A. WHEREAS, HostingFuze Network provides dedicated server[s];
B. WHEREAS, Client desires HostingFuze Network to provide dedicated server[s];
NOW THEREFORE, the parties agree as follows:
HostingFuze Network SERVICE LEVEL AGREEMENT
This HostingFuze Network Service Level Agreement (“SLA”) applies to all dedicated servers. The Client agrees that HostingFuze Network internal measurements establish the eligibility for any applicable Performance Credit. In the event that the Client determines that a discrepancy in such measurement exists, Client shall promptly notify HostingFuze Network and HostingFuze Network and Client will mutually agree upon the validity and accuracy of the measurement, and upon Client’s eligibility for any applicable Performance Credits.
HostingFuze Network may amend this SLA at any time.
1.Fully Managed Servers
(“Server Port Monitoring“) is defined as the dedicated server participation in the monitoring of services via standard TCP/IP ports. Server Port Monitoring is performed every five minutes and a failure is defined immediately after a monitor trips for the first time. In the event of a failure if no communication is made with the Technical Support Department the procedures you have outlined will be performed. It is the responsibility of server owner to define the action to perform (QRR) in the event of a failure. This service includes up to eight Port/Services/Daemons that can be monitored in this fashion.
(“Standard Network Based Security“) is defined as the overall core network security that HostingFuze Network provides every customer. This security is provided on the network level and includes secure router configurations, frequent network scans, and overall knowledge of maintaining a secure network. This service does not imply any server-based security, firewalls, DDOS/Attack protection on the server level, or Anti-Virus/Spyware based protection.
(“24/7/365 Technical Support“) is defined as having direct access to our technical support team 24 hours a Day, 7 Days a Week, 365 Days a year. All support provided is free of charge pending the server task that is being requested takes less than 15 Minutes. HostingFuze Network provides a three-hour or less response time guarantee on all support requests.
(“Hard/Soft Manual Reboots in 10 Minutes or less“) is defined as your request being processed in 10 minutes or less for server reboot requests. The HostingFuze Network Support Team prefers the soft/hard reboot system as it preserves overall integrity of hardware and operating systems. The 10-minute turnaround time is defined as the time you place the request until the power or reboot command is issued. In some cases additional time is required by operating system software to perform necessary functions on the server. Best effort is made to expedite server reboots as quickly as possible.
(“Host Based IDS“) is defined as Intrusion Detection Systems that are used to sniff out network packets giving you a good understanding of what is really happening on a server. IDS have the capability of distinguishing different types of network traffic on the same port number. IDS have the ability to drop malicious packets that may cause your network harm. Customers using Windows 2003/2008 will be provided with an installed copy of Black ICE Defender for additional cost and customers using Linux will be provided with PortSentry and/or APF/BFD.
(“Auto O/S updates and patches“) is defined as automatic operating system updates and patches as part of our routine procedures. This will be a part of a continuous maintenance period of updates that take place on a regularly. As new kernels, security patches, service packs, and hot fixes are released the servers will be updated automatically. Notification of updates is provided when they occur, and prior-notifications are dispatched whenever applicable.
(“Resource Monitoring“) is defined as the addition of the dedicated server to our application based monitoring system. The monitoring application will monitor the overall disk space, processor utilization, and memory usage with notification when thresholds are exceeded. This service is customized on a per server basis and requires the submission of a “Monitoring Configuration/Procedure” template.
(“On-Demand Server Health Check “) is defined as a customer initiated request to review the overall health of the server. This can and may include review of memory usage, processor usage, disk space, and general configuration of the server. Server Health Checks allow a seasoned engineer to review the overall health of the server and provides you with a professional evaluation and recommendations (if any) for improving your server’s health & efficiency.
(“Advanced Support“) is defined as advanced technical support for dedicated servers. This support can be used for any number of support services and includes server troubleshooting, software configuration, OS configuration, OS reinstalls, and any task that does not fall under the “free support” provided with the server. For various levels of ServerS a particular amount of time is provided.
(Five Hours Per Month)
(“Server Anti-Virus Protection“) is defined as file based anti-virus software that will be installed on the server to protect your server from malicious viruses. Virus definitions will be updated on a regular basis as well as a full scan of the server in question. Customer will be provided alerts to any viruses that are found and quarantined/eradicated, if requested.
