosting and distribution - as such, customers may not host any files larger than 50MB in size that are observed to be available for the sole purpose of download. Such files include but are not limited to .ISO, audio/video files, .EXE files. If you are unsure whether your file is against this policy, please submit a ticket to our Customer Questions department.

Obscene Speech or Materials:
Using Fusion Hosts' network to advertise, transmit, store, post, display, or otherwise make available child pornography or obscene speech or material is prohibited. Fusion Hosts is required by law to notify law enforcement agencies when it becomes aware of the presence of child pornography on or being transmitted through its network.

Defamatory or Abusive Language:
Using Fusion Hosts' network as a means to transmit or post negative, defamatory, harassing, abusive or threatening language.

Forging of Headers:
Forging or misrepresenting message headers, whether in whole or in part, to mask the originator of the message.

Illegal or Unauthorized Access to Other Computers or Networks:
Accessing, illegally or without authorization, computers, accounts or networks belonging to another party, or attempting to penetrate security measures of another individual's system (often known as "hacking"). Also, any activity that may be used as a precursor to an attempted system penetration (i.e., port scan, stealth scan or other information-gathering
activity).

Distribution of Internet Viruses, Worms, Trojan Horses or Other

Destructive Activities:
Distributing information regarding the creation of and sending Internet viruses, worms, Trojan horses, pinging, flooding, mail bombing or denial of service attacks. Also, activities that disrupt the use of or interfere with the ability of others to effectively use the network or any connected network, system, service or equipment.

Facilitation a Violation of this AUP:
Advertising, transmitting or otherwise making available any software, program, product or service that is designed to violate this AUP, which includes the facilitation of the means to spam, initiation of pinging, flooding, mail bombing, denial of service attacks and piracy of software.

Export Control Violations:
Exporting encryption software over the Internet or otherwise, to points outside the United States.

Usenet Groups:
Fusion Hosts reserves the right not to accept postings from newsgroups
where we have actual knowledge that the content of the newsgroup violates
the AUP.

Other Illegal Activities:
Engaging in activities that are determined to be illegal, including, but
not limited to, advertising, transmitting or otherwise making available
ponzi schemes, pyramid schemes, fraudulently charging credit cards and
pirating software.

Other Activities:
Engaging in activities, whether lawful or unlawful, that Fusion Hosts
determines to be harmful to its subscribers, operations, reputation, goodwill
or customer relations.

As we have pointed out, the responsibility for avoiding harmful activities
just described rests primarily with the subscriber. Fusion Hosts will
not, as an ordinary practice, monitor the communications of its subscribers
to ensure that they comply with Fusion Hosts' policy or applicable law.
However, when Fusion Hosts becomes aware of harmful activities, it may
take any action to stop the harmful activity, including, but not limited
to, removal of information, shutting down a web site, implementing screening
software designed to block offending transmissions, denying access to
the Internet, or any other action deemed appropriate by Fusion Hosts.

Fusion Hosts is also aware that many of its subscribers are themselves
providers of Internet services, and that information reaching Fusion Hosts'
facilities from those subscribers may have originated from a customer
of the subscriber or from another third party. Fusion Hosts does not
require its subscribers who offer Internet services to monitor or censor
transmissions or web sites created by customers of its subscribers. Fusion Hosts
reserves the right to directly take action against a customer of its subscribers.
Also, Fusion Hosts may take action against the Fusion Hosts' subscriber
because of activities of a customer of the subscriber, even though the
action may affect other customers of the subscriber. Similarly, Fusion Hosts
anticipates that subscribers who offer Internet services will cooperate
with Fusion Hosts in any corrective or preventive action that Fusion Hosts
deems necessary. Failure to cooperate with such corrective or preventive
measures is a violation of Fusion Hosts policy.

Fusion Hosts will not intentionally monitor private electronic mail
messages sent or receive by its subscribers, unless required to do so
by law, governmental authority or when public safety is at stake. Fusion Hosts
may, however, monitor its service electronically to determine that its
facilities are operating satisfactorily. Also, Fusion Hosts may disclose
information, including, but not limited to, information concerning a subscriber,
a transmission made using our network, or a web site, in order to comply
with a court order, subpoena, summons, discovery request, warrant, statute,
regulation or governmental request. Fusion Hosts assumes not obligation
to inform the subscriber that subscriber information has been provided
and, in some cases, may be prohibited by law from giving such notice.

Finally, Fusion Hosts may disclose subscriber information or information
transmitted over its network where necessary to protect Fusion Hosts
and others from harm, or where such disclosure is necessary to the proper
operation of the system. However, Fusion Hosts will never sell information
to other services or outside companies.

 

CUSTOMER AGREES TO HOLD Fusion-Hosts HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Fusion-Hosts, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO HOLD HARMLESS Fusion-Hosts AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Fusion-Hosts  SERVERS; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; (3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM Fusion-Hosts SERVERS. THIS AGREEMENT CONSULTS THAT ANYBODY THAT PURCHASES HOSTING FROM Fusion-Hosts THAT YOU AGREE TO EVERYTHING ABOVE. WHEN HOSTING IS PURCHASED THE TERMS OF SERVICE DO NOT NEED TO BE PRESENT ON THE SIGNUP AND PAYMENT PAGES.

IX)  CHANGES TO THESE TERMS POLICY:
Fusion-Hosts reserves the right to alter these Terms without any notification.