Fusion Arc Hosting – A Fusion Arc Telecom LLC Company
Effective Date: September 17, 2026
Last Updated: September 17, 2026
These Terms of Service (“Terms,” “Terms of Service,” “TOS,” or “Agreement”) are entered into between you (“Customer,” “you,” or “your”) and Fusion Arc Hosting, a division of Fusion Arc Telecom LLC (“Fusion Arc,” “Fusion Arc Hosting,” “we,” “us,” or “our”).
By creating an account, submitting an order, purchasing, renewing, accessing, or using any Fusion Arc Hosting Service, you agree to these Terms and all applicable policies incorporated into this Agreement.
If you do not agree, you must not purchase or use the Services.
The following documents are incorporated by reference into and form part of this Agreement where applicable:
Acceptable Use Policy (“AUP”);
Fair Usage Policy (“FUP”);
Privacy Policy;
Cookie Policy;
Refund & Payment Policy;
Support Scope, Fully Managed Services & Best-Effort Assistance Policy (“Support Policy”);
Backup Policy;
Service Level Agreement (“SLA”);
Domain Registration & Renewal Policy;
No Spam Policy;
DMCA Policy;
Reseller Agreement;
product-specific terms;
service-specific terms;
applicable checkout terms;
applicable order forms;
accepted written quotations;
Statements of Work (“SOW”);
enterprise or custom agreements; and
other written terms expressly incorporated into a Customer’s Service.
These documents, together with this TOS, collectively constitute the Agreement.
A policy applies according to its subject matter and the Service or circumstance to which it relates.
Not every provision of every incorporated policy necessarily applies to every Fusion Arc Hosting Service.
Because different documents govern different aspects of the Services, provisions will be interpreted according to their intended subject matter.
If provisions directly conflict, the following rules apply.
A separately executed or expressly accepted:
enterprise agreement;
custom agreement;
Statement of Work;
negotiated service agreement; or
other written agreement
may override another provision only to the extent that it expressly identifies or clearly establishes the different term applicable to the particular Service or transaction.
An informal email, support response, Live Chat message, or statement by personnel does not constitute such an override.
Product-specific terms, service-specific terms, order forms, and checkout selections control the specific technical, commercial, or operational characteristics of the purchased Service.
For example, they may establish:
resources;
pricing;
billing cycle;
management status;
software licenses;
datacenter location;
features; or
service-specific limitations.
The following policies primarily govern their stated subject matter:
AUP: prohibited and abusive activity;
FUP: legitimate resource use and infrastructure capacity;
Refund & Payment Policy: billing, refunds, payments, renewal, and payment-related suspension;
Support Policy: support scope, Fully Managed Services, Self-Managed Services, response targets, and Beyond Scope Assistance;
Backup Policy: backup schedules, retention, restoration, and backup limitations;
SLA: qualifying availability commitments and service credits;
Privacy Policy: Personal Information and privacy rights;
Cookie Policy: cookies and similar technologies;
Domain Policy: domain registration, transfer, renewal, and expiration;
No Spam Policy: email and messaging requirements;
DMCA Policy: qualifying copyright matters; and
Reseller Agreement: reseller-specific obligations.
Unless an authorized written agreement expressly states otherwise, the following matters remain governed by this TOS:
disclaimers;
limitation of liability;
indemnification;
arbitration;
class-action waiver;
jury-trial waiver;
governing law;
venue;
force majeure;
assignment;
waiver;
severability;
survival; and
entire agreement.
A more specific technical or operational provision does not automatically override an unrelated legal provision.
For example, a product description establishing a server’s RAM allocation does not modify Fusion Arc Hosting’s limitation of liability.
This Agreement applies to Fusion Arc Hosting products and Services including, where applicable:
Shared Web Hosting;
WordPress Hosting;
CMS Hosting;
Reseller Hosting;
Agency Hosting;
Enterprise Hosting;
Semi-Dedicated Hosting;
VPS Hosting;
VDS Hosting;
Fully Managed VPS/VDS Hosting;
cPanel VPS/VDS;
DirectAdmin VPS/VDS;
Plesk VPS/VDS;
Dedicated Servers;
Bare-Metal Servers;
cloud infrastructure;
virtual infrastructure;
DNS Services;
email Services;
domain Services;
SSL/TLS Services;
backup Services;
migration Services;
security Services;
dedicated IP addresses;
software licenses;
website-builder products;
professional Services;
technical Services;
add-ons; and
related products provided by Fusion Arc Hosting.
