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”. By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
Use of the Services is also governed by the following policies and agreements, which are incorporated by reference into this Agreement and form one in the same. By using the Services, you also agree to the terms of the following policies.
Note: Additional terms may also apply to certain Services we provide and are incorporated by reference herein as applicable. As an example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
By registering for or using the Services, you represent and warrant that: You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of, or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement. Unauthorized users will get their account and all services under the account terminated without notice.
If you use the Services on behalf of a legal entity or another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
The responsibility is yours to provide accurate, up-to-date, truthful, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct, and complete at all times. Fusion Arc Telecom LLC and its subsidiary Fusion Arc Hosting is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email or update your contact information through the Fusion Arc Telecom LLC and its subsidiary Fusion Arc Hosting Billing and Support System. Providing false contact information of any kind may result in the termination of your account without notice. In dedicated server, cloud dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied or if the order is auto-provisioned it may be terminated without notice.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package, cloud dedicated server, cloud VPS server, or other services may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
Our Migrations Department, Support Team, or Transfers Team will make every effort to help you move your website or files to us. Transfers are provided as a courtesy service. We must be able to obtain a FULL cPanel backup from your current host and the compressed account size shall not exceed 1 GB unless otherwise stated by a Fusion Arc Hosting representative. We reserve the right to discontinue or modify our transfer policy at any time. Data Transfers are not guaranteed it is up to the end client to check for any missing data before the termination of the original source.
We cannot and do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases, we may not be able to assist you in the transfer of data from an old host. Where offered, the free transfer service is available for thirty (30) days from your sign up date unless otherwise authorized by a Fusion Arc Hosting representative.
Transfers outside of the thirty (30) day period may incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Fusion Arc Telecom LLC nor Fusion Arc Hosting be held liable for any lost or missing data or files resulting from a transfer to or from Fusion Arc Hosting. You are solely responsible for backing up your data in all circumstances.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Fusion Arc Hosting Content"), are the proprietary property of Fusion Arc Hosting or Fusion Arc Hosting's licensors. Fusion Arc Hosting Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive source code or other trade secrets from any Fusion Arc Hosting Content. Any use of Fusion Arc Hosting Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Fusion Arc Hosting Content. All rights to use Fusion Arc Hosting Content that are not expressly granted in this Agreement are reserved by Fusion Arc Hosting and Fusion Arc Hosting's licensors.
You may be able to upload, store, publish, display and distribute information, text, photos, videos, and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Fusion Arc Hosting that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Users are not authorized to use your /home/directory as a location to place backups. Including cPanel/WHM/Third Party applications. All websites are automatically backed-up weekly in third party locations, systems, or locations. If you would like to conduct your own backups you MUST purchase a Backup addon for our VPS Servers, Cloud Dedicated Servers. If you are under any of our shared hosting services like web hosting, reseller hosting, or other shared solutions you must use a third party backup solution or purchase an add on backup solution directly purchased from Fusion Arc Hosting using Codegaurd or another of our partners. We Fusion Arc Hosting reserves the right to remove any files that violate this policy under our sole discretion. User's that violate this policy are subject to immediate suspension and/or termination.
Solely for purposes of providing the Services, you hereby grant to Fusion Arc Telecom LLC (Fusion Arc Hosting) a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Fusion Arc Hosting does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Fusion Arc Hosting exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Fusion Arc Hosting's computers, network hubs and points of presence or the Internet. Fusion Arc Hosting does not monitor User Content. However, you acknowledge and agree that Fusion Arc Hosting may, but is not obligated to, immediately take any corrective action in Fusion Arc Hosting's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Fusion Arc Hosting shall have no liability due to any corrective action that Fusion Arc Hosting may take.
Fusion Arc Hosting may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Fusion Arc Hosting does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Fusion Arc Hosting is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Fusion Arc Hosting may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Fusion Arc Hosting Products"). Fusion Arc Hosting shall not be responsible for any changes in the Services that cause any Non-Fusion Arc Hosting Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Fusion Arc Hosting Products, either sold, licensed or provided by Fusion Arc Hosting to you will not be deemed a breach of Fusion Arc Hosting's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Fusion Arc Hosting Product are limited to those rights extended to you by the manufacturer of such Non-Fusion Arc Hosting Product. You are entitled to use any Non-Fusion Arc Hosting Product supplied by Fusion Arc Hosting only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Fusion Arc Hosting Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Fusion Arc Hosting Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
The Services may contain links to other websites that are not owned or controlled by Fusion Arc Hosting ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or certain commercial activities with certain sanctioned countries (each a "Sanctioned Country") and certain individuals, organizations or entities, including without limitation, certain "Specially Designated Nationals" ("SDN") listed by OFAC. If you are located in a Sanctioned Country or are listed as an SDN, you are prohibited from registering or signing up with, subscribing to, or using the Services. Unless otherwise provided with explicit permission, Fusion Arc Hosting also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name ("ccTLD") for any Sanctioned Country.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Fusion Arc Hosting may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Fusion Arc Hosting may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Fusion Arc Hosting of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Fusion Arc Hosting may clean-up your account for an additional fee.
