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Terms of Service
This Web Hosting Agreement
("Agreement") is between FusedLayer
("FusedLayer"), and the person
(individual or legal person) whose
signs FusedLayer's service order and
set up form (the "Order")
incorporating this Agreement by
reference ("Customer"). This
Agreement governs Customer's use of
FusedLayer’s Web hosting service.
PLEASE READ THIS AGREEMENT
CAREFULLY.
BY AGREEING TO OUR TERMS OF
SERVICE AND ACCEPTABLE USE POLICY ON
THE ACCOUNT SIGNUP FORM, SIGNING UP,
COMMUNICATING WITH US, PAYING FOR
AND/OR USING OUR SERVICES, YOU ARE
AGREEING TO BE BOUND BY THE
CONDITIONS AND TERMS OF THIS
AGREEMENT, OUR ACCEPTABLE USE
POLICY, AND OUR PRIVACY POLICY.
Table of Contents
• Account Setup
• Transfers
• Abuse & Prohibited Use
• Payment Information
• Cancellations
• Money Back Guarantee
• Bandwidth Usage
• Back Up & Data Loss
• Reseller Client Responsibility
• Shared (non-reseller accounts)
• Uptime Guarantee
• Right To Refusal Without Cause
• Indemnification
• Arbitration
• Disclosure To Law
Enforcement
• Disclaimer
• Copyright Policy
• Changes To The TOS
Account Setup
We will setup your account after we
have received payment and we and/or
our payment partner(s) have screened
the order(s) in case of fraud. It is
your responsibility to provide us
with an email address which is not @
the domain(s) you are signing up
under. If there is ever an abuse
issue or we need to contact you, the
primary email address on file will
be used for this purpose. It is your
responsibility to ensure the email
address on file is current or up to
date at all times. Providing false
contact information of any kind may
result in the termination of your
account. If you fail
to meet these requirements, the
order may be considered fraudulent
in nature and be denied.
Transfers
Our transfers team will make every
effort to help you move your site to
us, however, we cannot make
guarantees of the transfer process.
We provide this as a courtesy
service and cannot make guarantees
regarding its availability or the
amount of time it may take as each
host is configured a little
differently. We will try our best,
however, in some cases we may be
unable to assist you in a transfer
of data from an old host.
Abuse & Prohibited Use
FusedLayer reserves the right to
decide as to what constitutes as
abuse and any material not mentioned
below is left entirely up to the
discretion of the FusedLayer staff.
Abuse can include, but is not
limited to the following offenses:
A) Any attempts to compromise or
actual compromise of a network
device belonging to FusedLayer or any
other company, individual, or other
entity is strictly prohibited. This
offense also includes port scanning,
IP range scanners and vulnerability
scanning. All infractions and or
suspected infractions will be
vigorously investigated and may
result in immediate termination of
service.
B) Denial of Service attacks
directed at us, or any attempts to
launch a Denial of Service attack
from our servers are strictly
prohibited. All infractions and or
suspected infractions will be
vigorously investigated and may
result in immediate termination of
service.
C) Sending unsolicited email,
newsgroup postings, chain letters or
anything else that could be
considered as "spam", is strictly
prohibited. The gathering of email
addresses to be used for sending
unsolicited email on a 3rd party
service "harvesting" is also
prohibited and may result in
termination of service.
D) The hosting of material that
infringes on any copyright,
trademark and or service mark is
strictly prohibited. This also
includes the storage and
transmission of pirated movies,
music, software, ring tones or
anything else considered "warez".
Any DMCA complaint received will be
investigated and may result in
termination of service.
E) The hosting of material which is
considered to be illegal in Canada
and the United States of America is
strictly prohibited. This includes
child pornography, bestiality, hate
speech, online casinos, scam sites,
phishing sites and any other
material which is deemed illegal.
All infractions and or suspected
infractions will be vigorously
investigated and may result in
immediate termination of service.
F) Hosting any software, source code
or any other material that is
illegal or could be used to commit
an illegal act is strictly
prohibited. This includes but is not
limited to software exploits,
exploit source code, hacking
tutorials, hacking tools, viruses
and trojans, bomb making and similar
device tutorials. All infractions
and or suspected infractions will be
vigorously investigated and may
result in immediate termination of
service.
