Fusion Arc Hosting – Terms of Service (TOS)

Last Updated: 12-17-2025

1) Introduction

This Terms of Service (“Agreement” or “TOS”) is entered into by and between you (“Customer,” “you,” or “your”) and Fusion Arc Hosting, a division of Fusion Arc Telecom LLC (“Fusion Arc,” “we,” “us,” or “our”). By using the Services, you agree to be bound by this Agreement and the policies incorporated by reference.

Incorporated Policies. The following are incorporated by reference and form part of this Agreement: Acceptable Use Policy (AUP); Privacy Policy; Cookie Policy; Refund & Payment Policy; Service Level Agreement (SLA); DMCA Policy; Domain Registration & Renewal Policy; No Spam Policy; Reseller Agreement; and any product-specific terms we publish.

Scope. This Agreement governs: (a) Web Hosting, Reseller Hosting, VPS Hosting, Cloud Dedicated Servers; (b) Bare-Metal/Dedicated Servers leased and managed by Fusion Arc Hosting (often provisioned in third-party data centers); (c) Domain registrations, transfers, and renewals (via Enom and subject to ICANN rules); (d) Add-ons and licenses (e.g., WHMCS, Blesta, cPanel, Plesk, InterWorx, LiteSpeed, SSLs, backup add-ons); and (e) Any ancillary services (migrations, professional services, support).

If you do not agree, do not use the Services.

2) Respectful Communication Policy (RCP)

We expect professional, respectful communication with our staff. Prohibited conduct includes abusive/threatening language, harassment or personal attacks, and disregard for stated policies or solutions. We may suspend or terminate services for violations.

3) Eligibility & Account Registration

• 18+ Only. Services are for users eighteen (18) or older. Access by minors is unauthorized and may result in termination without notice.
• Authorized Representative. If you act for a business/third party, you warrant you have authority to bind them.
• Accurate Information. You must provide and maintain accurate, current, and complete contact and billing information (including an email not hosted on the domain you are signing up under). We will use the primary email on file to contact you.
• Verification. For dedicated/cloud dedicated or risk-flagged orders, we may require government ID and/or payment method verification. Failure to provide may result in denial or termination (including auto-provisioned orders).
• Dedicated IPs / ARIN. Additional dedicated IPs may require justification; approval is subject to ARIN policy and current utilization. We may deny requests lacking sufficient justification.
• Account Security. You are responsible for all activity under your account and for safeguarding credentials. You must use strong passwords. We may audit and require password changes.

4) Fusion Arc Hosting as Provider; Third-Party Facilities

4.1 Provider Role (Not a Retail Reseller)

We operate and manage the Services using infrastructure we deploy across multiple facilities. We may lease bare-metal/colo/network resources from third-party data center vendors (e.g., Liquid Web, Interserver, GT Host, Vultr, Linode, Jetbackup Cloud, Wasabi) and our own nodes or our own datacenters. Your contract is with Fusion Arc Hosting, not our vendors.

4.2 Business Continuity & Upstream Vendor Dependency

Availability may depend on third-party facilities. Hardware failures, upstream outages, network/provider disruptions, regulatory actions, vendor insolvency, or force-majeure at those facilities are outside our direct control. We disclaim liability for such events but will use commercially reasonable efforts to restore or migrate service.

4.3 Right to Migrate

We may migrate your account between servers/data centers (including across vendors) without notice to comply with facility policies, local laws, technical requirements, or business continuity needs.

5) Account & Data Transfers (Migrations)

• Courtesy Only. Transfers are provided as a courtesy; availability, success, and timing are not guaranteed.
• Eligibility. We must be able to obtain a full cPanel backup from your prior host; by default, accounts >1GB may be ineligible unless authorized. We may also use access to your other provider’s client area or any other means you provide and authorize us to use to make copies, downloads, or other methods to succeed in transfers.
• 30-Day Window. Where offered, free transfers apply within 30 days of signup; later transfers may incur fees.
• Customer Verification. You must verify migrated data before canceling prior service. We are not liable for lost/missing data during or after transfer.

