Impact Hosting LLC (dba fusedhosting.net) agrees to furnish services to the Client, subject to the following Terms of Service. Use of fusedhosting.net service constitutes acceptance and agreement to fusedhosting.net Terms of Service. These guidelines are imposed to protect you, other fusedhosting.net customers and us against such harm.
All provisions of this contract are subject to the Terms of Service of fusedhosting.net. The Terms of Service may be changed from time to time at the discretion of fusedhosting.net. Change to the Terms of Service by the Company shall not be grounds for early contract termination or non-payment.
Payment Policies, Fees, Refunds and Terms of Agreement
Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. fusedhosting.net will have no obligation to send bills or invoices by postal mail or fax. Payment is due in advance of service and will be monthly, quarterly, semi-annually or annually as determined by the payment and hosting plan that you select. Billing will continue until you cancel your hosting account. fusedhosting.net reserves the right to change available products, service plans and pricing any time without notice. Except for the 30 Day Money Back Guarantee, Fused Hosting does not providecredits or refunds.
30 Day Money Back Guarantee
If you are dissatisfied with the service or performance of fusedhosting.net during your first 30 days as a client, e-mail billing@fusedhosting.net and request to cancel. We will provide a refund within 30 days by the same method you made your original payment. We will ask you to provide a reason so that we can improve our performance. Dedicated Server Plans, Domain Registration and certain other licensed products are not eligible for this guarantee.
Account Cancellation
You may cancel at anytime. Cancellation of monthly hosting requires a 30-day notice via e-mail to billing@fusedhosting.net or postal letter to Fused Hosting, PO Box 8077, Mansfield, OH 44907. It is your responsibility to secure e-mail confirmation from fusedhosting.net that your account has been canceled. If you have not yet received e-mail confirmation of account cancellation, then the account remains active, and you will continue to be invoiced.
There is no cancellation fee. All fees paid for service up to the end of the current billing period are non-refundable. Pre-paid services, hosting, and Domain Registrations are NON-REFUNDABLE.
If you have a balance due at the time of cancellation, this balance must be paid in full. Cancellation does not absolve you of any outstanding financial obligations. If you are cancelled by fusedhosting.net due to restrictions violation, there will be no refund.
Chargebacks & Reversals
In the event Subscriber issues a chargeback or reversal of charges without first following the above cancellation procedures, the Subscriber will be responsable for a $50.00 USD service fee.
Indemnification Policy
You agree to use all fusedhosting.net services and facilities at your own risk. fusedhosting.net specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall fusedhosting.net be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold fusedhosting.net harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against fusedhosting.net, 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, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless fusedhosting.net against liabilities arising out of:
1. Injury to person or property caused by any products sold or otherwise distributed in a Impact Hosting server;
2. Material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. Copyright infringement and
4. Defective products sold to customer from an fusedhosting.net server.
SPAM Policy
fusedhosting.net is committed to a zero-tolerance regarding SPAM. Under this policy, we prohibit Spam, or any unsolicited commercial e-mail, from being sent over the fusedhosting.net network by customers or any other users of the fusedhosting.net network (including customers of customers of fusedhosting.net).
We react quickly and seriously to violations, and we further reserve the right to terminate the services, without prior notice, of any customer disregarding this policy. Sending unsolicited commercial e-mail (spam), cross-posting messages to a large number of message groups, posting obscene or threatening messages while using or referring to an fusedhosting.net e-mail address or web site URL are prohibited. The use of fusedhosting.net servers as a mail drop for responses to activities described above is also prohibited.
In addition to any direct costs incurred by fusedhosting.net due to violations of this policy, the offending party will be liable for an additional service fee of up to $500 per occurrence.
If you have any complaints or comments regarding Spam on our network, please direct them via e-mail to support@fusedhosting.net.
Content Policy
All services provided by fusedhosting.net may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any law of the United States is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless fusedhosting.net from any claims resulting from the use of the service which damages the subscriber or any other party.
Pornography and sex-related merchandising is prohibited on all fusedhosting.net servers. This includes sites that may infer sexual content, or links to adult content elsewhere. fusedhosting.net will be the sole arbiter in determining violations of this provision.
Also prohibited are sites that promote any illegal activity or present content that may be damaging to fusedhosting.net servers or any other server on the Internet. Links to such materials are also prohibited.
Examples of unacceptable content or links include, but are not limited to:
· Pirated software
· Hacker programs or archives
· Warez sites
· Illegal MP3's
· Child Pornography
Any illegal activity, including adult content, links to adult content web sites, spamming or hacking may result in your site being suspended without warning. fusedhosting.net will be the sole arbiter as to what constitutes a violation of this provision.
E-mail Policy
fusedhosting.net may not be the source, intermediary, or destination address involved in the transmission of any unsolicited e-mail, e-mail bombs, hate e-mail, or any mass e-mail. Your e-mail account may not be referenced as originator, intermediary, or reply-to address of such e-mail. We consider mass e-mail any e-mail message sent to more than 200 e-mail addresses or more than 20 news groups.
Refusal or Termination of Service
fusedhosting.net reserves the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any Client for any reason not prohibited by law.
Any deliberate attempt to cause damage to fusedhosting.net or any other Internet servers may result in immediate account deactivation without prior notice. No refund is given in this case.
Backups
Full backups are made weekly. 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 clients' responsibility to maintain local copies of their web content and any information. The "Backup Manager" is included in each hosting plan the Client can use this tool to back up their.
If loss of data occurs due to an error of fusedhosting.net, we will attempt to recover the date for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, fusedhosting.net will attempt to recover the data from the most recent archive for a $100.00 fee.
Limitation of Liability
The use of web-hosting services provided by fusedhosting.net is at your own risk.
ALL SERVICES OF fusedhosting.net ARE "AS IS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED, IMPLIED, CONSTRUCTIVE, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. fusedhosting.net MAKES NO GUARANTEE OF AVAILABILITY OF SERVICE AND RESERVES THE RIGHT TO CHANGE, WITHDRAW, SUSPEND, OR DISCONTINUE ANY FUNCTIONALITY OR FEATURE.
In no event will fusedhosting.net be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use fusedhosting.net's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion, defect; delay in operation or transmission, deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of; or use of any record.
The formation, construction and interpretation of this agreement shall be controlled by the laws of the State of Ohio, United States. Any dispute relating to this agreement shall be subject to the exclusive jurisdiction of any court in Richland County, Ohio, and the parties agree to submit to the personal and exclusive jurisdiction and venue of these courts.
fusedhosting.net reserves the right to change or amend these Terms of Service at any time without prior notice. By submitting your order to fusedhosting.net or by making continued payments to fusedhosting.net, you signify your understanding and agreement.