G) The use of IRC software, Bit
Torrent software, Proxy software,
and automated "bots" is strictly
prohibited. The use of some forums
and any other multiuser chat
software which could create a high
load on our servers, disrupt other
users, and/or attract Denial of
Service attacks is also prohibited.
FusedLayer will deal with any of
these issues on a case by case
basis, and will attempt to work with
client to resolve the issue to both
parties satisfaction.
H) Pornographic material is strictly
prohibited due to the number of
unauthorized attempts to compromise
security and gain illegal access to
our servers. Adult related material
that is deemed "non-pornographic" is
allowed.
Please note that any violation(s)
could lead to a simple warning,
temporary suspension of service, and
or termination of clients account(s)
without warning and without refund.
In the event that an illegal act has
been performed, local and/or federal
authorities may be notified.
Payment Information
You agree to supply appropriate
payment for the services received
from FusedLayer, in advance of the
time period during which such
services are provided. You agree
that until and unless you notify
FusedLayer of your desire to cancel
any or all services received, those
services will be billed on a
recurring basis.
As a client of FusedLayer, it is your
responsibility to ensure that your
payment information is up to date,
and that all invoices are paid on
time. FusedLayer provides a 10 day
grace period from the time the
invoice is due and when it must be
paid. Any invoice that is overdue
for 10 days and not paid will result
in a $10 late fee and/or an account
suspension until account balance has
been paid in full.
Invoices that have been paid more
than once with multiple Paypal
Subscriptions can only be added as
credit towards the account and
cannot be refunded via Paypal. If
you require assistance with this
provision, please our billing department.
FusedLayer reserves the right to
change the monthly payment amount
and any other charges at anytime.
Cancellations
Customer is free to cancel their
account at any time by contacting our billing department, with their
account information. Similarly,
FusedLayer reserves the right to
cancel any account at any time, for
any reason, including, but not
limited to, a breach of this
Agreement or the AUP.
Money Back Guarantee
If an account with a forty-five (45) day
money-back guarantee is purchased
and cancelled within forty-five (45) days
of sign up, the Customer will, upon
request, receive a full refund of
all hosting fees. Requests for these
refunds should be made through our
Billing Team. Refunds made for a
forty-five (45) day money-back guarantee will
not include domain registration fees, setup
fees, or any fees for additional
services that are purchased in the
first forty-five (45) days.
Money back guarantee only applicable
to those products and services that
specified with this offer. Any other
products or services with no
specification in money back
guarantee are not entitling to any
money back or refund. Under the
money back guarantee, only
first-time accounts are eligible for
a refund. For example, if you've had
an account with us before, cancelled
and signed up again, you will not be
eligible for a refund. This is to
protect our refund guarantee from
being abused. FusedLayer reserved the
right to determine the definition of
first-time account. Violations of
the Terms of Service will waive the
refund policy.
Bandwidth Usage
You are allocated a monthly
bandwidth allowance. This allowance
varies depending on the hosting
package you purchase. Should your
account pass the allocated amount we
reserve the right to suspend the
account until the start of the next
allocation, suspend the account
until more bandwidth is purchased at
an additional fee, suspend the
account until you upgrade to a
higher level of package, terminate
the account and/or charge you an
additional fee for the overages.
Unused transfer in one month cannot
be carried over to the next month.
Back Up & Data Loss
Customer agrees to maintain a
current copy of all content hosted
by FusedLayer notwithstanding any
agreement by FusedLayer to provide
backup services.
Reseller Client
Responsibility
Resellers are responsible for
supporting their clients. FusedLayer
does not provide support to our
Reseller's Clients. If a reseller's
client contacts us, we reserve the
right to place the client account on
hold until the reseller can assume
their responsibility for their
client. All support requests must be
made by the reseller on their
clients' behalf for security
purposes. Resellers are also
responsible for all content stored
or transmitted under their reseller
account and the actions of their
clients'. FusedLayer will hold any
reseller responsible for any of
their clients’ actions that violate
the law or the terms of service.
Shared (non-reseller
accounts)
Shared accounts may not resell web
hosting to other people. If you wish
to resell hosting you must use a
reseller account.
