1. Definitions and Interpretation
In this document the following words shall have the following meanings:
“Fusio” means Fusio Holdings Limited having its registered office at 26 Great Strand Street, Dublin D01 R3P6, Ireland.
“Customer” means the party contracting with Fusio for the provision of the services hereunder.
“Resources” means bandwidth and/or processor utilisation.
“Spam” or “Spamming” means any mass unsolicited message in the mediums of newsgroups and e-mail or any similar or other activity which is so deemed by Fusio in its sole discretion.
These terms and conditions are to be read in conjunction with any quotes or terms of service provided by Fusio to customer and are deemed to include same.
Fusio provides World Wide Web page and Email hosting. Fusio reserves the right to suspend or cancel a customer’s access to any or all services provided by Fusio should Fusio decide that the account has been inappropriately used or otherwise. Fusio reserves the right at any time to access, amend, remove or delete any or all data stored on our servers without customer’s prior consent. When customer’s account is closed, all files (including web pages, etc.) will be deleted. Fusio reserves the right to cancel customer’s account at any time without notice. To protect customer’s privacy Fusio does not distribute names or e-mail addresses to any third parties, unless instructed to do so by order of a Court of competent jurisdiction.
3. Server Use
3.1 Fusio reserves the right to refuse service and/or access to its servers to customer or any third party.
3.2 Fusio does not allow any of the following content to be stored on its servers:
3.2.1 Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any law in force in Ireland.
3.2.2 Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Fusio.
3.2.3 Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
4. High Resource Use
When a website is found to be monopolising Resources available Fusio reserves the right at its sole discretion to suspend that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of Fusio’s servers.
5. Spamming or Unsolicited Email
Fusio’s servers may not be the source, intermediary, or destination address involved in the transmission of spam, flames, or mail bombs. Customer’s domain may not be referenced as originator, intermediary, or reply-to address in any of the above. If customer is found to have spammed, then Fusio will immediately, without warning, disable its domain. As such, any violation will result in immediate deactivation of services without any refund.
6. Payment Policies
Fusio reserves the right to change prices of accounts or services at any time. Invoices are issued by email. Renewal items such as Domain Name Registration and website hosting will be billed annually until such time that Fusio is advised by post or email that the service is to be cancelled. In situations where the fees are not paid Fusio may immediately suspend the service. In addition, Fusio reserves the right to suspend other services until the outstanding debt is cleared. Customer is responsible for all money owed on the account from the time it was established to the time that Customer sends a written cancellation request. All payment(s) are in Euro €. Interest shall be payable at the rate of 15% per annum calculated on a daily simple interest basis on amounts which are outstanding for over 14 days following their due date for payment.
7. Cancellation and Refunds
Fusio reserves the right to cancel the service at any time. In this event customer will be entitled to a pro rata refund based upon the remaining period of hosting. If a customer contravenes Fusio’s terms of service a refund will not be issued in the event of a cancellation. Customer may cancel its account at any time. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation. In addition some accounts incur set-up fees; these charges are also non-refundable.
Although Fusio make nightly backups of website, databases and email accounts Fusio is not responsible for files and data residing on its servers or for its safekeeping which shall remain the sole responsibility of customer. Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Fusio’s servers. In particular it is strongly recommended not to store “mission critical” data on Fusio’s servers without ensuring that customer has that data backed up elsewhere.
9. Warranty and Indemnification
9.1 Customer warrants to Fusio that it is entitled either on its own account or by way of licence (compliance with which remains the sole responsibility of customer) to all intellectual property rights or other proprietary rights in relation to all data or material that is capable of being viewed, downloaded or otherwise accessed in any way from the website of customer hosted on Fusio’s servers.
9.2 Customer agrees that it shall defend, indemnify, save and hold Fusio harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against Fusio, its servants or agents, that may arise or result from
9.2.1 any service provided or performed or agreed to be performed by customer; or
9.2.2 any product sold by customer, its agents, employees or assigns.
9.2.3 any injury to any person or property caused by any services provided or products sold or otherwise distributed in connection with Fusio’s server;
9.2.4 any material supplied by customer infringing or allegedly infringing on the intellectual property rights or other proprietary rights of any third party (including infringement);
9.2.5 defamation of any kind uttered by customer or nay party accessing customer’s website;
9.2.6 any defective products sold to customer from Fusio’s server; and
9.2.7 any other cause arising from any third party use or access of customer’s websites on Fusio’s server.
Fusio ensures that all personal information being voluntarily submitted to it in the processing of customer’s order (to be used for record and billing purposes, etc.), inclusive, but not limited to, credit card and other personal information, will be kept strictly confidential and used solely by Fusio its authorised representatives and employees, for the strict purpose for which it was intended, and for the benefit of customer. Fusio agrees not to share, rent, sell or release this information to any individual, entity or third party, for any reason, without the consent of customer; with exception as required by law, regulation or governmental authority. Fusio is committed to protecting and securing all customer provided information, through the use of firewalls and additional security measures in place at its physical facilities to protect against the loss, misuse or alteration of such information.
Fusio will not be responsible for any damages customer’s business may suffer for any cause or reason whatsoever including breach by Fusio of the terms of is agreement with customer and/or negligence of Fusio, its servants or agents. Fusio makes no warranty of any kind, expressed or implied in relation to any services it provides. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Fusio its servants or agents. Fusio reserves the right to revise its terms and conditions at any time.
Fusio shall have no responsibility to customer arising from any cause beyond the control of Fusio or other force majeure.
Should any Court of competent jurisdiction find that notwithstanding the disclaimer aforesaid Fusio should have a financial liability to customer, then such liability shall not in any event exceed the monthly charge invoiced by Fusio to customer for the month in which the event giving rise to customer’s cause of action against Fusio arose.