The applicable order and product description determine the exact features of a purchased Service.
Customers must be at least 18 years old.
If you purchase Services for a company, organization, or another person, you represent that you have authority to bind that entity or person.
Customers must maintain accurate and current:
identity information;
contact information;
billing information;
email address;
address; and
other account information reasonably required to administer the Service.
Customers are responsible for reasonably securing:
account passwords;
authentication credentials;
API credentials;
SSH credentials;
authorized contacts;
access tokens; and
other credentials under their control.
Fusion Arc Hosting may require:
password changes;
MFA;
ownership verification;
identity verification;
payment verification; or
other reasonable security measures.
Orders may be reviewed using automated or manual fraud and risk systems.
Fusion Arc Hosting may consider:
payment verification;
IP information;
billing information;
network reputation;
device information;
order history;
account history;
transaction patterns;
sanctions screening;
third-party fraud systems; and
other reasonable indicators.
We may request verification before or after provisioning.
Fusion Arc Hosting may delay, decline, suspend, cancel, restrict, or terminate an order or Service where reasonably necessary because of:
suspected fraud;
payment risk;
inability to verify the Customer;
inaccurate information;
sanctions requirements;
security concerns;
processor requirements; or
legal or regulatory obligations.
Fraud-related billing matters are additionally governed by the Refund & Payment Policy.
Fusion Arc Hosting primarily supports markets in which it is operationally, commercially, and legally prepared to provide Services, including the United States, United Kingdom, and Canada.
Certain locations, payment methods, countries, regions, or billing jurisdictions may be:
unavailable;
restricted;
subject to verification;
manually reviewed; or
declined.
Availability of the Fusion Arc Hosting website or ordering system in a jurisdiction does not guarantee eligibility for Service.
Fusion Arc Hosting may provide Services through a combination of:
owned infrastructure;
leased infrastructure;
dedicated servers;
colocation;
datacenters;
cloud providers;
storage providers;
backup providers;
network carriers;
transit providers;
software vendors;
registrars; and
other infrastructure suppliers.
The Customer’s primary hosting contract remains with Fusion Arc Hosting unless expressly stated otherwise.
Third-party products may separately be subject to applicable vendor terms.
Fusion Arc Hosting may migrate a Service between compatible:
servers;
parent nodes;
storage platforms;
networks;
datacenters;
providers; or
geographic facilities
where reasonably necessary for:
maintenance;
performance;
security;
capacity;
reliability;
hardware replacement;
network changes;
provider changes;
compliance;
business continuity; or
other operational reasons.
Reasonable notice may be provided for significant planned migrations where practical.
Emergency migrations may occur without advance notice.
Certain aspects of the Services depend upon independent third parties.
Fusion Arc Hosting cannot guarantee the continued performance or availability of third-party:
datacenters;
networks;
hardware;
software;
registrars;
certificate authorities;
storage providers;
backup providers; or
other vendors.
Fusion Arc Hosting will use commercially reasonable efforts to manage failures affecting Services under our control.
Applicable remedies for qualifying downtime remain subject to the SLA.
Customers remain responsible for their websites, applications, databases, email, files, media, and other content stored or transmitted through the Services (“Customer Content”).
Customers represent that they possess any rights necessary to:
host;
store;
display;
distribute;
process; and
transmit
their Customer Content.
Customer Content must comply with the Agreement and applicable law.
The Customer grants Fusion Arc Hosting a non-exclusive, worldwide, royalty-free license to host, process, copy, transmit, technically modify, back up, restore, and migrate Customer Content where reasonably necessary to:
provide the Services;
maintain infrastructure;
perform backups;
perform migrations;
provide support;
troubleshoot;
secure systems;
investigate abuse;
comply with lawful obligations; or
otherwise perform this Agreement.
This license does not transfer ownership of Customer Content to Fusion Arc Hosting.