Uptime Guarantee
FusedLayer strives to maintain a
99.99% network and server uptime
service level. This uptime
percentage is a monthly figure, and
is calculated solely by FusedLayer
monitoring systems or FusedLayer
authorized/contracted outside
monitoring services. If FusedLayer
fails to meet its 99.99% uptime
guarantee, and it is not due to one
of the exceptions below, credits
will be made available to each
client, upon request, on a case by
case basis. FusedLayer does not
credit a full month's service for
minor downtime. This would not be
financially healthy for FusedLayer,
and in turn would only negatively
affect the service level FusedLayer
provides to you. "Partial refunds
for partial downtime" is our
standard policy. In extreme
circumstances, FusedLayer may
distribute full month credits, but
this is dealt with on a case by case
basis. Credits are issued for one
month’s service only, never more.
Exceptions: Customer shall not
receive any credits under this SLA
in connection with any failure or
deficiency of the FusedLayer network
caused by or associated with:
A) Circumstances beyond reasonable
control, including, without
limitation, acts of any governmental
body, war, insurrection, sabotage, embargo, "Acts of God" (i.e. fire,
flood, earthquake, tornado, etc.),
strike or other labor disturbance,
interruption of or delay in
transportation, unavailability of or
interruption or delay in
telecommunications or third party
services, failure of third party
software or inability to obtain raw
materials, supplies, or power used
in or equipment needed for provision
of the Service Level Agreement
B) Telco Failure (i.e. Verizon™
cutting a fiber line somewhere)
C) Backbone peering point issues
(i.e. UUNet™ having a router go down
in Virginia that wipes out internet
service for the entire East Coast)
D) Scheduled maintenance for
hardware/software upgrades
E) Hardware failure (faulty hardware
is rare, but cannot be predicted nor
avoided). FusedLayer utilizes only
name brand hardware of the highest
quality and performance.
F) Software bugs/flaws (Exploits and
bugs may develop that cause security
issues or downtime)
G) DNS issues not within the direct
control of FusedLayer
H) Network floods, hacks, attacks
from outside parties or individuals
I) Failure or error of any FusedLayer
monitoring or measurement system
J) Client's acts or omissions,
including without limitation, any
negligence, willful misconduct, or
use of FusedLayer service(s) in
breach of FusedLayer Policy and
Service Guidelines (AUP), by Client
or others authorized by Client.
Right To Refusal Without
Cause
FusedLayer may refuse to accept any
customer or any website for
participation in the FusedLayer
network as determined by FusedLayer
at its sole discretion.
Indemnification
Customer agrees that it shall
defend, indemnify, save and hold
FusedLayer harmless from any and all
demands, liabilities, losses, costs
and claims, including reasonable
attorney's fees asserted against
FusedLayer, its agents, its
customers, officers and employees,
that may arise or result from any
service provided or performed or
agreed to be performed or any
product sold by customer, its
agents, employees or assigns.
Customer agrees to defend, indemnify
and hold harmless FusedLayer against
liabilities arising out of; (1) any
injury to person or property caused
by any products sold or otherwise
distributed in connection with
FusedLayer; (2) any material supplied
by customer infringing or allegedly
infringing on the proprietary rights
of a third party; (3) copyright
infringement and (4) any defective
products sold to customers from
FusedLayer's server.
Arbitration
By using any FusedLayer services, you
agree to binding arbitration. If any
disputes or claims arise against
FusedLayer or its subsidiaries, such
disputes will be handled by an
arbitrator of FusedLayer 's choice.
All decisions rendered by that
arbitrator will be binding and
final. You are also responsible for
any and all costs related to such
arbitration.
Disclosure To Law
Enforcement
FusedLayer may disclose any
subscriber information to law
enforcement agencies without further
consent or notification to the
subscriber upon lawful request from
such agencies. We will cooperate
fully with law enforcement agencies.
Disclaimer
FusedLayer will not be responsible
for any damages your business may
suffer. FusedLayer makes no
warranties of any kind, expressed or
implied for services we provide.
FusedLayer disclaims any warranty or
merchantability or fitness for a
particular purpose. This includes
loss of data resulting from delays,
no deliveries, wrong delivery, and
any and all service interruptions
caused by FusedLayer and its
employees.
Copyright Policy
All content on this website is
Copyright © FusedLayer and may not be
reproduced without express written
consent. All logos, trademarks
and/or service marks are the
property of FusedLayer.
Changes To The TOS
FusedLayer reserves the right to
revise its policies at any time
without notice.
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