Service Agreement

HOSTING ACCOUNT SERVICE AGREEMENT

Fuziontek Hosting Services (hereafter referred to as Fuziontek) is a subsidiary of Guardian Holdings, LLC - a Limited Liability Company in the state of Kentucky. All services provided by Fuziontek may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Fuziontek from any claims resulting from the use of service which damages the subscriber or any other party. Fuziontek cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their service was functioning. Certain services provided by Fuziontek are resold. Thus, certain equipment, routing, software and programming used by MXroute are not directly owned or written by Fuziontek. Moreover, Fuziontek holds no responsibility for the use of our clients’ accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as Fuziontek sees fit. Fuziontek shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Fuziontek servers going off-line or being unavailable for any reason whatsoever. Furthermore, Fuziontek shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any files from one of Fuziontek’s servers. All damages shall be limited to the immediate termination of service. Fuziontek guarantees 99% service (pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime upon request.

1. CONTACT PERSON, CLIENT SUPPORT

Customers are required to provide accurate billing information on registration and maintain accurate billing information in our billing portal. Failure to provide accurate information will lead to account suspension, up to account termination. All account types include free ticket support. If included in the offer, free telephone support is also provided. Ticket support requests from clients are made via the billing administration interface located at https://fuziontek.net/submitticket.php. Clients must login to utilize the ticket system. In general, client support orders are included in the all-inclusive price of the product. Special support requests, not included in Fuziontek hosting services, are only handled in exceptional cases. If more than 15 minutes' working time is required for resolving such issues, Fuziontek may, after consultation with the client, charge a fee of $15 for each quarter hour commenced.

2. BILLING

By the Account Activation Date of each month, Fuziontek shall either:

(1) charge the client’s chosen billing method through the associated payment subscription on file; or

(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to Fuziontek by no later than the specified payment due date. Fuziontek shall be entitled to immediately terminate this agreement for client’s failure to make timely payments. You will be provided with an invoice on a monthly basis. All subscriptions are automatically processed and charged to the default or backup payment method that you selected upon signup. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient funding, we will send an e-mail notification, at which point the client must resolve the issue within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, may be suspended.

3. MONITORING SERVICES

  • Web Server (HTTP)
  • Mail System (SMTP, POP3, IMAP, Spam filter, Virus scanner, Mail dispatch quantity)
  • Server Services (FTP, SSH, NTP)
  • Databases (MySQL, PostgreSQL)
  • Server Load
  • Hard Drives (S.M.A.R.T., Disk Space Usage)

4. SYSTEM FAILURE AND MAINTENANCE WORK

As a general rule, details of system failure are published and planned maintenance work announced in advance on https://fuziontek.net/serverstatus.php.

5. DATA PROTECTION

A daily backup of all data is available on all web hosting accounts. Data is retained for a maximum of 14 days. Recovery of the backup (Restore) is possible via the DirectAdmin administration interface. Here it is possible to recover individual files and whole folders as well as accounts.

6. CONTENT AND DATA OF CREATED ACCOUNTS

Changes made by the support team, such as the deleting, relocation and overriding of content and sensitive information, which has been deployed and/or received by the client, can only be carried out, if formally requested via the ticket system. The support team are not required to undertake work which can be performed by clients and which it is possible for clients to do themselves.

7. CHANGES TO CONFIGURATION FILES

Generally, with the exception of the points listed below, individual customization to configuration files is not possible on web hosting accounts. This applies to system settings and the services provided. The following settings are alterable:

