At FusionHost, we will provide hosting for your website on our multiple servers for a specified fee paid in advance. Based on the package you choose, you will be entitled to the services listed in its specifications. In return, we expect you to comply with the terms and conditions that are mentioned on this page, and in any other agreement which is associated with the services will provide you. To ensure clarity, “services” means web hosting services and services offered to affiliates based on their program, whereas “us” or “we” refers to FusionHost. FusionHost is the trading name for FusionHost Ltd.
Once you purchase our web hosting services, you need to upload all of your content onto our servers. This process creates duplicates on our server, and gives us the permission to retain all your content and make it available to consumers on the Internet. Meanwhile, you are exclusively responsible for all the data and information should be included in your website.
Once you order our services, all your personal information is handled with extreme care and discretion. Personal information of our clients is as valuable to us as it is to them, so we ensure the utmost standards in security when processing your credit card information. This is why we use the industry standard, SSL technology, to handle all our credit card transactions. We guarantee the confidentiality of all your personal details and strictly prohibit the sale of this information to a third party (not applicable to a company that may purchase FusionHost). Stringent measures are taken in compliance with the Data Protection Act 1998 to ensure that your information stays safe and sound.
You also agree to be contacted by a http://www.fusionhost.com representative via phone and or email to receive information about our latest products and services.
Please feel free to contact us for any questions, comments or requests in respect to our services at support[at]fusionhost.com.
FusionHost follows strict guidelines when it comes to creating backups of all your data. Our technical experts maintain weekly backups. However, malfunctions may occur with data storage equipment and the backups may fail. This is why customers should regularly create backups of their own data or opt for our daily backup service.
Our customers assume full responsibility when they upload their content to the website. The services FusionHost provides allow us to automatically upload or download the data to and from the customer’s website. The user is accountable for any alterations or modifications made to the website and backups.
FusionHost’s policy states that cPanel accounts using over 20GB disk space or more than 100,000 files will be exluded from the automated weekly backups. In case the server crashes at this point, the data will not be recoverable unles you have an up to date personal backup. In case of any breakdowns or service disturbance, FusionHost is not liable for any damage that might occur to the user content or the user website.
Although FusionHost maintains a backup of all your files, we do not keep backups of the Website or E-mail service. There can be times when your website becomes corrupted or might lose data altogether. We are also not liable in case the backup of your website becomes corrupted. This is why we encourage customers to copy all the data from their website to their local hard disk. If you chose not to do so, you still have many other ways to create an external backup of your content and make sure that your data is never lost.
FusionHost believes in providing high quality services. Thus, the following are the usage guidelines we abide by:
If any of the above listed circumstances occur, FusionHost has the right to terminate the user’s account without notification. After signing the contract of approval, the customer takes full liability of whatever actions are carried out by him/her. FusionHost will not be held liable for a customer’s inability to follow the law. We encourage customers to contact us immediately at abuse[at]fusionhost.com if they see the infringement of any law occurring through our services.
Anything tangible or intangible provided by FusionHost such as our services, equipment, devices, etc. are meant to be used in accordance with the law. FusionHost retains the right to screen all activities being carried out on the servers to make sure that there is no infringement of law. This is done to provide safety against unwanted access of your account, to authenticate security protocol, and ensure the smooth operation of our systems and business. If needed, data may be inspected, documented, and replicated for authorized purposes. By purchasing services from FusionHost, a customer offers consent to be monitored for the aforementioned objectives.
FusionHost retains the right to decline services to anyone for whichever reason. Content that is offensive in any way and infringes our terms of service may be removed from our servers without any notification. Any material that we believe is obscene, intimidating, illegal, or violates our terms of service in any method may be removed from our servers (or otherwise rendered inoperative), with or without notification.
If our customer receives an email from the Abuse Department, a reply will be necessary within 48 hours Failure to respond may lead to the suspension or termination of your account and services. To make this process easier for customers, we have a ticket system which ensures handles any complaints within 48 hours. If you feel that an error had occurred regarding the eligibility of your account or website, feel free to contact us at abuse[at]fusionhost.com and we will be more than happy to assist you.
Mental or physical harm to children is severely punishable at the hands of law enforcement. FusionHost prohibits any content that is similar or linked to child pornography, and direct violation of this rule will have the customer’s accounts immediately terminated without notification. Resellers will have their website suspended initially, and if they are unable to prove their innocence or adhere to the guidelines, their accounts will be terminated without notification.