(“Hardware Based Firewall Protection“) is defined as the inclusion of a hardware based firewall for protecting your server. Firewalls increase security and, when properly configured, will prevent certain disasters from occurring. With this service our administrators will configure and maintain a firewalled routing perimeter for the server in question. This service is per request at additional pricing.
1.2. HostingFuze Network.com Network (“HostingFuze Network.com Network”) is defined as the equipment, software, and facilities within the HostingFuze Network critical network segments, including HostingFuze Network contracted connectivity services to which the HostingFuze Network hosting environments are connected and are collectively utilized by HostingFuze Network to provide dedicated and co-location services. In total we have 20,000mbits of network connectivity for our Servers. We have 2 x 10 Gbps uplinks for our data center. Each Server in our data center is setup on 100 Mbps, fully-switched port on an edge switch. Each edge switch is then in turn plugged into two separate aggregation switches at 1gbit, with failover redundancy allowing either 1gbit link to fail.
1.3. Service Availability (“Service Availability”) is the total time in a calendar month that the HostingFuze Network.com critical network segments are available through the Internet, provided that Client has established connectivity. HostingFuze Network takes responsibility for the Service Availability within its immediate routing perimeters, and cannot be held liable for problems directly related to an upstream bandwidth provider. The HostingFuze Network critical hosting environments will be available to clients free of complete (minor latency notwithstanding) environment-wide outages for 100% of the time in any given month.
1.4. Service Downtime (“Service Downtime”) is any unplanned interruption in Service Availability during which the Client is unable to access the services as described in preceding section 1.3, provided the interruption is determined to have been caused by a problem in the immediate HostingFuze Network network segment as confirmed by HostingFuze Network. Service Downtime is measured as the total length of time of the unplanned interruption (complete network outage) in Service Availability during a calendar month. HostingFuze Network provides direct support and expertise in any software it directly provides, while any unplanned outages due to third-party software failure are the direct responsibility of the software publisher/third-party provider, not HostingFuze Network
1.5. Scheduled Service Downtime (“Scheduled Service Downtime”) is any HostingFuze Network interruption of Services. Scheduled Service Downtime occurs during a HostingFuze Network standard server maintenance window, which occurs in conjunction with a 24 hour notice to the Client via electronic communication. Said downtime is coordinated with the Client to the best of HostingFuze Network abilities as to align the window of maintenance with the Client’s explicit wishes.
1.6. Performance Credit (“Performance Credit”) occurs when 100% uptime is not met. HostingFuze Network will refund the customer 5% of the monthly fee for each 30 minutes of downtime (up to 100% of the customer’s monthly fee). Network downtime is measured from the time a trouble ticket is opened by a customer to the time the server is once again able to transmit and receive data.
A performance credit shall not be payable unless you request it within 40 days of the end of the calendar month in respect of which the Uptime Service Level was not met. The maximum Service Credit allowable in a given month is limited to the total monthly Fee payable for that month.
1.7 Monitoring Service (“Monitoring Service”) is the service HostingFuze Network provides in order to analyze availability of TCP/IP based services and applications through its internal monitoring system. To participate in this, HostingFuze Network must have valid, administrative access to repair the server in the event of a service or operating system failure.
1.8 Billable System Administration (” Billable System Administration”) is operation, configuration, performance tuning, security configurations, and any interaction with the operating system or software installed on the server in question that is not already provided within the Server Management plan of the server in question.
2. Service Downtime Performance Credit.
2.1. In the event of Service Downtime in which monthly Service Availability is less than 100%, Client will receive a Performance Credit as described in section 1.6 of this document.
3. Service Exclusions.
3.0.1 This SLA does not cover Service Downtime caused by problems in the following:
- Client’s local area network.
- Client-provided Internet connectivity or end-user software.
- Entities inside Client’s internal network including, but not limited to, firewall configuration and bandwidth shaping, local area workstations, or other servers, equipment, and software that have a potential bearing on the local networking environment.
- Any predetermined Scheduled Service Downtime.
- Any problems beyond the immediate HostingFuze Network network segment.
- Downtime or interruption to service as a result of a DoS or DDoS Attack, SYN, Port Flood, SQL Injection or similar.