  • PHP Selected PHP settings can be changed via the DirctAdmin administration interface. Many further settings can be changed directly via .htaccess file. Settings which exceed the available values and set limits are not alterable. Additional PHP modules other than those offered are not installed. Individual PHP solutions e.g. PHP binaries, are not supported.
  • IMAP The number of parallel IMAP connections per IP address is limited for reasons of server stability.
  • SMTP The settings which are offered such as 'Forwards', 'Autoresponder', 'Spam filter', 'SMS Notification', 'Black- and Whitelist' etc. can be changed by the client. Other individual settings and the configuration of the mail system cannot be created. SPF records can be set by the client via DNS administration in the DirectAdmin administration interface.
  • MySQL Individual changes to the MySQL configuration are not possible for web hosting accounts. For each database created by the client, three data bank users are set up with exclusive access to this database. For reasons of security, no global database user or users who have access to several databases is set up.
  • DNS Each account and each domain receives a DNS zone file which can be administered via the DirectAdmin interface. The use of our DNS servers is optional.

8. PROCESS MONITORING

To safeguard the security and stability of the server, a process monitoring system is in place which stops processes with excessive running times and/or RAM exploitation.

9. INSTALLATION OF ADDITIONAL SOFTWARE

The installation of additional software or libraries is not carried out by the support team, unless a service agreement is in place for the installation of said software. All other installation is the sole responsibility of the client. There is no right to claim support services in this context. The operation of additional software requiring root privileges for installation or operation is not possible.

10. PROHIBITED ACTIONS

The domains that you add to our system should be legitimate, managed by you or your customers, and not related to any spam/scam activity in any way. While we cannot describe in perfect detail everything that qualifies as spam/scam activity, we reserve the right to make a decision about it based on information that we learn. This includes, but may not be limited to, domains that are intended to confuse recipients into thinking you are representing a domain that you do not control by use of misspellings, etc. Any attempt to undermine or cause harm to a server or customer of Fuziontek is strictly prohibited. As our customer, you are responsible for all your accounts. This includes abuse of the server’s CPU and RAM resources to a degree that affects the performance of other customers on your server. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund. If you abuse system resources, you will be contacted and offered options for accommodating or reducing usage prior to having your service terminated. Abusive processes, however, will be shut down prior to our attempts to contact you.

11. FORBIDDEN SERVICES

In order for us to operate a high-performing and reliable network for our customers, the operation of applications for mining crypto currencies is prohibited. We are unable to provide services to the following customers due to consistently negative experiences with bounce rates and spam reports:

  • LEAK FORUMS These are forums where users share compromised accounts for internet services.
  • ADULT FORUMS These are forums where users trade pornography.
  • Deceptive use against third party services like signing up for hundreds or thousands of accounts for a website using a catchall and randomly generated email aliases.
  • Forward-only service for massive numbers of domains on one account (maximum impact on our servers, minimal cost and spreading out of domains)
  • Sending SMS via email
  • Email forwarders configured in such a way that they frequently exceed 300 outbound emails per hour

12. EMAIL SENDING LIMITS

Each email account will be limited to 300 outbound emails per hour unless a prior agreement has been reached. You may not create additional email accounts for the sole purpose of extending that limit.

13. SPAM

Outgoing spam from our servers will not be tolerated. Spam is defined as unsolicited e-mail. All mailing lists must be double opt-in, meaning that clients must sign up and then verify their e-mail address to be added to your mailing list. Violations of this policy will result in service termination. If your recipient actively clicks a “Report Spam” (or equivalent) button at their email provider, and we are made aware of it, we will block outbound mail to that address. This is interpreted as claiming that you are sending them email that they do not want, and the potential damage is to the reputation of your domain and our IP addresses. If this occurs unintentionally, you will need to negotiate with the user and ask us to unblock outbound email to them.

14. DAMAGING IP REPUTATION

If your email behavior consistently harms the reputation of our IP addresses and causes delayed or failed deliveries for other customers, we reserve the right to cancel your service. This includes repeat failures to secure your accounts by using strong passwords, as password security is your responsibility.

15. REFUSAL OF SERVICE

Fuziontek reserves the right to refuse, cancel or suspend service, at our sole discretion.

Account Activation

By activating your account with Fuziontek, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.

Fuziontek reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.

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