Terms of Service
This policy governs the use of iFuseHosting's shared and reseller Linux/Windows web hosting services, Virtual Private Servers and dedicated servers.
This document is not exhaustive, and iFuseHosting reserves the right to add, amend, delete, change or otherwise edit its terms without prior notice to existing or potential users.
Complaints regarding any user's abuse or violation of this policy should be sent to abuse@ifusehosting.com, or using the online contact form.
This document was last updated on 10th December 2008.
STATEMENT OF BUSINESS, CORPORATE AND BRAND OWNERSHIP
iFuseHosting is a trading and brand name of iFuse Technologies Limited ("the parent company"), with regard to its web hosting services. The parent company's registered office address is 7, The Old Mill, River Road, Arundel, BN18 9JR. Its registered company number is 05273583.
iFuseHosting's services, web site, communication, brand image and intellectual property are the property of iFuse Technologies Limited only. The employees of iFuseHosting are the responsibility of iFuse Technologies Limited only when trading and/or representing the company.
iFuse Technologies Limited's web hosting services and brand shall therefore, in this document and in the service, be referred to as "iFuseHosting".
INDEMNIFICATION
iFuseHosting's users are required to protect, hold harmless, defend and indemnify iFuseHosting, its parent company, its employees, any third party (individual or entity) involved in conveying the service to the user, executives, directors, attorneys, lawyers, solicitors, consultants, contractors, subsidiaries (which have the same parent company as iFuseHosting), from and against any and all losses, liabilities, judgements, costs, court proceedings, causes of actions, including but not limited to legal costs and expenses, arising out of the user's employment of the iFuseHosting range of services.
IFUSEHOSTING'S SERVICES
iFuseHosting's services in reference to Linux and Windows Shared, Reseller, Virtual Private Servers and Dedicated accounts include, but are not limited to the following:
- Any act of preparing, creating, amending, connecting, maintaining, terminating or reconnecting a user's web hosting account, customer support account, billing account or domain name;
- Any use by users, or accessing services provided by iFuseHosting, of and including, [tele]communications, computing, information, hardware, software, equipment;
- Any act or provision of services to users by iFuseHosting, with focus upon customer support, domain name registration, web hosting accounts, billing, regardless of the user.s billing status or time period;
- Any ready-provisioned service, whether utilised by the user or not, of web space, communication, electrical power, telecommunications;
- Any act of enabling access, disabling access or banning access to any user's web hosting account or services;
- Billing users for their accounts, regardless of usage in a particular calendar month;
- Any other service provided to users whether utilised or not;
- Any or all other provisions, whether used or not, of any other type of service provided to users by iFuseHosting, who shall be the sole arbiter as to what constitutes this clause
OWNERSHIP OF WEB SITE/EQUIPMENT
The owner of each web site or web hosting account utilised by any user and provided by iFuseHosting shall be the listed owner, whether it be an individual, corporation, business, other legal entity or an organisation, which has been entered by the user upon activation or amended by the user.
In the case of the ownership of a web site being a legal entity or corporation, or any other organisational structure which requires official representation, the ownership of the account will permanently reside with the named legal entity/corporation/other organisational structure; unless specifically stated by iFuseHosting.
Users will co-operate fully with iFuseHosting's requests and instructions to enable their database to encompass an image of the ownership of a user's web site. Users will also co-operate fully with any of iFuseHosting's security methods, measures and procedures in the event of a dispute over the ownership of a web site.
In the case of those users who utilise dedicated hosting, the equipment, unless expressed otherwise, will remain the sole property of iFuse Technologies Limited at all times, or those parties which iFuse Technologies Limited is the agent of.
Dedicated customers may rent licenses from iFuse Technologies Limited as part of their service. These licenses are the sole property of the software agents which iFuse Technologies Limited rent them from, and therefore cannot be held responsible for situations which may arise from utilising their software.
ACTION TAKEN BY IFUSEHOSTING
iFuseHosting reserve the right to suspend, limit, terminate or otherwise amend the service of a user who affects other iFuseHosting users adversely, in any way, or otherwise breaches the terms in this document or any other document which binds them in an agreement with iFuseHosting. iFuseHosting will be the sole arbiter as to which penalisation method it utilises for the user.
iFuseHosting users agree to abide by any correction or preventative method that iFuseHosting issue them or to their account.