Any interruptions, delays or failures caused by Client or Client’s employees, agents, or subcontractors, such as, but not limited to, the following:
- Inaccurate configuration.
- Non-compliant use of any software installed on the server.
- Client initiated server over-utilization.
- Any problems related to attacks on the machine such as hacking, bandwidth-based attacks of any nature, and service or operating system exploits.
- Problems associated with Operating System, Software, or Applications.
3.0.2 Billable System Administration which applies to any “advanced support” not covered under the given Server Management Services and defined in section 1.8 includes the following. Servers have an specified amount of “advanced hours” that are included. In the event these are exceeded billable system administrations will apply, based on approval from client.
System Administration of the client’s server.
Software installations performed by HostingFuze Network
Virus and Security Scans of the server.
Configuration of the operating system, services provided on the server.
Security auditing and resource management & efficiency of the server.
Server Hardware for Dedicated Servers
4.01 Hardware is defined as the Processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included under the server lease. This guarantee excludes the time required to rebuild a RAID array.
4.0.2 Hardware Replacement Guarantees and service levels are defined as applying to servers less than 24 months in production and apply to only the Dell PowerEdge line of servers. Two Hour Hardware Replacement is only available to specific Dell Platforms at our Maidenhead Datacenter.
4.0.3 Hardware Replacement will occur within two hours of the reported problem, HostingFuze Network will refund 5% of the monthly fee per additional one hours of down time (up to 100% of customer’s monthly fee).
4.04 Restoration is defined as returning the server to its original configuration, as per the date the server first went live on the network. If hardware failure causes corrupted operating system, data files, or damaged service configurations, HostingFuze Network will restore the system to its original state however possible.
4.0.5 Hardware Upgradation:- The cost of the hardware peripherals at the time of ordering the server & on subsequent upgrades would be different. A one time setup fee would be applicable in all cases.
4.06 HostingFuze Network is not responsible for the restoration of data to server. If hardware failure is experienced and subsequent data loss occurs, client is ultimately responsible for data restoration. HostingFuze Network shall not be liable for loss of data under any circumstances.
4.07 HostingFuze Network does not take responsibility for the overall security of servers. If servers are compromised in any way, HostingFuze Network reserves the right to immediately audit the server. Our medium to upper-tier dedicated service plans receive monthly security auditing, per request, as part of our overall Server managed services program but security is the responsibility of the client. HostingFuze Network reserves the right to cancel service if servers are compromised via the implementation of weak password schemes, elderly backend application content and scripting, or via other blatant disregard to simple security measures. A fee of $30.00 per hour will be incurred in respect to any security related work performed due to any such server being compromised by negligence on the part of the server owner.
4.0.8 Server Migration:- If a customer wishes to migrate from one dedicated server to another dedicated server, they would have to go through the 30 (thirty) day notice period for the old server also. The old server would have to be cancelled & a new server order would have to be placed. Data migration would commence only after both the formalities have been completed. There would be no charges for migration of data when it has to be done from one server of HostingFuze Network.com’s network to another server within the same network. Customer charges are applicable for data to be moved into HostingFuze Network.com’s servers. Charges would be applicable on a per – case basis.
Terms of Service
Requests for cancellation must be submitted through our helpdesk at “Dedicated Server Support” section. A 30 (thirty day) notice has to be given if the client wishes to cancel their services. This notice has to be given from the registered email address for the hosting account in HostingFuze Network.Upgradation records. If, in any case, the client does not give a 30 day notice, the next renewal will be charged to the customer’s account. This is binding on all dedicated server contracts. The notice is excluding the day of termination. For instance if your renewal date is 7th December, then the cancellation notice has to be served on 7th November itself.
Establishment of this service is dependant upon receipt by HostingFuze Network of payment of stated charges. Subsequent payments are due on a reoccurring date that coincides with the date of signup. The accepted methods of payment are credit card (Visa, MasterCard, American Express, and Discover), PayPal, wire transfer & cheque. Customers are responsible for any additional transaction fees that coincide with any payment methods. Cheques, money orders, and wire transfers should be sent at least 7 days prior to the invoice due date to help ensure that the payment is received by HostingFuze Network in a timely manner.