It is in the customer’s best interest that all content located on their website is in accordance to our standards. It is the customer’s responsibility to prevent any unauthorized access to their account. In case a customer’s account is hacked and used against the prescribed law, the customer is liable for damages incurred. Account permissions should be at maximum restriction at 644, whenever possible. Any infringement of these rules will be relayed to the respective law enforcement agency.
Customers should keep their username and password in a safe place. If the password is not strong enough, FusionHost reserves the right to suspend your account until you submit a more secure password.
Files larger than 10MB are required to be associated with the same account and should be available to the public via any domain name that is linked to your account. Files that are larger than 10MB are not allowed to occupy more than 40% of the data on your hosting account.
FusionHost takes SPAM very seriously, which is why accounts are terminated without any notification once doubted of spamming. Accounts that have been blacklisted by ROKSO are not allowed to register on our website.
Any client that gets banned is forbidden to use FusionHost’s service and IP space. Websites that are advertised through SPAM are not allowed hosting on our servers. In addition, if customers are caught while sending unsolicited emails, spam, or even bulk emails, their accounts can potentially be terminated. SPAM is also prohibited by means of email, fax, Usenet, or instant messaging. FusionHost retains the right to address modifications or disable any website if needed. Any account, database, or other factor that is non-compliant with our policies may be altered without any notification. FusionHost charges an e-mail clean up fee, and the cost is at the discretion of FusionHost.
FusionHost offers its customers a wide variety of unlimited resources once they have made the initial payment for the specific service. Users can reap benefits from unlimited bandwidth, disk space, email, databases, and FTP accounts if they opt for the “Unlimited” package.
We expect our customers to comply with average usage trends and any usage that is unreasonably high can lead FusionHost to suspend or terminate the account regardless of the amount of disk space or bandwidth the user has. FusionHost also prohibits a few customers from negatively impacting other customers’ services. A user’s utilization should not surpass the amount allotted by FusionHost under the average usage guidelines.
FusionHost provides web hosting services for normal usage, therefore, a customer is encouraged to use the space for uploading Web files and other content related the website. Storage of media that is not related to the Website is unacceptable. A customer is responsible for removing any such files that are unrelated to their website. If a customer is unable to meet these requirements, their files may be deleted by our staff or the account may be suspended or terminated. FusionHost reserves the right to carry out the appropriate action.
FusionHost is entitled to observe user’s bandwidth, disk and other usages. We retain the right to take any action we find necessary to uphold our level of quality in terms of bandwidth, disk utilization, or any other resourced we offer. Customers are liable to pay charges on the actions FusionHost carries out, such as the removal of a website or termination of any or all services.
FusionHost holds its customers responsible for abiding by all rules, regulations, and requirements. Usage of bandwidth, disk space or any other resources should not go over the assigned limit in the Agreement. FusionHost will attempt to contact customers to inform them about their utilization limits. However, we are not liable if the customer does not receive the email or does not check his/her inbox regularly. We retain the right to take any action deemed necessary if a customer exceeds their usage limits.
The term “Unlimited Domains” also refers to parked domains, sub-domains and add-on domains. Any action that has an outcome of excessive usage, i.e. contradictory with normal usage trends, is strictly forbidden. FusionHost services are provided for normal use only and we retain the right to suspend or terminate a user’s account whether they have unlimited parked domains, sub-domains or add-on domains. Users agree to not exceed the limits set by FusionHost for the services purchased, and are occasionally subject to average usage procedures determined by FusionHost. These portions are optimized and committed towards allocating the content and user’s active e-mail services related only to User’s web hosting accounts with us.
Users are required to obey all applicable laws, rules and regulations regarding the user’s website, user content, and/or e-mail services. Users must utilize resources such as bandwidth, disk usage, and other resources for lawful purposes only. In case FusionHost takes any remedial action under this section for abusing the servers resources or for hosting illegal or forbiddon content, the user is not permitted a refund or credit of any fees paid before committing such an action.
The user is forbidden from using the services to:
If FusionHost discovers that the user is breaching any law related to the user's web site, content and/or electronic mail services, use of bandwidth, disk usage or other resources or Agreed Usage, FusionHost reserves the right to notify the necessary law enforcement and/or any related agency/agencies of such behavior and may provide them with information related to the user, user's web site, user’s content and/or the user's e-mail.