Fusion Arc Hosting reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Fusion Arc Hosting does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Fusion Arc Hosting is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact email@example.com
You agree to cooperate fully with Fusion Arc Hosting in connection with Fusion Arc Hosting's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Fusion Arc Hosting is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Fusion Arc Hosting to provide the Services, which may be changed by Fusion Arc Hosting from time to time at our sole discretion.
You are solely responsible for backing up all User Content, including but not limited to, any User Websites. Fusion Arc Hosting does not warrant that we back up any User Content, and you agree to accept the risk of loss of any and all User Content.
Multiple User Accounts: Users may not jump to multiple accounts to abuse "new customer" discounts. Users in violation of this policy will have both accounts suspended until all outstanding invoices are satisfied. Users that abuse our discount system are subject to termination without a refund.
Prepayment: It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal: Unless otherwise provided, you agree that until and unless you notify Fusion Arc Hosting of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes: Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Fusion Arc Hosting's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payments: All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services, or a late fee. Access to the account will not be restored until payment has been received and any data will not be recoverable if the account is still under suspended status until full payment of all due invoices or overdue invoices is paid. If you fail to pay the fees as specified herein, Fusion Arc Hosting may suspend or terminate your account and pursue the collection costs incurred by Fusion Arc Hosting, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. If the account is found terminated all data is no longer recoverable as it has been destroyed permanently. Fusion Arc Hosting will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain Names: It is solely your responsibility to notify Fusion Arc Hosting's Billing department via a support ticket, Sales/Billing Ticket created from https://fusionarchosting.com/whmcs/index.php?rp=/login after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Fusion Arc Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renewal date.
Fraud: It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Fusion Arc Hosting may report any such misuse or fraudulent use, as determined in Fusion Arc Hosting's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes: You have ninety (90) days to dispute any charge or payment processed by Fusion Arc Hosting. If you have any questions concerning a charge on your account, contact our billing department directly for assistance.
Money-back Guarantee: Fusion Arc Hosting offers a thirty (30) day money- back guarantee forFusion Arc Hosting's hosting services only. Subject to the terms described herein, if you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a refund of the amount paid for hosting minus a any setup fees. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.Refunds are only applicable for:- Web Hosting Service - Reseller Hosting Services - Xalix Website Builder
Payment Method: No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks, and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee: If an account with a thirty (30) day money-back guarantee is purchased and then canceled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Fusion Arc Hosting Support or Billing Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic hosting fees previously paid by you to Fusion Arc Hosting for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section. Requests for these refunds must be made in writing to the Fusion Arc Hosting Support or Billing Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility: Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services: There are no refunds on domain names, dedicated servers, VPS servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Fusion Arc Hosting's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process: You may terminate or cancel the Services by giving Fusion Arc Hosting written notice via the cancellation form provided or a billing ticket. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) 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 form, or request and have confirmed all necessary information with you via email, we will inform you in writing (typically email) 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. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." Fusion Arc Hosting will confirm your request and process your cancellation shortly thereafter. We require all cancellations to be done through the online form and or online ticket form 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.
Domains: Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Fusion Arc Hosting's Billing department via a support ticket created from https://fusionarchosting.com/whmcs/index.php?rp=/login to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Foreign Currencies: Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Fusion Arc Hosting is not responsible for any change in exchange rates between the time of payment and the time of refund.
Fusion Arc Hosting may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Fusion Arc Hosting or others or cause Fusion Arc Hosting or others to incur liability, as determined by Fusion Arc Hosting in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Fusion Arc Hosting shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Fusion Arc Hosting may charge you for all fees due for the Services for the remaining portion of the then current term.UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Permitted CPU, I/O, and Disk Usage: All use of hosting space provided by Fusion Arc Hosting is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Fusion Arc Hosting expressly reserves the right to review every shared account for excessive usage of CPU, I/O. disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Fusion Arc Hosting may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Fusion Arc Hosting's terms and conditions.
VPS Managed Services: Note that manually installing modules and bypassing WHM/cPanel could render your management with us void. We do not support third party software that is not provisioned by our team and or offered by Fusion Arc Hosting.