The Company reserves the right to deny Client the use of any payment method for, but not limited to, abuse or misuse of a payment method. Abuse of a payment method may also be grounds for further disciplinary action up to and including the immediate and permanent cancellation of the customer’s services or their entire account with The Company.
Payment for services must be received by The Company prior to the end of the five day grace period allowed for services.
If a cheque is returned for any reason, the account will be assessed a $15 service charge. If payment for the returned cheque amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees.
Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. If a cheque is returned for any reason, the account will be assessed a $15.00 service fee. If payment for the returned cheque amount and service fee is not remitted in full by 12 P.M. CST the following business day, the server will be deactivated until payment is received and subject to regular reactivation fees. Accounts that are not collectable by HostingFuze Network.com will be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than $25.00 nor more than $75.00. If you desire to cancel your account, please use https://client.hostingfuze.net/clientarea.php.
HostingFuze Network does not utilize paper or hard-copy invoices. All invoices are sent via email. Clients that normally pay via cheque, or wire transfer will have their invoices emailed, by default, 10 days prior to the invoice due date. Client can request these invoices to be sent prior to 15 days, but no more than 30 days, from the invoice due date.
Refund and Disputes: All payments to HostingFuze Network are nonrefundable. This includes the one time setup fee and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in HostingFuze Network’s sole discretion is a valid charge under the provisions of the TOS and/or AUP, you agree to pay HostingFuze Network an “Administrative Fee” of not less than $25 and not more than $75. Subscription PayPal payments that are not cancelled at the time of your HostingFuze Network.com cancellation will be refunded less any fees and the subscription payment will be cancelled by the Company.
Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.
If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via cheque including eCheque have cleared.
Client acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of The Company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, Client agrees that The Company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of The Company. Client further acknowledges that The Company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Client for services during the period damages occurred. In no event shall The Company be liable for any special or consequential damages, loss, or injury.
IP Address Ownership: If HostingFuze Network assigns Customer an Internet Protocol address for Customer’s use, the right to use that Internet Protocol address shall belong only to HostingFuze Network, and Customer shall have no right to use that Internet Protocol address except as permitted by HostingFuze Network in its sole discretion in connection with the Services, during the term of this Agreement. HostingFuze Network shall maintain and control ownership of all Internet Protocol numbers and addresses that may be assigned to Customer by HostingFuze Network, and HostingFuze Network reserves the right to change or remove any and all such Internet Protocol numbers and addresses, in its sole and absolute discretion. Our allocation of IP addresses is limited by ARIN’s new policies. These new policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses. What this means to you is that you MUST use name-based hosting where possible. We will periodically review IP address usage, and if we find that clients are using IP addresses where name-based hosting could be used, we will revoke authorization to use those IP addresses that could be used with name-based hosting.
Bandwidth Usage: Customer agrees that bandwidth that exceeds the given rate on a monthly basis will pay an “overage” as detailed on the HostingFuze Network website. HostingFuze Network will monitor Customer’s bandwidth via RTG. HostingFuze Network shall have the right to take corrective action if Customer’s bandwidth is excessive and interrupts service for other customers. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in HostingFuze Network’s sole and absolute discretion. If HostingFuze Network takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, HostingFuze Network may, at its sole discretion, collect a deposit, in an amount determined by HostingFuze Network, against customer’s credit card on file with HostingFuze Network.
System and Network Security: Users are prohibited from violating or attempting to violate the security of the HostingFuze Network Network. Violations of system or network security may result in civil or criminal liability. HostingFuze Network will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
- Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, “flooding”, “mail bombing” or “crashingEvia known vulnerabilities or similar circumstances.
- Forging any TCP/IP packet header in a network transmission or any part of the header information in any e-mail-based or newsgroup posting.
- Taking any action in order to obtain services to which such User is not entitled.
- Addition of IP addresses that have not been specifically assigned to the server.
- Notification of Violation: HostingFuze Network is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
Notification of Violation: HostingFuze Network is under no duty to look at each customer’s or user’s activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
First violation: Any User, which HostingFuze Network determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at HostingFuze Network’s discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations
Second Violation: Users that HostingFuze Network determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.