6) Content & Intellectual Property

6.1 Fusion Arc HostingContent

All designs, text, graphics, software, tools, and materials we provide (“Fusion Arc Hosting Content”) are proprietary. You may not copy, modify, distribute, frame, scrape, reverse engineer, or decompile any Fusion Arc Hosting Content, except as expressly permitted.

6.2 Your Content & License

You remain solely responsible for all content and websites you host (“User Content”). You grant us a non-exclusive, worldwide, royalty-free license to use, reproduce, display, modify (as technically necessary), transmit, and back up User Content solely to provide the Services and maintain archival/backups. We may remove or disable access to content that we reasonably believe violates this Agreement or law.

No Backup Dumping. You may not use your /home/ directory or shared accounts for backup storage, archive dumps, or offsite storage (including cPanel/WHM/third-party application backups). We may remove files that violate this policy and suspend/terminate accounts.

7) Acceptable Use; Security & Monitoring

• AUP Compliance. You must comply with our Acceptable Use Policy. Prohibited activities include (without limitation): illegal activity; phishing/malware; spam; abusive content (hate/extremism); warez/IP infringement; resource abuse; anonymizers/proxies on shared plans; cryptocurrency mining on shared/reseller; “bulletproof hosting”; running game servers, torrent apps/clients, web spiders/indexers, or unattended daemons on shared; or high-risk schemes (HYIP/Ponzi/MLM).
• VPN/Proxy. Allowed on VPS/dedicated only if lawful and AUP-compliant.
• Resource Controls. Shared/reseller plans run under CloudLinux LVE limits. Excessive CPU/RAM/IO/inodes or long-running MySQL queries may trigger throttling, warnings, suspension, or termination. Cron jobs no more frequent than every 15 minutes. Shared accounts are not general file storage or media repositories.
• Audit & Malware. We may audit accounts for compliance, run automated malware scans, quarantine or delete malicious files, and disable compromised accounts. We may require you to remediate within a timeframe or face suspension/termination.
• Unauthorized Access. Connecting to third-party networks without authorization is prohibited and may result in suspension. We may request proof of authorization.
• Monitoring Consent. We may monitor systems to verify authorization, enforce policies, protect security, and ensure operational integrity. Information may be examined, recorded, and used for authorized purposes.

8) Privacy, Cookies & Data Protection

• Policies. Your data is handled per our Privacy Policy and Cookie Policy. We use analytics and session tools (e.g., Microsoft Clarity, Google Tag Manager) and advertising platforms (e.g., Google, Microsoft, Meta, Reddit) as described in our policies.
• GDPR/CCPA Alignment. Subject to applicable law, you may request export or anonymization of personal data submit via the Privacy/Legal department on our Contact page so a ticket ID is issued. We target responses within 30 days where applicable.
• Children. We do not knowingly collect data from children under 13 (COPPA).
• Vendors/Subprocessors. We may share limited data with trusted vendors/subcontractors, accountancy/audit firms, payment processors, registrars/registries, data centers, and backup providers as needed to deliver services; they are required to keep it confidential or as per their terms and conditions.
• Law Enforcement & Government Requests. We may disclose information pursuant to lawful requests, court orders, subpoenas, or where legally allowed to protect rights, safety, or security. We may preserve data when we believe a valid legal request is imminent.

9) Third-Party Products, Services & Websites

• Resold/Licensed Products. We may provide licenses or access to third-party products (e.g., WHMCS, LiteSpeed, SSLs, CodeGuard). Such products are subject to third-party terms. We are not liable for vendor defects, discontinuations, or changes that affect compatibility.
• Third-Party Sites. The Services may link to third-party sites/content. We do not control or endorse them and are not responsible for their content, accuracy, or practices. Your use is at your own risk.

10) OFAC / Sanctions; Export Controls

You may not use the Services if you are in, or are ordinarily resident of, a sanctioned country, or are a Specially Designated National (SDN) or otherwise prohibited under U.S. law. We may refuse registration or use of certain ccTLDs tied to sanctioned jurisdictions. If any accounts pass pur initial filters we reserve the right to terminate the account in violation at anytime.