Other actions which are deemed irresponsible or jeopardise the service conveyed to other users also breach these terms of use. iFuseHosting will be the sole arbiter as to what constitutes irresponsible action, or action which jeopardises the service conveyed to its users.
USER RESPONSIBILITY
Users of iFuseHosting's services are required to use them responsibly. This mainly encompasses ensuring that the service is still available and reliable to other iFuseHosting users through ensuring that a web site does not exploit system resources.
Therefore, iFuseHosting reserve the right to suspend, without prior notice, a user's web site which affects other users of the service adversely; and iFuseHosting shall be the sole arbiter as to what constitutes adverse affects.
iFuseHosting does not monitor its users. usage of the service on a regular basis (but may opt to without notice), but users are required to use the services provided to them by iFuseHosting in such a way that it does not breach any terms set out in this document or any other document or law which binds the user. Failure to do so will result in immediate suspension/limitation/termination, depending on the severity of the offence.
iFuseHosting shall be the sole arbiter in determining which of the three actions shall be used against the user; and other actions such as legal proceedings may also be utilised.
ILLEGAL USE
iFuseHosting's services may only be used for lawful purposes. Utilising any services, methods or equipment provided by iFuseHosting to transmit, store or distribute information which promotes and/or facilitates the breach of any regulation or law, or actually breaches any regulation or law, is strictly prohibited. This includes, but is not limited to:
- Utilising any intellectual property, including trademarked and copyrighted material without gaining the relevant permissions and authorisations;
- Utilising the service to publicise or otherwise make available, or engage in, acts which violate the Computer Misuse Act;
- Material that is obscene, defamatory, threatening or harassing;
- Material which violates export control laws;
- Material which promotes or assists theft, fraud, assault, murder, terrorism, or any other law-breaching action or negligence;
- All other breaches of any regulation or law.
By receiving an iFuseHosting service and thus entering this agreement, you, the user, agrees that you, nor the organisation to whom you belong and are representing to this service, have not been designed as a suspected terrorist or .hacker. in any jurisdiction under law.
COPYRIGHT VIOLATIONS
iFuseHosting does not allow copyrighted materials belonging to another individual, entity or organisation to be stored or made available on its web servers.
iFuseHosting users are warned that utilising any individual or entity's copyrighted material breaches the iFuseHosting Linux and Windows Shared, Reseller and Dedicated Terms of Use.
Individuals or entities who are utilising iFuseHosting for their web hosting services whom are found to be breaching copyright laws will have the following steps taken against them:
- They will receive warning to remove the copyrighted material within 48 hours of receiving notification;
- If the above is violated; iFuseHosting will inform the copyright holder that their rights are being knowingly breached by an iFuseHosting user;
- Their account will be terminated without backup;
- iFuseHosting will provide evidence against them in legal proceedings regarding the particular copyright violation incident.
Individuals or entities that become aware of their intellectual property or copyright rights are being breached by an iFuseHosting user should prepare a letter including:
- Signature of the copyright owner or a individual or entity authorised to act on behalf of the copyright owner ('claimant');
- The name, address and telephone number(s) of the claimant;
- Identification of the infringed copyright work(s);
- Identification of the material which infringes the copyright(s);
- Enough information for iFuseHosting to locate the infringing material, including the URL of the material, and specific descriptions of the material at each URL;
- A statement that the claimant has belief that the use of the material is not authorised by the copyright(s) holder and/or their agent(s);
- A statement, under penalty of perjury, that the individual or entity is authorised to act on behalf of the copyright owner, and that the information provided in the claim is correct.
The information should then be mailed to iFuse Technologies Limited.s registered office address:
iFuse Technologies Limited
Legal Department
7, The Old Mill
River Road
Arundel
BN18 9JR
United Kingdom
DISCLAIMER
iFuseHosting's services are provided on an as is, as available basis without warranties of any kind, either expressed or implied by iFuseHosting or its parent company, or employees of iFuseHosting, or any other individual or entity. iFuseHosting hereby express in a legal medium that its services are not guaranteed to be error-free, secure or uninterrupted, except where the user purchases a web hosting account with the Service Level Agreement detailing 100% service uptime.