Fusion Arc Hosting retains all applicable rights in its:
branding;
trademarks;
websites;
designs;
documentation;
original software;
proprietary systems;
graphics;
internal tools; and
other protected material.
Nothing in this Agreement transfers ownership of Fusion Arc Hosting intellectual property to the Customer.
Customers must comply with the Acceptable Use Policy.
The AUP is the primary authority concerning:
illegal activity;
phishing;
malware;
fraud;
attacks;
unauthorized access;
spam;
prohibited network activity;
abuse;
intellectual-property violations;
platform circumvention; and
other prohibited conduct.
Fusion Arc Hosting may investigate and take reasonable action against violations.
Serious or actively harmful conduct may result in immediate restriction or suspension before notice.
Legitimate technical resource use is primarily governed by the Fair Usage Policy.
Resource usage may include:
CPU;
RAM;
vCPU;
disk;
I/O;
IOPS;
processes;
Entry Processes;
database activity;
inodes;
bandwidth;
network usage; and
other technical resources.
A temporary resource spike or use of a particular resource percentage is not automatically a violation unless an applicable product or service expressly establishes otherwise.
Where a workload materially exceeds the reasonable characteristics of its service class, Fusion Arc Hosting may:
recommend optimization;
adjust technical limits;
provide additional capacity where available;
migrate the workload;
recommend another product; or
require movement to more appropriate infrastructure.
Any material change to published policies remains subject to Section 50 of these Terms and applicable law.
Where a Service is described as unlimited or unmetered, the term does not mean that physical infrastructure has infinite capacity.
Unlimited and unmetered resources remain subject to:
physical hardware;
network capacity;
architecture;
security controls;
applicable product limitations;
the AUP;
the FUP; and
reasonable use.
Fusion Arc Hosting may operate systems designed to:
detect malware;
detect abuse;
detect fraud;
monitor service availability;
investigate network activity;
review resource usage;
identify compromised accounts;
protect email reputation;
monitor authentication events; and
secure infrastructure.
Where reasonably necessary, Fusion Arc Hosting may:
block traffic;
stop processes;
quarantine malicious files;
isolate Services;
restrict outbound connections;
restrict email;
adjust security controls;
temporarily suspend affected Services; or
take other protective action.
Processing of Personal Information remains subject to the Privacy Policy.
Fusion Arc Hosting processes Personal Information according to the Privacy Policy and Cookie Policy.
Those policies govern matters including:
collection;
use;
support communications;
payment information;
analytics;
advertising;
live chat;
AI systems;
infrastructure providers;
fraud prevention;
data retention;
privacy rights; and
international data transfers.
Where a matter concerns the processing of Personal Information, the Privacy Policy controls subject to applicable law.
Fusion Arc Hosting is not represented as a HIPAA-compliant hosting provider and does not ordinarily enter into Business Associate Agreements.
Customers must not store or process Protected Health Information unless Fusion Arc Hosting expressly agrees in writing to provide an appropriate service for that purpose.
Unauthorized PHI processing may result in restriction or termination.
Customers must comply with applicable United States sanctions and export-control requirements.
Fusion Arc Hosting may:
reject orders;
request verification;
block transactions;
restrict Services;
suspend Services; or
terminate Services
where reasonably necessary to comply with applicable law.
Fusion Arc Hosting may install, integrate, license, resell, or support third-party software or Services.
Third parties may independently:
change pricing;
change licensing;
modify products;
discontinue products;
introduce bugs;
experience outages;
alter compatibility;
modify APIs; or
cease support.
Fusion Arc Hosting cannot guarantee independent third-party conduct.
Where applicable, the Customer must comply with third-party licensing and usage requirements.
Technical support is governed by the Support Scope, Fully Managed Services & Best-Effort Assistance Policy.
The Support Policy governs:
Live Chat;
Technical Support tickets;
technical support levels;
escalation;
supported technologies;
Fully Managed Services;
Self-Managed Services;
Beyond Scope Assistance;
Best-Effort Assistance; and
response targets.
Response targets are operational targets unless an applicable SLA expressly states otherwise.