Bandwidth Usage: Shared servers are not limited in their bandwidth allowance. This includes but is not limited to unintentional usage by: bots, DOS attacks, FTP or other unauthorized connections
Uptime Guarantee: If your shared server has a physical downtime that falls short of the 99.9% uptime guarantee, you may get credits on your account as permitted by us and at our discretion. This uptime guarantee does not apply to planned maintenance or hardware failures. Approval of any credit is at the sole discretion of Fusion Arc Hosting and may be dependent upon the 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 Web Server which may differ from the uptime reported by other individual services. To request a credit, please visit https://fusionarchosting.com/whmcs/index.php?rp=/login to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared and reseller solutions.
Price Change: Fusion Arc Hosting reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days' notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Fusion Arc Hosting through the user billing tool or through other methods of communication, including notices sent or posted by Fusion Arc Hosting.
Coupons: Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
In no event will or should Fusion Arc Hosting its directors, employees or agents be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including for any lost profits or lost data arising from your use of the services, or any user content, user websites or other materials accessed or downloaded through the services, even if Fusion Arc Hosting is aware or has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Fusion Arc Hosting's liability to you, or any party claiming through you, for any cause whatsoever, and regardless of the form of the action, is limited to the amount paid, if any, by you to Fusion Arc Hosting for the services in the three (3) months prior to the initial action giving rise to liability. this is an aggregate limit. the existence of more than one claim hereunder will not increase this limit.
Upon using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Fusion Arc Hosting and will be held at the AAA location chosen by Fusion Arc Hosting in Colorado. Payment of all filing, administrative and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Fusion Arc Hosting will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and Fusion Arc Hosting alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Fusion Arc Hosting in violation of this paragraph, you agree to pay Fusion Arc Hosting's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.
You agree to indemnify, defend and hold harmless Fusion Arc Hosting, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.
Fusion Arc Hosting and User are independent contractors and nothing contained in this Agreement places Fusion Arc Hosting and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
Any dispute, relating in any way, to your access or use of our Services or this Agreement shall be submitted to confidential arbitration in Gypsum, CO. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. The arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for its own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Services or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief) , in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Eagle, CO.
Opt-Out: You may opt-out of this dispute resolution provision by notifying Fusion Arc Hosting within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Fusion Arc Telecom LLC. POX BOX 1766 Gypsum, Colorado 81637 United States of America, attn: Arbitration Opt-Out, and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with Fusion Arc Hosting through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Eagle, Co.
Class Action Waiver: You and Fusion Arc Hosting agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
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 the Services. Fusion Arc Hosting disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, late payments, account terminations resulting from Terms of Conditions violations, delivery failures, wrong deliveries, and any and all service interruptions caused by Fusion Arc Hosting or our employees.
Your use of the Services is at your sole risk. Fusion Arc Hosting's backup service runs once a week and overwrites any of our previous backups. Only one weekly of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Fusion Arc Hosting's sole discretion. VPS no backups unless backups addon purchased, Accounts larger than 10GB or 100,000 inodes WILL NOT be included in weekly backups. Fusion Arc Hosting is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Fusion Arc Hosting's servers.
The services provided under this agreement are provided on an "as is" and "as available basis." except as expressly provided in this section, Fusion Arc Hosting and our affiliates, employees, agents, suppliers and licensors disclaim all warranties of any kind, including but not limited to implied warranties of merchantability or fitness for a particular purpose, or non-infringement, for the services provided hereunder. Fusion Arc Hosting and our affiliates, employees, agents, suppliers and licensors make no representations or warranties (i) that the services will be uninterrupted, error free or completely secure; (ii) as to the results that may be obtained from the use of the services; or (iii) as to the accuracy, reliability or content of any information provided through the services. Fusion Arc Hosting and our affiliates, employees, agents, suppliers and licensors are not liable, and expressly disclaims any liability, for the content of any data transferred either to or from users or stored by users on or through the services. the terms of this section shall survive any termination of this agreement.
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.
The headings herein are for convenience only and are not part of this Agreement. Only designed to assist you reading our Terms & Conditions.
Fusion Arc Hosting may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Fusion Arc Hosting website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.Last edit: July 13, 2017Fusion Arc Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
No failure or delay by you or Fusion Arc Hosting to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Fusion Arc Hosting. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Fusion Arc Hosting may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Fusion Arc Hosting must be sent to our agent for notice to: firstname.lastname@example.org or Fusion Arc Hosting. 690 S PO BOX 1766 Gypsum, Colorado 81637 United States of AmericaCalifornia Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
The communications between you and Fusion Arc Hosting use electronic means, whether you visit the Platform or send Fusion Arc Hosting e-mails, or whether Fusion Arc Hosting posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from Fusion Arc Hosting in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Fusion Arc Hosting provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.