We reserve the right, to drop (blacklist/nullroute/unroute) the section of IP space involved in Spam/Virii/Illegal-Distributions or Denial-of-Service/Packetstorm complaints if it is clear that the offending activity is causing moderate to major harm to parties on the Internet. In particular, if open SMTP relays are on your network or a customer’s network, or if denial-of-service attacks are originating from your network space. In certain, rare cases, we may have to take action before attempting to contact you. If we do this, we will contact you as soon as is feasible, once the situation is stabilized.
Suspension of Service or Cancellation: HostingFuze Network reserves the right to suspend network access to any customer if in the judgment of the HostingFuze Network network administrators the customer’s server is the source or target of a violation of any of the other terms of the AUP or for any other reason that HostingFuze Network deems necessary. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer’s machines were suspended.
Indemnification: HostingFuze Network wishes to emphasize that in agreeing to the HostingFuze Network Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies HostingFuze Network for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to HostingFuze Network or the bringing of any claim against HostingFuze Network by any third-party. This means that if HostingFuze Network is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages awarded against HostingFuze Network, plus all costs and attorney’s fees.
Miscellaneous Provisions: The Client must provide The Company with, and keep current, good contact information. E-mail, fax, and telephone contacts are used, in that order of preference. A waiver by the Company of any breach of any provision of this Agreement by Client shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.
Client shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Client. Company reserves right to cancel Clients rights under this contract at anytime without further obligation
HostingFuze Network takes no responsibility for any material input by others and not posted to the HostingFuze Network Network by HostingFuze Network. HostingFuze Network is not responsible for the content of any other websites linked to the HostingFuze Network Network; links are provided as Internet navigation tools only. HostingFuze Network disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party’s violation of this policy.
HostingFuze Network is not responsible for any damages your business may suffer. HostingFuze Network does not make implied or written warranties for any of our services. HostingFuze Network denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by HostingFuze Network.
Responsibility for Content: The Client as HostingFuze Network’s customer, are solely responsible for the content stored on and served by your HostingFuze Network server.
Support Boundaries: HostingFuze Network, provides 24/7 technical support to our Clients. \ We limit our technical support to our specific areas of expertise. The following are our guidelines when providing support: HostingFuze Network provides support related to your server and the core, critical functions of the OS and basic critical tcp/ip services.
HostingFuze Network does not offer tech support for application specific issues such as CGI programming, Cold Fusion, ASP, .NET , PHP, MySQL, Microsoft SQL or any other programming/database application. HostingFuze Network does not provide technical support for YOUR End-User Clients.
HostingFuze Network partners with a number of software companies and acts as the frontline of support for these products. HostingFuze Network will provide best effort support for applications but does not warrant bug fixes or advanced problem resolution of these products. Escalation of such issues the companies that have programmed the software are subject to the standard $100.00 per hour rate which includes the total amount of time spent. Resolution of bugs and advanced support issues is dependant upon the developers of the software in question.
Any request of technical support warrants the possibility of being charged a system administration fee if the request related to Operating System functionality, software application functionality, or Control Panel functionality. If a staff member of HostingFuze Network is required to login to your server for over 15 minutes and provide support, system administration fees can be applied to your account, depending on the Server profile in question.
SPAM and Unsolicited Commercial Email (UCE): HostingFuze Network takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that Clients of HostingFuze Network may not use or permit others to use our network to transact in UCE. Clients of HostingFuze Network may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Violation of HostingFuze Network SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, HostingFuze Network will initiate an immediate investigation (within 48 hours of notification). During the investigation, HostingFuze Network may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, HostingFuze Network may, at its sole discretion, restrict, suspend or terminate customer’s account. Further, HostingFuze Network reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. HostingFuze Network will notify law enforcement officials if the violation is believed to be a criminal offense.
First violations of this policy will result in an “Administrative Fee” of $250 and your account will be reviewed for possible immediate termination. A second violation will result in an “Administrative Fee” of $500 and immediate termination of your account. Users who violate this policy agree that in addition to these “Administrative” penalties, they will pay “Research Fees” not to exceed $100 per hour that HostingFuze Network personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your HostingFuze Network.com dedicated server environment.
As our Clients are ultimately responsible for the actions of their clients over the HostingFuze Network network, it is advisable that Clients develop a similar, or stricter, policy for their End-Users as to avoid violation of our End-User Content Policy (EUCP).
HostingFuze Network has the right to enter into this Agreement and to grant the rights granted in it.