Shared Hosting, WordPress/CMS Hosting, Reseller Hosting, Agency Hosting, Enterprise Hosting, and Semi-Dedicated Hosting are generally Fully Managed at the Fusion Arc Hosting hosting-platform level.
Fusion Arc Hosting manages supported platform components.
Fully Managed hosting does not mean that Fusion Arc Hosting becomes the Customer’s:
developer;
software vendor;
application developer;
website designer; or
administrator of unrelated third-party systems.
Unless expressly designated otherwise, standard VPS and VDS Services are Self-Managed by default.
Customers on Self-Managed VPS/VDS Services are generally responsible for their guest:
operating system;
software;
configuration;
firewall;
security;
web server;
database;
email server;
applications;
monitoring; and
backups unless separately included.
Fusion Arc Hosting remains responsible for provider-controlled infrastructure.
Eligible Services may purchase or include Fully Managed Services.
A VPS/VDS or other server sold or expressly designated as a Fully Managed:
cPanel;
DirectAdmin; or
Plesk
Service receives management coverage for the supported server stack as defined in the Support Policy.
Purchasing or installing a control-panel license alone does not create Fully Managed status.
Management status for Dedicated and Bare-Metal Services is determined by:
the applicable product description;
checkout selection;
management add-on;
order;
Statement of Work; or
written agreement.
Dedicated hardware does not automatically mean Fully Managed Service.
Requests involving software, systems, applications, or development work outside the supported Fusion Arc Hosting stack may be treated as Beyond Scope.
Fusion Arc Hosting may voluntarily provide Best-Effort Assistance.
Best-Effort Assistance:
does not guarantee success;
does not permanently expand support obligations;
does not make Fusion Arc Hosting the developer of customer software; and
does not automatically create entitlement to a refund or credit if unsuccessful.
Backup Services are governed by the Backup Policy.
Fusion Arc Hosting does not guarantee that:
every backup will successfully complete;
every file will exist in every backup;
every recovery point requested will exist;
every database can be restored;
every email can be recovered; or
restored software will function after restoration.
Customers remain responsible for independent backups of critical or irreplaceable data.
Fusion Arc Hosting may provide migration Services.
Migration success depends upon circumstances including:
source access;
source-provider restrictions;
compatible software;
available data;
credentials;
source configuration;
data size;
security restrictions; and
application compatibility.
Migration timing and complete success are not guaranteed.
Customers must verify migrated data before cancelling their previous provider.
Application changes required after migration may be Beyond Scope.
Billing is governed primarily by the Refund & Payment Policy.
Unless otherwise stated:
Services are prepaid;
invoices are due by the stated due date;
recurring Services automatically renew unless properly cancelled;
Customers must maintain valid payment information where automatic payment is enabled; and
failed automatic payments do not eliminate payment obligations.
The Refund & Payment Policy governs applicable:
grace periods;
suspension;
termination for non-payment;
refund eligibility;
partial refunds;
invoice disputes;
failed payments;
chargebacks;
renewal charges; and
non-refundable items.
Customers must normally submit cancellation through the official Fusion Arc Hosting Client Area cancellation function for the applicable Service.
A communication through:
Live Chat;
ordinary email;
a Technical Support ticket;
a Sales & Billing ticket; or
another informal method
does not by itself constitute a valid cancellation where the Client Area cancellation function is available.
Where a technical problem prevents use of the Client Area cancellation system, Fusion Arc Hosting may authorize an alternate process.
Customers remain responsible for submitting cancellation before the applicable renewal deadline.
Cancellation does not automatically create a refund entitlement.
Domain Services are governed by the Domain Registration & Renewal Policy, applicable registrar and registry requirements, and ICANN requirements where applicable.
Fusion Arc Hosting may use providers such as Enom to perform domain Services.
Customers are responsible for:
accurate registration information;
valid contact information;
monitoring expiration and renewal communications;
paying applicable charges; and
complying with registrar and registry requirements.
Fusion Arc Hosting cannot guarantee the conduct of an independent registrar, registry, or ICANN-related system.
Reseller Services are additionally governed by the Reseller Agreement.
Unless expressly stated otherwise:
Fusion Arc Hosting supports the Fusion Arc Hosting account holder;
resellers provide first-line support to their own customers;
resellers are responsible for activity through accounts they provision; and
reseller customers and end users must comply with applicable Fusion Arc Hosting policies.
