Terms & Conditions
Terms & Conditions
The following terms and conditions (these “Terms”) govern the provision by Fusion Arc Hosting of the services and/or products (referred collectively herein as “Services and Products”) described on the Server Order Form, the Service Level Agreement and Service Exhibit attached hereto (collectively the “Service Descriptions”) and defined in any of the Company’s product support listing, to the customer (“Customer”) identified on the Service Descriptions. The Service Descriptions, these Terms and the attachments and any addenda hereto, executed with respect to the Services and Products, are referred to herein, collectively, as this “Agreement”.
Backup and or Data Loss
Your use of our services is at your sole risk. Fusion Arc Hosting doesn’t provide a backup service to the end customer, data, website, or files; except for full backups of our servers in the case of a total system failure or data corruption. Fusion Arc Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Fusion Arc Hosting servers. Backups will not be provided for accounts that have been suspended or terminated for any reason.
Our Uptime SLA Guarantee
Approval of any credit is at the discretion of Fusion Arc Hosting dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache, NGINX, or Litespeed Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact firstname.lastname@example.org with proper justification. All requests must be made in writing via email/ticket. The 99% uptime guarantee only applies to our network SLA and power SLA.
Zero Tolerance Spam Policy
We take a zero-tolerance stance against sending of unsolicited bulk emailing, email, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated or suspended with or without notice. Sites advertised via SPAM (Spamvertised) may not be hosted on our servers or network. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Fusion Arc Hosting reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion to protect Fusion Arc Hosting’s infrastructure, clients, partners, and company. Fusion Arc Hosting reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Fusion Arc Hosting.
Bandwidth Usage Terms
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package or service you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.
Bandwidth/Disk Space Fair Usage Policy
Fusion Arc Hosting has unlimited/unmetered plans. This allows the end user to not worry of a hard limit set on the account and to prevent suspension or termination. The end client must be within the fair usage policy to comply with the terms and conditions. If the end client does not fit within the fair usage policy Fusion Arc Hosting has the right to suspend the customer at any time without notice. Fusion Arc Hosting has a Fair Usage Policy in place to protect our servers and to allow us to provide the best service with reasonable pricing. As all resources are finite (Bandwidth, Disk Space, etc) we must manage them to allow our clients to have the ability and power to grow. Our Fair Usage Policy is sufficient for 99% of our clients. The web hosting and reseller hosting plans are designed for small to medium size business or moderate usage. Fusion Arc Hosting monitors our servers for users who may be abusing the Fair Usage Policy and to notify that we will require the end user to upgrade to a Cloud VPS or Cloud Dedicated server. All customers are expected to comply with the Fair Usage Policy if you are using a web hosting or a reseller hosting plan. If customers do not comply with our Fair Usage Policy Fusion Arc Hosting will apply limits to accounts such as but not limited to (CPU Usage, RAM Usage, Bandwidth, and Disk Space) or we may suspend or terminate the account without notice.
AUTOMATIC RENEWAL. Your subscription to the following service(s) will be automatically renewed as defined below until you cancel. You authorize Fusion Arc Hosting to charge you accordingly unless you cancel via a sales/billing ticket at: Open Billing Ticket no later than 25 days prior to the end of the billing cycle.
Fusion Arc Hosting will automatically renew charges for the following but not limited to the following services:
- Web Hosting Plans – and it’s addons (WHMCS, Dedicated IP’s)
- Reseller Hosting Plans – and it’s addons (WHMCS, Dedicated IP’s)
- VPS Hosting – and it’s addons (WHMCS, Dedicated IP’s)
- Dedicated Hosting – and it’s addons (WHMCS, Dedicated IP’s)
- Domain Renewal
- Domain Registration
Suspended clients are subject to paying all unpaid invoices as Fusion Arc Hosting will still be reserving company server resources (Disk Space, RAM, cPanel Slots, etc.) if any unpaid invoices are due from past months and the end client pays for the latest month our billing system will attempt to automatically charge all unpaid invoices unless we receive a request of cancelation as per mentioned above.
If you have any questions concerning our automatic renewal or refund process you must contact us at email@example.com
Money back Guarantee / Refund Policy
By ordering our services, you agree to adhere to our Refund Policy. Failure to do so will result in suspension and possibly termination.
What is refundable?
- Web Hosting Plans – 30 days after the first payment
- VPS Hosting Plans – 30 days after the first payment
- Dedicated Server Hosting Plans – 30 days after the first payment
What is nonrefundable?
- Domain Name Registration
- Domain Name Transfers
Invoice disputes must be made within (90) days. This is to dispute any charges, invoices, or processed payment by Fusion Arc Hosting. Disputes must be made via our sales/billing department via a sales/billing ticket.
Our services are not bound by any contract and only per the billing cycle requested by our clients. Therefore you can cancel your services from Fusion Arc Hosting at any time. Cancellation requests must be made via a ticket at our sales/billing department stating that the client would like to cancel all services or specific services and must provide the name of the service they want to cancel. A client will be asked to confirm a cancellation request via the same ticket and the client must confirm with ““Yes I would like to terminate”
You will be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation request and Fusion Arc Hosting may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request via sales/billing ticket and have confirmed all necessary information with you via email, we will inform you in writing via the same ticket that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. We require all cancellations to be done through a sales/billing ticket in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
If you have any questions regarding this any member of our sales/billing department are ready and able to assist you.
To our Resellers: Client Responsibility
Resellers are responsible for supporting their clients. Fusion Arc Hosting does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Fusion Arc Hosting will hold any reseller responsible for any of their clients actions that violate the law or the terms of service. A $15 administrative charge may be applied to unsuspend a Reseller account if there is abuse under account.
We may act without notice if:
- A reseller’s client or owner of a domain, website, business contacts us wanting to transfer the cPanel, domain, or data of the cPanel should the reseller not be responding to the request. Fusion Arc Hosting will add notes to the cPanel if a technician places the cPanel under Fusion Arc Hosting (Protection Mode)
- A government agency contacts us with proof that the cPanel or entire reseller account should be suspended or terminated as it is in violation of our “Acceptable Usage Policy” or our “Terms of Service”.
Customer agrees that it shall defend, indemnify, save and hold Fusion Arc Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Fusion Arc Hosting, 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 Fusion Arc Hosting against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Fusion Arc Hosting; (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 customers from Fusion Arc Hosting server.
Prohibition of Offensive Behavior
Racist, intolerant, “hate”, defamatory, “stalking”, invitations to fight, threatening or any communication of any nature that we decide, in our sole discretion, as being improper, will result in service termination without prior notice. Subscribers may not make comments on online social networking, blogs, forums or any online media websites, that we deem to be improper, unfair or discourteous to the effort made by Fusion Arc Hosting employees. Your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
Fusion Arc Hosting shall not be responsible for any damages your business may suffer. Fusion Arc Hosting makes no warranties of any kind, expressed or implied for services we provide. Fusion Arc Hosting disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Fusion Arc Hosting and its employees.
Acceptable Usage Policy
By ordering our services, you automatically agree to adhere to our Acceptable Use Policy. Failure to do so will result in suspension and possibly termination.
If your services at Fusion Arc Hosting get suspended for any reason deemed inappropriate by Fusion Arc Hosting or if the TOS has been violated. A un-suspension fee of $5 may be charged at our discretion to the affected account in order to unsuspend it.
Fusion Arc Hosting reserves the right to deny any domain transfers that have been placed in the first 90 days of purchase. Fusion Arc Hosting will only allow transfers after 90 days of purchase.
Changes to the Terms of Service
Fusion Arc Hosting reserves the right to revise its policies at any time without notice.
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