• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• Displaying material containing obscene nudity or pornographic material.
• Displaying material that exploits children under 18 years of age
• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

Fuzion Host takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

The following activities are not allowed:

• Unsolicited bulk or commercial messages ("spam"). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
• Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
• Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account ("mail bombing").
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.

Note: If you use the services of another provider to promote a web site hosted by or through Fuzion Host (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any Fuzion Host client in good financial standing with Fuzion Host at the time of a service outage.

(2.) Service Level Agreement & Specifications
Fuzion Host endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from Fuzion Host to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Fuzion Host's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Fuzion Host NOC. Fuzion Host's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Fuzion Host network.

(3.) Credits
a. Shared Hosting - In the event that your web site is not available for more than 99.9%, Fuzion Host will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

Monthly Uptime	Credit
95% to 99.8%	10%
90% to 94.9%	20%
89.9% or below	50%

b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month.

Minutes of continuous downtime	Credit
60	10%
5+ 60 minute intervals	25%

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to billing@FuzionHost.com . For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Fuzion Host. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Fuzion Host, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Fuzion Host's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Fuzion Host's "terms of conditions and acceptable use policy" causing a machine to fail as a result.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact noc@Fuzion Host.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. (this section does not apply to managed dedicated servers)

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.

Disk Overages

All Fuzion Host accounts come with metered disk space. Should you use more than your alloted disk space you will be charged $.25 per megabyte per month.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are NOT charged for all new accounts.Major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. Fuzion Host reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies Fuzion Host, via it's cancellation procedures, to request for termination of services. All payment is in U.S. currency. Fuzion Host will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. All Fuzion Host accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $10.00 fee. Please contact the billing department at billing@Fuzion Host.com should you wish to change your anniversay billing cycle. Any account that is not brought current prior to deactivation will be charged a $15.00 reactivation fee as well as a $15.00 late charge, per domain deactivated. In addition, if your credit card declines for any reason Fuzion Host will charge your account an additional $1.00 service charge every time your card is declined.

Cancellation

Fuzion Host reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Fuzion Host if Fuzion Host institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of Fuzion Host's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, add-on/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation. For web hosting contracts of 3 months or less, the full contract amount less any setup fees and overages will be refunded if Fuzion Host is notified within the first 30 days following activation. No refund is available after the 30th day. For web hosting contracts longer than 3 months, a refund equal to one half of the contract amount less any setup fees and overages will be given if Fuzion Host is notified prior to the first day of the third month of the contract term. If you cancel prior to the end of your contract term and you received special pre-pay rates, your hosting fees will be adjusted so that you pay the regular, non-discounted monthly fees. No refunds for any reason will be given once the third month of the contract term has begun. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, etc. Due to security concerns, all account cancellations must be done via email by following our cancellation instructions . Phone requests will not constitute acceptance of any cancellation. Refunds will be made by company check or issued back to your credit card within 30 days of receipt of cancellation, at maximum.

Intellectual Property Rights

Material accessible to you through Fuzion Host's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Fuzion Host or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Fuzion Host network. If you use a domain name in connection with Fuzion Host or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the Fuzion Host network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Fuzion Host will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to Fuzion Host a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by Fuzion Host under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

Fuzion Host shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by Fuzion Host and Fuzion Host reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Customer agrees to pay Fuzion Host prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the Fuzion Host price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. Fuzion Host reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from Fuzion Host to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by Fuzion Host) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to Fuzion Host as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Fuzion Host will reinstate Customer's domain name registration solely at Fuzion Host's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

Fuzion Host reserves the right to refuse service to anyone. Customers may only use Fuzion Host server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of Fuzion Host management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in Tarrant County, Texas, and any dispute will be litigated or arbitrated in Tarrant County, Texas. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Tarrant County courts. IN NO EVENT SHALL Fuzion Host'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD Fuzion Host HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST Fuzion Host, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT'S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS Fuzion Host AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH Fuzion Host'S SERVER; (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 CUSTOMER FROM Fuzion Host'S SERVER.

Privacy Policy

All info collected by Fuzion Host shall not be sold or traded inany way.We maintain the full privacy of our customers.

Disclaimer

Fuzion Host WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. Fuzion Host MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. Fuzion Host DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY Fuzion Host AND ITS EMPLOYEES. Fuzion Host RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.