Fusion Arc Hosting may enforce policies against an individual end-user account where technically practical.
Customers must comply with the No Spam Policy.
Fusion Arc Hosting may protect email infrastructure using:
rate limits;
mailbox restrictions;
account restrictions;
routing adjustments;
outbound restrictions;
spam filtering;
IP controls; and
other reasonable protections.
Specific spam and mailing-list rules are governed by the No Spam Policy.
Qualifying copyright complaints are governed by the DMCA Policy.
Fusion Arc Hosting may:
forward complaints;
request responses;
remove or restrict content;
suspend Services; or
terminate repeat infringers
as permitted by the DMCA Policy and applicable law.
Qualifying Services are governed by the applicable Service Level Agreement.
The SLA governs:
availability commitments;
qualifying downtime;
exclusions;
credit calculations;
claim deadlines;
measurement methodology; and
good-standing requirements.
Unless expressly stated otherwise in an applicable SLA, Service availability does not constitute a guarantee of uninterrupted or error-free operation.
Unless an applicable SLA expressly provides otherwise, qualifying downtime generally excludes interruptions caused by:
scheduled maintenance;
emergency maintenance;
DDoS attacks;
malicious attacks;
customer configuration;
Customer applications;
Customer Content;
unsupported software;
Customer devices or networks;
DNS or services controlled by third parties;
upstream provider failures outside our reasonable control;
datacenter failures outside our reasonable control;
force majeure;
government action; or
other circumstances expressly excluded by the SLA.
The applicable SLA remains the controlling document for specific exclusions.
To the maximum extent permitted by law, service credits provided under an applicable SLA are the Customer’s sole and exclusive contractual remedy for qualifying service availability or uptime failures covered by that SLA.
An SLA credit does not constitute:
admission of fault;
admission of negligence;
admission of liability; or
monetary damages.
This provision does not eliminate rights that cannot lawfully be waived.
Fusion Arc Hosting may restrict, isolate, suspend, or terminate a Service where permitted by the Agreement.
Grounds may include:
non-payment;
fraud;
material breach;
AUP violations;
repeated abuse;
malware;
phishing;
spam;
security threats;
unlawful activity;
sanctions restrictions;
verification failure;
severe infrastructure impact;
repeated failure to remediate;
risks to other customers; or
upstream-provider requirements.
Where practical, non-critical issues may receive notice and an opportunity to remediate.
Immediate action may be taken where reasonably necessary to prevent serious or continuing harm.
Termination may result in permanent deletion of:
websites;
files;
databases;
email;
virtual machines;
hosting accounts;
configuration;
Customer Content; and
other Service data.
Data may become immediately or permanently unrecoverable.
Fusion Arc Hosting does not guarantee any backup or recovery point remains available after termination.
Residual information may temporarily or lawfully remain in:
backup rotations;
financial records;
accounting records;
fraud records;
security records;
support records;
domain records;
legal records; or
third-party systems.
Such retention remains governed by the Privacy Policy, Backup Policy, and applicable law.
Customers are responsible for ensuring that Customer-controlled:
applications;
custom code;
themes;
plugins;
integrations;
libraries; and
other software
remain compatible with the applicable hosting environment.
Fusion Arc Hosting may modify supported technology as necessary for security, stability, supportability, or operational requirements.
Fusion Arc Hosting may refuse, modify, delay, or reverse a requested configuration where we reasonably determine it may:
create a vulnerability;
destabilize infrastructure;
interfere with updates;
violate vendor requirements;
affect other customers;
circumvent resource controls;
create abuse risk;
damage data;
violate law; or
otherwise create unreasonable technical risk.
Fully Managed Services do not require Fusion Arc Hosting to maintain an unsafe or unsupported configuration.
Customers may criticize Fusion Arc Hosting, dispute charges, make complaints, escalate issues, and assert legal rights.
However, Customers may not engage in serious or repeated:
credible threats;
harassment;
discriminatory abuse;
intimidation;
personal attacks against personnel; or
materially disruptive conduct.
Fusion Arc Hosting may restrict communication channels or take other reasonable action where necessary.