Customers are not allowed to use more than 20% of system resources for a duration longer than 90 seconds. The following are the factors that may cause this problem:
If customers intend on using PHP operations containing local files, they should incorporate the local file instead of the URL. An example would be, include (sample.php) rather than include (yourdomainname/sample.php)
If customers are utilizing excessive capacity of our CPU and memory resources, we reserve the right to suspend the service. FusionHost has the right to suspend accounts that occupy more than 10% of server resources and/or 10% of the server’s CPU.
To avoid suspension, a customer can upgrade their hosting package. FusionHost will give you ample warning time before taking your website offline.
FusionHost reserves the right to suspend a shared account which utilizes more than 100,000 inodes. These accounts are also immediately disconnected from our backup mechanism to prevent over-utilization. Whether it is an image file, audio clip, or webpage, they all use one inode. Users who exceed the limit of 100,000 inodes slightly do not face suspension. However, accounts that are in the regular habit of creating and removing large files may be suspended. In addition, users who have thousands of files or who are the reason behind file system damage may face suspension. As for emails, it is important to delete them from time to time so that the number of inodes allocated won’t cross the maximum limit set by FusionHost. To halt your default mailbox, login to cPanel and choose "Mail", then "Default Address", "Set Default Address", and then type in: :fail: No such user here
PHP has been configured to use the following settings on our shared and reseller servers:
safe mode = Off (cannot adjust) memory_limit = 64M (MAXIMUM) max_execution_time = 30 (MAXIMUM) max_input_time = 60 (MAXIMUM) post_max_size = 64M (MAXIMUM) upload_max_filesize = 64M (MAXIMUM) enable_dl = Off (cannot adjust)
The above settings either CANNOT be changed or cannot be exceeded on our shared and reseller accounts. These limits are set to prevent extremely high resource usage in shared environments. We have found that a majority of the PHP scripts will work within these limits, and the scripts that require more resources are best suited for a VPS or dedicated server. Dedicated servers and VPS can change and raise these settings to any value desired.
We also set the following:
register_globals = On magic_quotes_gpc = Off
These two settings, and any other PHP settings not aforementioned, can be changed using a custom php.ini file located in the same folder as the script that requires the settings.
FusionHost is geared and eager to assist its customers 24/7. There are times when some resources are not available due to various reasons, so we ask you to be patient.
There are a variety of reasons why your services may not function properly. Inevitable factors such as equipment and device malfunction or failure of digital transmission links, or malicious network attacks occur occasionally. FusionHost guarantees to fix the problem as soon as possible.
FusionHost has an effortless cancellation policy in case customers are not satisfied with our services. Customers can avail the 45 Day Money-Back Guarantee on any hosting plan. The customer receives a refund of all the money they paid in advance and for the remaining period or hosting services that they will not avail. Initial setup charges, addon charges, domain registration and domain transfer charges are non-refundable. If the customer ordered a hosting plan with a FREE domain name, the domain name registration or transfer costs will be deducted from the amount refunded. The deduction will be equivalent to the price of a domain registration/transfer at the time of purchase. We do not issue prorata refunds after the guarantee period has expired. Customers can cancel their account by e-mailing our billing department or by clicking the cancellation link from within the client control panel.
The following are the non-refundable services:
If a customer is offensive and disrespectful towards our staff, FusionHost retains the right to cancel their account with a 72-hour notice.
FusionHost customers can take advantage of the auto-renewal system, which automatically renews their account status and domain. The customer’s credit card, which was initially presented when signing up, is charged again. If customers wish to discontinue their service, they must do so 14 days before the renewal date. If you have any further questions concerning renewal date procedures or want to know your renewal date, please feel free to call us or visit us at https://clients.fusionhost.com.
Payment must be made within 14 days of receiving the invoice, or else FusionHost will temporarily suspend your account until the payment is received. Customers are encouraged to pay on time because suspension of their account will make their data inaccessible. Once the full payment is made within 14 days, FusionHost will reactivate the account immediately. Customers should choose an active method of payment each month to enable the auto-renewal system. The inability to make payments on time will cause the suspension or termination of your account.
Customers should be aware of FusionHost’s policy for data retention. If the payment is not made within 60 days from receiving the invoice, FusionHost has the right to delete all the content you had uploaded to our servers.
FusionHost will soon be offering Google Adword coupons with the hosting packages to citizens of USA and UK. The coupons will only be availed if the user has a new Adwords account or an account that is less than 14 days old.
FusionHost will soon be offering customers ad credits from Facebook and MySpace. The credits will be available only to new Facebook and MySpace advertisers. These ad credits will only be obtainable in USD to citizens of USA.