11) HIPAA / Sensitive Data

We are not HIPAA compliant and do not sign Business Associate Agreements. You may not store or process Protected Health Information (PHI). Doing so is a material breach and grounds for immediate termination.

12) Compatibility; Customer Cooperation

You are responsible for ensuring your content/software are compatible with our platform (which may change). We may request your reasonable cooperation to diagnose or remediate issues. Third-party customizations outside platform standards may be Beyond Scope of Support.

13) Backups & Data Loss

• Courtesy Backups (Shared/Reseller).
  

  Fusion Arc Hosting may provide automated daily offsite backups for all cPanel Web Hosting and reseller hosting plans and other services. Subject to plan or service purchased.

  By agreeing to our Terms and conditions you also agree to our Backups Policy. See full details here:

  https://fusionarchosting.com/backups-policy/

14) Billing & Payment Policy

• Prepayment. Services are prepaid. You must keep payment info current. Payments received apply first to oldest outstanding invoices.
• Auto-Renewal. Services auto-renew to prevent disruption unless canceled before renewal consistent with the Refund & Payment Policy. Domain renewals typically invoice 30 days before the renewal date.
• Taxes/Fees. Fees exclude taxes and payment processor fees unless stated; you are responsible for applicable taxes.
• Late Payments. Invoices are due on the due date. If unpaid after four (4) days, services may be suspended and late fees may apply. Continued nonpayment may result in termination; data may be permanently destroyed and or not recoverable.
• Multiple Accounts / Coupon Abuse. Creating multiple accounts to abuse “new customer” discounts is prohibited. Violations may result in suspension/termination and charge of rebated amounts.
• Fraud. Fraudulent payment activity is prohibited and may be reported to law enforcement and payment networks.
• Invoice Disputes. You have 90 days from charge date to dispute an invoice.
• Refunds. See Refund & Payment Policy. In summary:
  • 30-Day Money-Back Guarantee applies only to Web Hosting and Reseller Hosting (and Xalix Website Builder) for first-time accounts. Setup/admin fees, license fees, migrations, dedicated IPs, domains, SSLs, and other add-ons are non-refundable.
  • No refunds for VPS, Dedicated, Bare-Metal, licenses, or custom services once provisioned.
  • Chargebacks or payment reversals may result in immediate termination and void any refunds.
  • Foreign currency refunds process in USD at the prevailing exchange rate.
• Cancellations. Submit via the cancellation form or billing ticket (WHMCS). We will confirm via email with a ticket number. You acknowledge files/emails may be removed immediately upon processing. You remain liable for fees accrued before effectiveness of cancellation. (See Refund & Payment Policy for timing requirements for renewal-cycle cancellations.)

15) Domains (Registration, Transfer, Renewal)

• Domains are provided via Enom and subject to ICANN policies and the Registrant Rights & Responsibilities. You must keep WHOIS data accurate.
• Renewals. We typically bill/renew 30 days before expiration or the due date as per each invoice as a courtesy; you are responsible for ensuring timely payment and accurate contact info.
• Finality. All domain registrations, renewals, and transfers are final and non-refundable.
• Redemption. If a domain lapses, redemption recovery (if available) may incur additional registry fees.
• Account Standing. Transfers out/in may require the account to be in good standing (no unpaid invoices).

16) Resellers

• Support. Resellers must provide first-line support to their end users; we do not support end users directly unless explicitly agreed.
• Responsibility. Resellers are fully responsible for the actions of their end users. Violations by end users may result in suspension/termination of the reseller account or specific cPanel in violation.
• Branding. Resellers may use private nameservers/branding per plan. WHMCS/add-on license resale through us is not permitted unless explicitly authorized.
• Indemnity. Resellers agree to indemnify Fusion Arc Hosting for claims arising from their customers’ actions or content.