Fusion Arc Hosting may modify pricing.
New pricing may apply immediately to:
new customers;
new Services;
new add-ons; and
newly purchased products.
Existing recurring Services will receive reasonable notice of material price increases, including at least thirty (30) days where required by the applicable terms or law.
Different notice may apply to changes resulting from:
taxation;
government action;
vendor pass-through fees;
registry pricing;
licensing changes; or
other external costs
where permitted by law and applicable service terms.
Promotions and discounts may:
be limited to new customers;
apply only to the initial term;
expire;
contain eligibility restrictions; or
renew at normal pricing.
Creating multiple accounts or manipulating information to improperly obtain promotional benefits is prohibited.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
Fusion Arc Hosting does not guarantee that:
Services will always be uninterrupted;
Services will always be error-free;
all security incidents can be prevented;
every backup will succeed;
every restoration will succeed;
third-party products will remain compatible; or
Services will satisfy every Customer requirement.
To the maximum extent legally permitted, Fusion Arc Hosting disclaims implied warranties including:
merchantability;
fitness for a particular purpose; and
non-infringement.
Nothing in this Agreement excludes a warranty that cannot lawfully be excluded.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF FUSION ARC TELECOM LLC, FUSION ARC HOSTING, AND THEIR AFFILIATES ARISING OUT OF OR RELATING TO A PARTICULAR SERVICE, EVENT, OR SERIES OF RELATED EVENTS SHALL NOT EXCEED THE TOTAL FEES ACTUALLY PAID BY THE CUSTOMER TO FUSION ARC HOSTING FOR THE AFFECTED SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUSION ARC HOSTING WILL NOT BE LIABLE FOR:
indirect damages;
incidental damages;
consequential damages;
special damages;
exemplary damages;
punitive damages;
lost profits;
lost revenue;
loss of business;
loss of opportunity;
loss of goodwill;
loss of anticipated savings;
business interruption; or
loss or corruption of data.
These limitations apply regardless of whether the claim is characterized as:
contract;
tort;
negligence;
strict liability;
statutory claim; or
another legal theory,
to the extent permitted by applicable law.
The limitations apply even if Fusion Arc Hosting was advised of the possibility of such damages.
Nothing in this Agreement excludes or limits liability that cannot legally be excluded or limited.
To the maximum extent permitted by law, the Customer agrees to indemnify, defend, and hold harmless:
Fusion Arc Telecom LLC;
Fusion Arc Hosting;
their affiliates;
officers;
directors;
employees;
contractors;
agents; and
applicable successors and assigns
from third-party claims, liabilities, losses, damages, judgments, penalties, and reasonable legal expenses arising out of or relating to:
Customer Content;
unlawful use of the Services;
Customer infringement of third-party rights;
activity of the Customer’s authorized users;
activity by reseller customers or end users;
Customer breach of this Agreement; or
Customer violation of applicable law.
Fusion Arc Hosting may reasonably participate in or assume control of the defense of a covered claim.
The Customer may not enter into a settlement that:
admits wrongdoing by Fusion Arc Hosting;
imposes obligations on Fusion Arc Hosting; or
requires payment by Fusion Arc Hosting
without Fusion Arc Hosting’s written approval.
This section does not require indemnification for claims caused solely by Fusion Arc Hosting where such indemnification would be prohibited by law.
Before initiating arbitration or litigation, the parties should make reasonable efforts to resolve a dispute informally.
A Customer asserting a legal dispute should provide written notice containing:
the Customer’s identity;
account information;
description of the dispute;
relevant Service;
requested resolution; and
sufficient supporting information.
Notice may be submitted through the appropriate legal or billing channel.
The parties will have at least 30 days after receipt of a sufficiently detailed dispute notice to attempt resolution before either party initiates arbitration, unless:
immediate injunctive relief is reasonably necessary;
a limitation period would expire;
applicable law provides otherwise; or
another urgent circumstance reasonably prevents waiting.
Except where prohibited by law or where a Customer validly opts out under Section 53, disputes arising out of or relating to the Agreement or Services will be resolved through binding arbitration administered by the American Arbitration Association (“AAA”).