Domains can be registered and transferred to FusionHost upon creating a new account or can be purchased at a later date. Currently FusionHost offers the following TLD's to be registered or transferred: .com .net .org .biz .info .us. FREE domain names apply to 12 month, 24 month and 36 month billing options only. A customer will be offered 1 FREE domain name registration or transfer when ordering their web hosting account and the FREE domain name must be registered at the time of ordering the web hosting account. Currently FusionHost offers the following TLD's to be registered or transferred as part of a FREE domain offer: .com .net .org .biz .info .us.
Domains with the TLD’s .eu and .com.au are not fully managed by FusionHost due to restraints by our domain registrar. FusionHost can host these domains but only through pointing their nameservers toward us through your already existing registrar.
To make sure that we collect cleared funds for continued hosting service and domain renewal, invoices for renewals will be delivered and charged up to 7 days in advance.
Orders placed by means of virtual/pre-paid/gift cars are not processed by FusionHost due to their lack of accuracy in verification. In case a customer does not have a valid credit card to make the payment, they are encouraged to pay through a PayPal account.
Terms of service are subject to change due to the nature of our evolving business and the disposition of the web hosting industry. Customers will be informed about any changes that are made in our policies. A customer agrees to these changes as long as their contract is still valid.
Website owners who are in violation of copyright are liable to immediate suspension or termination of their accounts in accordance with the Digital Millennium Copyright Act. FusionHost values the intellectual property of others and our customers are obliged to follow suit. In case a customer repeatedly infringes copyright laws, FusionHost reserves the right to suspend or terminate their account. Customers are encouraged to immediately contact our Copyright Agent if they think that their work has been copied or violated in a manner that signifies copyright infringement. Please provide our Copyright Agent the following information:
Our Copyright Agent can be contacted by:
305 Brinsworth Road,
South Yorkshire S60 5EL
By Phone: 0114 360 9000
By Email: support[at]fusionhost.com
In case a lawsuit is filed by a third party against FusionHost host due to your actions as a customer or affiliate, you are liable to pay damages. This is called “Indemnification”, and you are to agree to compensate FusionHost for the amount it pays to settle a case or pass a judgment. You are also entitled to pay FusionHost’s logical attorney’s fees and all other costs incurred by FusionHost in defending itself.
So far the terms of service were relatively easy to read by any layman. However, due to the strict requirements of law, this disclaimer must be stated.
FusionHost EXPLICITLY DISCLAIMS ALL WARRANTIES OF ANY CATEGORY, WHETHER DIRECT OR INDIRECT, CONSISTING OF, BUT NOT RESTRICTED TO, THE INDIRECT WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-VIOLATION. SERVICES ARE RENDERED ON AN "AS IS" AND "AS AVAILABLE" BASIS. FusionHost MAKES NO PLEDGE THAT ITS SERVICES WILL FULFILL YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE CONTINUOUS, TIMELY, FAIL-SAFE, OR FREE OF ERRORS, OR THAT FAULTS WILL BE CORRECTED. FusionHost DOES NOT AFFIRM, NOR MAKE ANY REPRESENTATIONS CONCERNING THE USE, OR CONSEQUENCES OF, ANY OF THE SERVICES IT IMPARTS, IN TERMS OF THEIR SUITABILITY, PRECISION, CONSISTENCY, OR OTHERWISE. Some jurisdictions do not permit the provision of indirect warranties, in which circumstance the preceding disclaimer may not apply to you.
In the case that something goes wrong, the following are the guidelines pursue. FusionHost is not legally held liable. UNDER NO CIRCUMSTANCES SHALL FusionHost BE RESPONSIBLE TO YOU OR ANY OTHER PERSON FOR ANY IMPLICIT, SUPPLEMENTARY, ENSUING, PARTICULAR, TYPICAL OR DISCIPLINARY DAMAGES, AS WELL AS SHORTFALL OF PROFIT OR GOODWILL, FOR ANY SUBJECT, WHETHER SUCH LEGAL RESPONSIBILITY IS AFFIRMED ON THE BASIS OF CONTRACT, TORT(INCLUDING CARELESSNESS, INFRINGEMENT OF WARRANTIES, EITHER DIRECT OR INDIRECT, ANY INFRINGEMENT OF THIS AGREEMENT OR ITS INTEGRATED AGREEMENTS AND POLICIES, YOUR FAILURE TO UTILIZE THE SOFTWARE OR SERVICES, DAMAGE OF DATA OR FILES OR OTHERWISE, EVEN IF FusionHost HAS BEEN INFORMED OF THE POTENTIAL OCCURRENCE OF SUCH INDEMNITY.