17) Service Level Agreement (SLA)

• Guarantee. We target 99.9% network and power uptime for Services under our management.
• Measurement. Uptime is measured per server/node based on operating system and web server (e.g., Apache) reporting or our status page status.fusionarchosting.com. Third-party monitoring is not accepted due to network variance.
• Credits. For Qualifying Downtime, you may request a service credit equal to 5% of the monthly fee for every thirty (30) minutes of downtime, capped at 100% of the monthly fee for the affected service.
• Claims. Submit a billing ticket within 7 days of the incident with details. You must be in good standing (no overdue invoices).
• Exclusions. Scheduled maintenance; emergency maintenance; DDoS or security incidents; customer misconfiguration; issues localized to your application/code, devices, or network; upstream data center/provider outages or force-majeure; events outside our reasonable control.

18) Suspension & Termination

We may suspend/terminate Services, with or without notice, if: (a) you fail to pay fees when due; (b) you violate this Agreement or incorporated policies; (c) your conduct risks harm, liability, or service disruption; or (d) as otherwise specified. Upon termination, all data, websites, and backups may be permanently deleted. We may also invoice for remaining amounts due for the then-current term where applicable.

19) Disclaimers; Limited Warranty

Services are provided “AS IS” and “AS AVAILABLE.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Services will be uninterrupted, error-free, or completely secure, or that results will meet your requirements. We are not liable for content of data transferred or stored via the Services.

20) Limitation of Liability

To the maximum extent permitted by law, Fusion Arc’s Hosting aggregate liability to you for any cause of action is limited to the fees you paid to Fusion Arc Hosting for the Services in the three (3) months prior to the event giving rise to liability. We are not liable for indirect, consequential, incidental, special, punitive, or exemplary damages, including lost profits, lost data, loss of goodwill, or business interruption, even if advised of the possibility.

21) Indemnification

You agree to indemnify, defend, and hold harmless Fusion Arc Hosting, its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of the Services; (b) your breach of this Agreement or policies; or (c) your content or your end users’ conduct.

22) Arbitration; Class Action & Jury Waiver

Binding Arbitration (AAA). Any dispute relating to this Agreement shall be resolved by binding arbitration before the American Arbitration Association (AAA) in Colorado, before a single arbitrator chosen pursuant to AAA rules. The Federal Arbitration Act governs.

Costs. AAA filing/administrative/arbitrator fees will be governed by AAA rules; if you demonstrate arbitration would be cost-prohibitive versus litigation, we will pay the portion the arbitrator deems necessary to avoid prohibitive costs.

Individual Basis Only. Arbitration shall proceed solely on an individual basis; class, representative, collective, or private attorney-general actions are waived, and jury trial is waived.

Opt-Out. You may opt out of arbitration within 30 days of entering this Agreement or purchasing a subscription (whichever is earlier) by writing to:
Fusion Arc Telecom LLC, PO Box 1766, Gypsum, CO 81637, USA – Attn: Arbitration Opt-Out (include your name, address, account info, and a clear statement opting out). If you opt out, disputes shall be brought solely in a court of competent jurisdiction in Eagle County, Colorado, to the extent permitted by law.

Preclusive Effect. No arbitration decision has preclusive effect for non-parties.

23) Governing Law; Venue; Time to Bring Claims

This Agreement is governed by the laws of the State of Colorado, without regard to conflicts rules. Where arbitration is not permitted/enforceable, actions shall be brought exclusively in a court of competent jurisdiction located in Eagle County, Colorado. Any claim must be filed within one (1) year after it arose or be forever barred.

24) Force Majeure

Neither party is liable for delay/failure due to causes beyond reasonable control, including fire, flood, acts of God, war/terrorism, labor disputes, supply chain or transportation failures, power/network failures, provider/vendor outages, pandemics, governmental actions, or failures of third parties to perform.

25) Notices; Electronic Communications

You consent to receive communications electronically. We may provide notices via email, WHMCS/billing portal messages, or postings on our website. This satisfies any legal requirement for written notice.

26) California Users Notice

Per California Civil Code §1789.3, questions/complaints may be sent to support@fusionarchosting.com or:
Fusion Arc Hosting, PO Box 1766, Gypsum, CO 81637, USA.
You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834 or (916) 445-1254 / (800) 952-5210.