The Federal Arbitration Act governs the arbitration agreement where applicable.
Arbitration will:
be conducted before one arbitrator;
follow applicable AAA rules; and
take place in Colorado unless the parties agree otherwise or applicable law or AAA rules require another arrangement.
The arbitrator may award remedies available under applicable law, subject to valid limitations contained in this Agreement.
AAA filing, administrative, and arbitrator fees will be allocated according to applicable AAA rules.
Where applicable law requires Fusion Arc Hosting to pay additional arbitration costs or where the arbitrator determines that costs would make arbitration legally prohibitive, Fusion Arc Hosting will pay the required portion.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, ARBITRATION SHALL PROCEED ONLY ON AN INDIVIDUAL BASIS.
The parties waive the right to participate in:
class actions;
collective actions;
representative actions;
consolidated representative proceedings; and
private attorney-general actions
to the extent such waiver is enforceable.
The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s claim, except where applicable law requires otherwise.
To the extent permitted by law, both parties waive trial by jury for disputes subject to arbitration.
A Customer may opt out of arbitration by sending written notice within 30 days after first becoming subject to the arbitration agreement.
The notice must include:
Customer name;
mailing address;
account information sufficient to identify the account; and
an explicit statement that the Customer opts out of arbitration.
Send the notice to:
Fusion Arc Telecom LLC
Attn: Arbitration Opt-Out
PO Box 1766
Gypsum, Colorado 81637
United States
Opting out of arbitration does not modify the remainder of the Agreement.
Where permitted by applicable law and AAA rules, either party may bring an eligible individual claim in small-claims court instead of arbitration.
Nothing in the arbitration provision prevents either party from seeking temporary or emergency injunctive relief from a court of competent jurisdiction where reasonably necessary to:
protect systems;
prevent unauthorized access;
protect intellectual property;
stop fraud;
prevent abuse; or
prevent immediate and irreparable harm.
Seeking such emergency relief does not automatically waive arbitration of the underlying dispute.
This Agreement is governed by the laws of the State of Colorado, without regard to conflict-of-law principles, except where federal law or mandatory law applies.
Where a dispute is not subject to arbitration and contractual venue selection is legally enforceable, proceedings will be brought in a court of competent jurisdiction in Eagle County, Colorado.
Nothing in this provision deprives a consumer of a non-waivable statutory protection.
To the maximum extent permitted by applicable law, any claim arising from or relating to the Agreement or Services must be commenced within one (1) year after the claim accrues.
Where applicable law prohibits shortening a limitation period, the legally required period applies.
Neither party will be liable for delay or failure to perform, other than payment obligations already due, where caused by circumstances beyond reasonable control.
Such circumstances may include:
natural disasters;
severe weather;
fire;
flood;
war;
terrorism;
civil disorder;
pandemics;
labor disputes;
governmental action;
sanctions;
utility failures;
carrier failures;
internet-routing failures;
network failures;
datacenter incidents;
supply-chain failures;
hardware shortages;
upstream-provider failures; or
other comparable events.
The affected party will use commercially reasonable efforts to resume performance where practical.
Customers consent to receive legally permissible electronic communications concerning their Services.
Fusion Arc Hosting may communicate through:
email;
Client Area notices;
support tickets;
account messages;
service notices; or
website notices.
Customers are responsible for maintaining accurate contact information.
Transactional notices may include:
invoices;
renewal notices;
payment notices;
security alerts;
abuse notices;
support communications;
maintenance notices;
policy changes; and
contractual notices.
Fusion Arc Hosting may update these Terms or incorporated policies as reasonably necessary because of:
changes in law;
regulatory changes;
infrastructure changes;
product changes;
vendor changes;
technological changes;
security requirements;
abuse patterns;
operational requirements; or
new Services.
Material changes will be communicated through reasonable channels where required or appropriate.
Such channels may include:
email;
Client Area notice;
website notice;
service notice; or
other reasonable communication.
Changes may become effective upon posting or on another stated effective date, subject to applicable law.
Continued use of the Services after the effective date constitutes acceptance of revised terms to the extent permitted by law.
Moving technical details to a separate policy does not eliminate any legally required notice for a material contractual change.