HostingFuze Network shall, in good faith, comply with the terms of this Agreement.
The goods and services provided by HostingFuze Network are provided “AS IS”, WITHOUT WARRANTY OF ANY KIND TO CLIENT OR ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4)QUALITY; 5) NON-INFRINGEMENT; 6) QUIET ENJOYMENT; AND 8) TITLE.
CLIENT AGREES THAT ANY EFFORTS BY HostingFuze Network TO MODIFY ITS GOODS OR SERVICES SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS, AND THAT ANY HostingFuze Network WARRANTIES SHALL NOT BE DEEMED TO HAVE FAILED OF THEIR ESSENTIAL PURPOSE. CLIENT FURTHER AGREES THAT HostingFuze Network SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND WHETHER UNDER THIS AGREEMENT OR OTHERWISE, EVEN IF HostingFuze Network WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS GROSSLY NEGLIGENT. MODIFICATIONS MADE TO CLIENT’S WEB SITE BY CLIENT OR ANY THIRD PARTY VOIDS ANY REMAINING EXPRESS OR IMPLIED WARRANTIES. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, HostingFuze Network liability is limited to the greatest extent permitted by law.
The parties expressly recognize that HostingFuze Network does not operate, control or endorse any information, products or services on the Internet, and that any entities that do offer such information, products or services are not affiliated with HostingFuze Network. HostingFuze Network does not make any express or implied warranties, representations or endorsements TO CLIENT OR ANY THIRD PARTY whatsoever with regard to any information, products or services provided through HostingFuze Network AND OBTAINED OR CONTRACTED OVER the Internet, including, without limitation, warranties of: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NON-INFRINGEMENT; 7) QUIET ENJOYMENT; AND 8) TITLE. HostingFuze Network shall not be liable to CLIENT OR ANY THIRD PARTY for any cost or damage arising either directly or indirectly from any transaction involving third parties’ information, products or services. Some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, and, as such, some portion of the above limitation may not apply to Client. In such jurisdictions, HostingFuze Network liability is limited to the greatest extent permitted by law.
The parties expressly recognize that HostingFuze Network cannot and does not guarantee or warrant that files available for downloading through HostingFuze Network will be free of infection, viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties. Client agrees that it shall be solely responsible for implementing sufficient procedures to satisfy Client’s particular requirements for accuracy of data input and output, and for maintaining a means external to HostingFuze Network for the reconstruction of any lost data. The parties also expressly recognize that the Internet contains unedited materials, some of which are unlawful, indecent, or offensive to Client, and access to such materials by Client is done at Client’s sole risk.
This Agreement and all attachments or Exhibits supersede any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified only in writing, and shall be effective only after affixation of both parties’ signatures.
By signing this agreement you are activating your account on a Month-to-Month basis. Term Service Plan are available by contracts provided by [email protected] Network.com
Term Service Plan. You may be eligible for a fixed length Dedicated Server/Co-Location Service Plan (“Term Service Plan”) or for a month-to-month Service Plan (“Non-Term Service Plan”). Except as permitted by the Agreement, you must maintain service with us on your Term Service Plan for the minimum term of 1 Year associated with that Term Service Plan. To execute this option please contact [email protected] Network.com
Your Service Plan sets out the charges for Services and is your Service Plan until that Service Plan is changed, you switch to a different Service Plan, or your Services terminate.
Termination. Termination Of Service Plan. EXCEPT AS PERMITTED BY THE AGREEMENT, IF YOU TERMINATE YOUR TERM SERVICE PLAN BEFORE THE END OF THE TERM, OR IF WE TERMINATE SERVICES FOR VIOLATIONS OF THIS CONTRACT BEFORE THE END OF THE TERM, YOU WILL BE REQUIRED TO PAY THE EARLY TERMINATION FEE of 50% of the remaining contract. After the expiration of the term, the Terms relating to Non-Term Service Plans apply.
Termination. Non-Term Service Plan. If you are on a Non-Term Service Plan, you may terminate Services at any time by giving us notice.
Client agrees that the order placed online is accurate that all services requested from HostingFuze Network are contained within this agreement. Included with this contract you should print off and sign the first invoice that was generated for you. This can be retrieved via https://client.hostingfuze.net/clientarea.php.