Even when expressed orally or in a written medium may any claim by iFuseHosting, its parent company, its employees, any third party (individual or entity) involved in conveying the service to the user, executives, directors, attorneys, lawyers, solicitors, consultants, contractors, subsidiaries (which have the same parent company as iFuseHosting), that iFuseHosting's services will be error-free or any other written or oral guarantee, these claims are not guaranteed by iFuseHosting or its parent company in any way.
PRIVACY
The iFuseHosting Universal Privacy Policy, which binds all users utilising all its services, can be found on the web site under the Legal section.
BILLING
The iFuseHosting Universal Billing Policy, which binds all users utilising all its services, can be found on the web site under the Legal section.
LIABILITY
iFuseHosting is a brand of iFuse Technologies Limited, which is a limited liability company (Ltd), registered in England and Wales.
To the maximum extent of the law, in no event and in no theory of law or equity may iFuseHosting, its parent company, its directors, executives, managers, attorneys, lawyers, solicitors, employees, representatives, contractors, third-parties involved with the conveying of service[s] to user[s], or any other individual or entity involved with creating, conveying and/or maintaining services by iFuseHosting, be liable for any loss of business, directly or indirectly, loss of domain name, revenue decrease, costs increase, cost of substitute products and/or iFuseHosting services, or any other loss or damage whatsoever, or the inability to use iFuseHosting's services, or any other direct or indirect damages. iFuseHosting and the above listed individuals and entities are also immune from liability for negligence of any kind.
iFuseHosting are only liable for the amount, paid in full, for its services, over a period of time which has not been utilised.
MODIFICATION
Without notice, iFuseHosting may opt to change, amend, remove, suspend or terminate existing equipment or services. Individual changes to equipment or services may affect the services conveyed to users adversely or positively, of which this clause serves as due notice for.
BACKUP OF DATA
Windows and Linux Shared and Reseller web hosting services are sold with a complementary back-up service. iFuseHosting backups its user data to an off-site location (the details of which can be provided on request). Data is backed up on a daily and weekly basis, but is provided as an 'as is' service without guarantee of any kind
At present, iFuseHosting do not back up their Virtual Private Server client data
iFuseHosting are not liable for service, settings or data loss incurred by its users as a result of patching or installing software and/or hardware, updating software and/or hardware or upgrading software and/or hardware.
SYSTEM/NETWORK ABUSE
iFuseHosting does not tolerate abuse of its systems or networks, which encompasses abuse of all types, including (but not limited to) hacking, distributed denial of service attacks, unauthorised access or use of data, systems or networks, any attempt to breach authentication systems, any attempt to scan, probe or test the level of vulnerability of a system or network which belongs to iFuseHosting, or using one of the systems or networks which belong to iFuseHosting to conduct the aforesaid on external systems and networks.
It also encompasses the disruption or interference of any service to any user, host or network, including (but not limited to) mail bombing, flooding, distributed denial of service attacks, hacking, or otherwise disrupting or interfering with the provision of service.
iFuseHosting shall be the sole arbiter as to what constitutes systems or network abuse, and the previous two clauses do not exhaust the total number of offences under this clause.
Abusing any system or network will result in an immediate termination of the user's account, legal proceedings with the target of prosecuting those involved with the abuse; and financial legal proceedings to recover all costs incurred as a result of the abuse to any party.
INTELLECTUAL PROPERTY
Users of iFuseHosting's services agree that they will not, under any circumstance, forward, reproduce, or otherwise copy, iFuseHosting or its parent company's intellectual property, including (but not limited to) email communication, written communication and its web site and brand identity without prior written permission from iFuseHosting or its parent company.
DELEGATION/[RE]ASSIGNMENT OF RESPONSIBILITY
Users of iFuseHosting's services may not delegate, assign or reassign their responsibility under these terms of use, or any part of these terms of use to any individual or entity without the express prior written consent of iFuseHosting.
MINIMUM AGE REQUIREMENT
iFuseHosting users agree that they must be at least eighteen years of age to utilise its services, or have the written consent of an individual over the age of eighteen years of age who is responsible for their utilisation of the service. Users who are representing legal entities are not bound by this clause.
If an individual is using iFuseHosting's services that are not over the age of eighteen, these terms of use and other documentation become null and void in terms of iFuseHosting's liability.