Fusion Arc Hosting may make non-material administrative, formatting, clarification, security, or operational updates without separately obtaining affirmative acceptance where permitted by law.
Fusion Arc Hosting may modify the technologies used to provide Services.
Changes may include:
hardware;
operating systems;
web servers;
databases;
control panels;
networking;
storage;
security platforms;
backup systems;
datacenters;
software versions; and
infrastructure providers.
Where a material feature or Service must be discontinued, Fusion Arc Hosting may provide reasonable notice or migration alternatives where practical.
Customers may not assign this Agreement without Fusion Arc Hosting’s prior written consent.
Fusion Arc Hosting may assign, subcontract, delegate, or transfer rights or obligations in connection with:
a merger;
acquisition;
restructuring;
financing;
sale of assets;
transfer of business operations;
infrastructure arrangements; or
ordinary subcontracting.
Any assignment remains subject to applicable law.
The parties are independent contractors.
Nothing in the Agreement creates:
partnership;
joint venture;
employment;
fiduciary relationship; or
agency
between Fusion Arc Hosting and the Customer.
Except where expressly stated, no third party is a beneficiary of this Agreement.
Applicable:
registrars;
registries;
software licensors;
certificate providers; or
other suppliers
may be intended beneficiaries of provisions specifically governing their products where applicable product terms expressly provide.
Failure or delay to enforce a provision does not waive that provision.
A waiver relating to one event does not automatically waive rights concerning another event.
If a provision is found invalid or unenforceable, it will be enforced to the maximum lawful extent or severed as necessary.
The remainder of the Agreement remains effective.
Provisions that by their nature are intended to continue after suspension, cancellation, expiration, or termination will survive.
These include, where applicable:
outstanding payment obligations;
intellectual-property provisions;
disclaimers;
limitation of liability;
indemnification;
arbitration;
dispute resolution;
governing law;
data-retention provisions;
confidentiality-related obligations;
waiver;
severability; and
other provisions intended to survive termination.
This TOS, together with incorporated policies and applicable:
orders;
checkout terms;
product terms;
service terms;
Statements of Work; and
expressly authorized written agreements
constitutes the entire agreement concerning the Services.
The Agreement supersedes prior understandings concerning the same subject matter unless expressly preserved in writing.
The Agreement cannot be modified by:
oral statements;
Live Chat communications;
telephone conversations;
ordinary support responses;
informal emails; or
conduct by an individual employee
unless Fusion Arc Hosting expressly confirms the modification through an authorized written agreement or applicable contractual update.
This provision does not prevent support personnel from performing ordinary operational actions or providing assistance within the existing Agreement.
Section headings are for convenience only.
Words such as:
“including”;
“includes”; or
“for example”
are illustrative and do not limit the scope of the applicable provision unless expressly stated.
References to the singular include the plural where context requires and vice versa.
Where applicable under California Civil Code §1789.3, questions or complaints may be directed to:
Fusion Arc Hosting
A Fusion Arc Telecom LLC Company
PO Box 1766
Gypsum, Colorado 81637
United States
California consumers may also contact the Complaint Assistance Unit of the California Department of Consumer Affairs using the contact information published by that agency.
Fusion Arc Hosting
A Fusion Arc Telecom LLC Company
PO Box 1766
Gypsum, Colorado 81637
United States
Technical Support:
support@fusionarchosting.com
Sales & Billing:
sales@fusionarchosting.com
Privacy:
privacy@fusionarchosting.com
Customers should use the appropriate authenticated Client Area or Contact Us department where available.
By purchasing, renewing, accessing, or continuing to use Fusion Arc Hosting Services, the Customer acknowledges the opportunity to review the applicable:
Terms of Service;
Acceptable Use Policy;
Fair Usage Policy;
Privacy Policy;
Cookie Policy;
Refund & Payment Policy;
Support Scope, Fully Managed Services & Best-Effort Assistance Policy;
Backup Policy;
Service Level Agreement;
Domain Registration & Renewal Policy;
No Spam Policy;
DMCA Policy;
Reseller Agreement;
product-specific terms;
service-specific terms;
checkout terms; and
other applicable written agreements.
These documents collectively form the Agreement governing the applicable Services.