A select few states may prohibit such an expansive elimination or restraint on liability for damages as expressed in these terms of services. In such states, our liability is contained to the full amount permitted by law. You concur that in no event shall our highest cumulative liability surpass the total amount paid by you for the services in dispute obtained from us, or, in the event of liability of FusionHost.
If you are or plan on becoming an affiliate of FusionHost, the following terms apply to you.
To partake as an affiliate, it is compulsory that you complete an affiliate application placed on www.fusionhost.com/affiliates/. The application will be assessed, and we will inform you in a reasonable time whether your application has been accepted. At FusionHost’s discretion, we may determine on any basis that your site cannot partake in our network. If you are a U.S. resident, we will require your Social Security Number or Tax ID number. We do not need these details for international affiliates.
FusionHost allocates a unique tracking code to our affiliates. This code is required to be placed in the HTML of your website. The purpose of this code will be to point visitors to your site to FusionHost.com or our other websites when clicked on. Your account will automatically be credited (via our automated system) if a visitor to your site places an order in the subsequent 365 days from the same computer (cookie tracking) or the identical Internet connection (IP tracking).
Affiliates are paid commissions based on successful referrals. The definition of a successful referral or sale is: a non-deceptive, operating for a period of 30 days, not revoked web hosting client who has made full payment for services and has been sent to us through the affiliate tracking link located on your website.
Due to the high rate of credit card fraud and dissolution rates, FusionHost retains the right to keep commissions for up to 60 days for authentication. FusionHost also retains the right to revoke commissions in the circumstance that we are unable to gather finances, the order is counterfeit, the customer withdraws their contract within the first 30 days, or if we discover that the commission was earned unlawfully or for any other reason. Affiliates are barred from providing coupon codes except the ones that are automatically entered on the FusionHost sign up page. In case a coupon code is given within an order of a referral, credit for the sale may not be allotted.
Pay periods last for 2 weeks and there are a total of 2 each month. The initial pay period begins on the 1st of the month and lasts till the 15th. The second is from the 16th of the month until the last day of the month. FusionHost will process and issue payments regarding affiliate commissions for the past month period before this on the prescribed dates.
For example: You earn $600 on March 6th via the FusionHost Affiliate Programs. The commission matures 30 days after we track it, meaning April 6th. The next pay date is April 16th and that is the day you would receive your payment of $600 for the referrals. The gap in time permits FusionHost to assess every order and determine its authenticity. In the circumstance where we are unable to authenticate the order in the given time period, we may, at our exclusive judgment, retain your commission or terminate the order. Commissions that are terminated cannot be restored.
Commission charges are announced on http://www.fusionhost.com/affiliates/ and will be updated occasionally. If you have a sizeable amount of referrals and have received a custom commission from FusionHost, then we may adjust your account settings to indicate this. Any affiliate who is capable of acquiring 5 new customers per month is considered by us for custom commissions. Our affiliate managers are in charge of the various programs and they can be located at: http://www.fusionhost.com/affiliates/
We provide custom commissions for any affiliate who is able to send five (5) or more new customers per month. Our various programs are managed by affiliate managers, who can be found at http://www.fusionhost.com/affiliates/
FusionHost will offer reasonable support to service affiliates. Affiliates who obtain the greatest volume will be allocated devoted account managers. Most commonly, affiliate managers are allocated based on the brand they are promoting.
After your affiliate program application has been accepted, the term of this affiliate agreement will commence and it will end when concluded by either involved party. Either party has the right to terminate the affiliate relationship, with or without reason. A written notice should be presented to the other party. The method of delivery used for this termination notice should be via e-mail to affiliates[at]fusionhost.com. After the contract is void, an affiliate cannot and will not receive commissions for any future referrals.
The regulations of the United Kingdom, will administer this Agreement, without reference to rules governing choice of laws. Any action regarding this Agreement has to be proceeded to courts located in the United Kingdom.
Once you order with us or create an account with us for web hosting services (of any kind) or create an affiliate account at http://www.fusionhost.com/affiliates/, this agreement comes into effect. If you do not agree with the terms aforementioned and are an existing customer, please cancel your account. Or else, if you opt to sign up and continue using our services, you agree to all of the rules and regulations listed above. Please feel free to call us or contact us via our website if you have any questions regarding these terms of service.
By using FusionHost you consent to the above terms of service.