Acceptable Usage Policy

Acceptable Usage Policy

Acceptable Usage Policy

This AUP governs the use of all the hosting services, hosting solutions, cloud services, and other offerings (the “Services”) made available by Fusion Arc Hosting (Fusion Arc Telecom LLC) and its suppliers and affiliates (“Fusion Arc Hosting”). This AUP is an integral part of your agreement with Fusion Arc Hosting and is incorporated by reference into the terms pursuant to which Fusion Arc Hosting provides you the right to access or use the Services. Access to or use of the Services constitutes your acceptance of this AUP. Fusion Arc Hosting reserves the right to alter this AUP at any time and such modifications shall become immediately effective upon posting the modified AUP or by notification to you of the modified AUP. You shall use Fusion Arc Hosting services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of The United Kingdom, Canada, United States and other countries is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless Fusion Arc Hosting and Fusion Arc Telecom LLC. Co from any claims resulting from the use of the service which damages you or any other party.

General Statement:
The purpose of this AUP is to set forth guidelines for the expected conduct of users of the Services and the types of actions and content that are contrary to Fusion Arc Hosting’s mission and philosophies. This AUP is intended to protect the Services, employees and customers of Fusion Arc Hosting, and end users from improper, inappropriate, abusive or illegal activity. Fusion Arc Hosting may suspend or terminate your right to access and use the Services if, in its sole determination, it believes you have violated this AUP.

Fusion Arc Hosting reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether Fusion Arc Hosting is the appropriate service provider for you. The following is prohibited:

Child Pornography – Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
CPU/Memory/Resource Abuse – Consuming Excessive Amount of Server Resources Causing Server Performance Issues
DoS Source – Source of Denial of Service Attack
DoS Target – Target of Denial of Service Attack
Forgery – Faking an IP Address, Hostname, E-Mail Address, or Header
Fraud Site – Hosting or Linking to a Website Intended to Deceive the Public
HYIP – Hosting or Linking to a High Yield Investment Program Website
Identity Theft – Hosting, Distributing, or Linking to Stolen Account Identification Information
Infection – Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
IRC – Hosting Internet Relay Chat Server not authorized by Fusion Arc Hosting
Mass Storage – Storing Mass Amounts of Backups, Archives, Videos, etc.
Phishing – Identity Theft by Email Under False Pretense
Proxy Site – Hosting of or linking to an Anonymous Proxy Server
Spam Email – Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
Spam List – Hosting, Distributing, or Linking to Email Address Lists for Spam
Spam Site – A Site Advertised by Spam Email or Spam Web
Spam Ware – Hosting, Distributing, or Linking to Software Designed for Spamming
Spam Web – Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, or Guestbooks
Spamhaus – Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
Terrorist Site – Hosting or Linking to a Site Advocating Terrorism
Toolz – Hosting, Distributing, Linking to or Discussion of Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
Trademark – Hosting, Distributing, or Linking to Trademark Infringed Materials
Video Chatting/Voice Chat Services – Hosting any material related to video and/or voice chat (eg; Camfrog).
Any other material Fusion Arc Hosting judges to be threatening or obscene.

Notification of Violations:
If you become aware of any violation of this AUP by anyone, including your Users, you must immediately notify Fusion Arc Hosting by emailing us at “support@fusionarchosting.com”.

Disclaimer:
Fusion Arc Hosting is under no duty to monitor user’s activities, and Fusion Arc Hosting disclaims any responsibility for any User’s misuse of the Services. Fusion Arc Hosting has no responsibility for any User or other third-party material or information created, stored, maintained, transmitted or accessible on or through the Services, and is not obligated to monitor or exercise any editorial control over such material. In the event that Fusion Arc Hosting becomes aware that any such material violates this AUP and/or exposes Fusion Arc Hosting to civil or criminal liability, Fusion Arc Hosting may, but is not required to, block access to such material. Unless otherwise stated in this AUP, Fusion Arc Hosting disclaims any obligation to any person who has not entered into an agreement with Fusion Arc Hosting for use of the Services.

Consequences of Violations of this AUP:
If Fusion Arc Hosting, in its sole discretion, reasonably believes you or your User violated this AUP, Fusion Arc Hosting may suspend your Services without prior notice, terminate your agreement with Fusion Arc Hosting, and/or block any traffic that it reasonably believes is in violation of this AUP. In addition to any other remedy Fusion Arc Hosting may have, it may charge you its standard hourly rate together with its reasonable legal fees, and the cost of equipment and material needed to investigate, respond to, and remedy any violations of this AUP.

Fusion Arc Hosting’s Rights:
Fusion Arc Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Fusion Arc Hosting in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Fusion Arc Hosting further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Fusion Arc Hosting believes is responsible for such violation. Fusion Arc Hosting may implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit Fusion Arc Hosting’s rights and remedies at law or in equity that may be available.

Fusion Arc Hosting’s Rights:
Fusion Arc Hosting reserves the right at all times to investigate any actual, suspected, or alleged violations of this AUP. You shall reasonably cooperate with Fusion Arc Hosting in investigating and correcting any actual or alleged breach of this AUP by yourself of any User. Fusion Arc Hosting further reserves the right to cooperate with legal authorities and third parties in investigating any alleged violations of this AUP, including disclosing the identity of any User that Fusion Arc Hosting believes is responsible for such violation. Fusion Arc Hosting may implement technical mechanisms to prevent AUP violations. Nothing in this AUP shall limit Fusion Arc Hosting’s rights and remedies at law or in equity that may be available.

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