GOVERNING LAW
The laws of England and Wales, along with sub-panning laws of the United Kingdom of Great Britain and Northern Ireland will govern the internal and external affairs of iFuseHosting and its parent company, iFuse Technologies Limited. The user agrees to honour and abide by these laws when dealing with iFuseHosting or utilising its services.
VIRUSES / MALICIOUS ACTIVITY
Use of iFuseHosting's services/systems/networks for the creation or distribution of viruses or other malicious activity is strictly prohibited, and breaches the Terms of Use. It may result in an unlimited fine, termination or suspension (without prior notice) of service and civil liability and/or criminal liability. It is at iFuseHosting's sole discretion what constitutes 'other malicious activity', which includes, but is not limited to:
- Linking to or creating web sites which can cause direct or indirect damage to any web server or service
- Linking to or creating web sites which promote the above point
- Linking to or creating web sites which promote law-breaking
ADULT CONTENT
Pornography, explicit material and other adult content are permitted to be stored and made available on iFuseHosting's servers within moderation (the definition of 'moderation' will be at iFuseHosting's sole discretion), providing that the user restricts access to this content based upon their web site user's access rights to such pornographic material.
The laws of England and Wales and sub-passing laws of the United Kingdom of Great Britain and Northern Ireland are the arbiters of the types of pornography which are legally able to be stored on iFuseHosting's servers and thus the user's account. An example of a banned category of porn (for illustration purposes only) is bestiality. The user is also solely responsible for legal notices and legal action resulting from their use of iFuseHosting's services to store and make available pornographic material.
CHILD PORNOGRAPHY
Utilising any service provided by iFuseHosting to promote, make available, post, store, transmit or advertise child pornography is strictly prohibited. Using any service provided by iFuseHosting to do so will result in immediate termination of the user's account, with prior notice.
iFuseHosting is required by law in the company's jurisdiction to inform law-enforcing agencies when it becomes aware of child pornography on or being made available through its services, and will do so.
SPECIFIC LIMITATION
CUSTOM CGI /PHP/ASP/OTHER SCRIPTS
Any script created by or used by any user on iFuseHosting's web hosting services agrees that their script may be erased or shut down at any point if their script causes network irritation, vulnerability or any other adverse affect to any other product, service or machine. The user also agrees that their web site and account may be suspended or terminated without prior notice upon discovering such a script.SPAMMING / UNSOLICITED MAILINGS / MESSAGES
See the "Universal Billing Policy".SERVER RESOURCES
If a user's web hosting account generates high server resource usage, then their web site and account may be suspended, terminated, limited or edited without prior notice. The user also agrees to compensate iFuseHosting in full for any charges generated in excessive server resource usage. If excessive usage continues, iFuseHosting will charge an unlimited amount per month agreed by the user. If iFuseHosting and the user cannot compromise or agree on a charge, then the user's account will be terminated.BACKGROUND PROCESSES / CRON JOBS
iFuseHosting may allow their services to be used in conjunction with background processes and/or cron jobs. Cron jobs are permitted providing they do not limit any other user's service, or iFuseHosting's equipment performance. Users must ask and await permission from iFuseHosting before installing background processes.CHAT ROOMS / FORUMS
iFuseHosting provide a set Chat Room and Forum script for use with their hosting services. iFuseHosting also allow the use of other scripts of this nature, but if these script(s) are to affect any other user's ability to use the service, speed of server or service, or breaching any laws regarding licensing, the script and/or account may be suspended or terminated without prior notice.IRC
iFuseHosting do not allow the usage of IRC bots or services to be ran from its services or servers.SPECIAL DOWNLOAD SITES
iFuseHosting grants users permission to allow the downloading of files from their web site(s), providing that all files adhere to all other clauses within this document. If a user is found to be making available files which breach these terms of service, their account will be suspended or terminated without prior notice. Users must seek permission before making large downloadable files (10 megabytes in size or above, inclusive of spanned/compressed files of which the sum being 10 megabytes in total or above) available. In addition, users must stay within their data transfer limits, or be subjected to additional data transfer charges as seen in the "Universal Billing Policy".DATABASES
iFuseHosting provide MySQL databases to its web hosting customers. These databases must be used responsibly. Rights to the databases may be withdrawn unless they are used as such.DEDICATED CUSTOMERS
Those customers who are opting to receive dedicated hosting are exempt from the bulleted points in this clause for their dedicated hosting service only. They are not, however, exempt to the 'IRC' clause.