27) Changes to the Agreement or Services

We may modify, add, or delete portions of this Agreement at any time. If we make material changes, we will post a notice on our website for at least 30 days after posting and update the “Last Updated” date or send a mass email to all active customers of changes on any of our policies. Changes are effective when posted unless stated otherwise. Your continued use constitutes acceptance.

28) Relationship; Assignment; Third-Party Beneficiaries

• Independent Contractors. The parties are independent contractors; no partnership, joint venture, agency, or fiduciary relationship is created.
• Assignment. You may not assign this Agreement without our prior written consent; any attempted assignment is void. We may assign or subcontract our rights/obligations without consent.
• Third-Party Beneficiaries. Certain third-party suppliers (e.g., registrar, software licensors) identified in applicable service descriptions are intended third-party beneficiaries as to their products/services and may enforce this Agreement to that extent.

29) Waiver; Severability; Entire Agreement; Headings

No failure/delay to exercise any right constitutes a waiver. If any provision is unenforceable, the remainder remains in full force; the parties will replace the invalid provision with one that reflects the parties’ intent. This Agreement (including incorporated policies) is the entire agreement and supersedes prior understandings. Headings are for convenience and not interpretive.

30) Pricing Changes; Promotions

We may modify pricing at any time. New prices apply to new customers immediately; existing customers may receive at least thirty (30) days’ notice before price changes take effect, unless otherwise stated. Promotions/discounts may be modified or withdrawn at our discretion and typically apply only to the initial term; renewals revert to standard rates unless stated otherwise.

31) No Spam; Email Use

You must comply with our No Spam Policy and applicable laws (e.g., CAN-SPAM). Purchased lists are generally prohibited. Shared/reseller plans enforce per-hour email limits. We may charge remediation fees for blacklist cleanup where caused by your sending or hosted content and suspend/terminate for repeat offenses.

32) DMCA Policy; Repeat Infringers

We comply with the DMCA. Submit notices via the Abuse/DMCA/Fraud department on our Contact page or to the address in our DMCA Policy. We typically forward notices to customers and allow a short response window. We may disable/suspend alleged infringing content and terminate repeat infringers. Counter-notices must agree to Colorado jurisdiction.

33) Managed vs. Unmanaged; Beyond Scope of Support

Unless stated otherwise, shared/reseller are managed at the platform level; VPS/dedicated/bare-metal may be unmanaged unless you purchase a management plan or the servers state they are fully managed. We may install third-party software/licenses but ongoing maintenance, patching, or tuning of third-party apps is Beyond Scope of Support unless included in a management plan. We can provide best-effort guidance but do not guarantee fixes outside scope.

34) CPU, I/O, Bandwidth & Disk Usage (Shared/Reseller)

• Permitted Use. Shared space is for active website files, active email, and related site content only. It is not for general file storage, backup archives, media libraries, or FTP dumps unless otherwise accepted and allowed via a support or sales ticket opened directly within the client area.
• Resource Limits. Using ≥25% of server resources (CPU/RAM/IO) for >90 seconds or excessive inode counts may trigger warnings/suspension. High inode accounts may be excluded from backups.
• Bandwidth. Shared servers are not always rate-limited for bandwidth unless otherwise stated in a plan details; however, abnormal/unintentional usage (bots, DoS, unauthorized connections) may lead to mitigation or suspension.
• Streaming/Gaming/Torrents. Streaming services and game servers are not permitted on shared hosting. You may link to legal torrents but may not host torrent software/clients.

For more information please refer to our Fair Usage Policy.

35) Data Deletion on Termination

Upon termination for any reason (including non-payment): all User Content, User Websites, emails, and backups are permanently deleted and may not be recoverable. We do not guarantee retention after termination or suspension. Some customer data may be held for some time in the cas law enforcement or federal courts require information. 

36) Contact Information

Fusion Arc Hosting – A Fusion Arc Telecom LLC Company
PO Box 1766, Gypsum, CO 81637, USA
support@fusionarchosting.com