Content and Intellectual Property
FUSED CONTENT: Except for User Content (defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Fused Content"), are the proprietary property of Fused or Fused's licensors. Fused Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Fused Content. Any use of Fused Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Fused Content. All rights to use Fused Content that are not expressly granted in this Agreement are reserved by Fused and Fused's licensors.
USER CONTENT: You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Fused that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Fused a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Fused does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Fused exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Fused's computers, network hubs and points of presence or the Internet. Fused does not monitor User Content. However, you acknowledge and agree that Fused may, but is not obligated to, immediately take any corrective action in Fused's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Fused shall have no liability due to any corrective action that Fused may take.
Disclaimers of Warranties
WE PROVIDE FUSED.COM “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE.” WE MAKE NO EXPRESS WARRANTIES OR GUARANTEES ABOUT FUSED.COM TO THE EXTENT PERMITTED BY LAW, WE DISCLAIM IMPLIED WARRANTIES THAT FUSED.COM IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. WE DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF FUSED.COM, INCLUDING ANY INFORMATION OR CONTENT OBTAINED AS A RESULT OF USING FUSED.COM, WILL BE EFFECTIVE, RELIABLE, ACCURATE, OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE FUSED.COM (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR REPRESENTATIVES SHALL CREATE A WARRANTY. YOU MAY HAVE ADDITIONAL CONSUMER RIGHTS UNDER YOUR LOCAL LAWS THAT THIS CONTRACT CANNOT CHANGE. YOU USE FUSED.COM AT YOUR OWN RISK.
WE SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF WE OR OUR SERVICE PROVIDERS KNEW OR SHOULD HAVE KNOWN THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE SERVICE PROVIDERS' LIABILITY IN SUCH STATE OR JURISDICTION IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify, and hold us, our officers, directors, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and related fees and expenses, resulting from, or alleged to result from, your use of the Services, including but not limited to any violation of these Terms.
Fused’s policy is to respect your privacy regarding any information we may collect while operating our websites & services.
PUBLIC NATURE OF THE INTERNET: Please understand that all information submitted on the hosting account shall be considered publicly accessible. Any content you host with Fused should be protected/backed up by you. Fused accepts no responsibility for loss of data, financial losses, or any other damages that are incurred as a result of acts of God, breaches, hardware failure or any other reason. Fused is not liable for protection or privacy of electronic mail or other information transferred through the Internet or any other network provider that you may use.
WEBSITE VISITORS: Like most website operators, Fused collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Fused’s purpose in collecting non-personally identifying information is to better understand how Fused’s visitors use its website. From time to time, Fused may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Fused also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users. Fused only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
GATHERING OF PERSONALLY-IDENTIFYING INFORMATION: Certain visitors to Fused’s websites choose to interact with Fused in ways that require Fused to gather personally-identifying information. The amount and type of information that Fused gathers depends on the nature of the interaction. For example, we ask visitors who sign up for an account at fused.com to provide a username, email address, and password. Those who engage in transactions with Fused – by purchasing web hosting, for example – are asked to provide additional information, including the personal and financial information required to process those transactions. Fused collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Fused. Fused does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information; provided however that it may prevent them from engaging in certain website-related activities.
AGGREGATED STATISTICS: Fused may collect statistics about the behavior of visitors to it's client websites. For instance, Fused may monitor access to various websites we host to prevent abuse. Fused may display this information publicly or provide it to others. However, Fused does not disclose personally-identifying information other than as described below.
PROTECTION OF CERTAIN PERSONALLY-IDENTIFYING INFORMATION: Fused discloses potentially personally-identifying and personally-identifying information only to those persons or entities that (i) need to know that information in order to process it on Fused’s behalf or to provide services available at Fused’s websites, and (ii) that have agreed not to disclose it to others. Some of those persons or entities may be located outside of your home country. By using Fused’s websites, you consent to the transfer of such information to them. Fused will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to the persons and entities described above, Fused discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, when Fused believes in good faith that disclosure is reasonably necessary to protect the property or rights of Fused, third parties or the public at large, or as otherwise provided by law. If you are a registered user of a Fused website and have supplied your email address, Fused may send you emails to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Fused and our products. We endeavor to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other Users. Fused endeavors to take reasonably necessary measures to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
BUSINESS TRANSFERS: If Fused, or substantially all of its assets, is acquired, or in the unlikely event that Fused goes out of business or enters bankruptcy, user information may be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Fused may continue to use your personal information as set forth in this policy or the policy of such acquiring person or entity.
Billing and Payment
SERVICE FEES, LATE FEES & INTEREST: All payments are due as of the date listed on the invoice, without exception. Chargebacks & bounced checks are subject to a $50 fee. Fused reserves the right to immediately suspend any account for nonpayment is said payment is not received within thirty (30) days of its due date. Any account suspended for more than a 30 day period may be terminated by Fused without backup. If you fail to pay the fees as specified herein, Fused may recover its costs of recovery, including without limitation any arbitration, attorney’s fees, and other expenses.
PRICE CHANGE: Fused reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided Fused, including notices sent or posted by Fused.
THIRD PARTY SCRIPT ASSISTANCE: Fused Network retains the right not to assist Users with third party applications, including but not limited to any script uploaded by the User, installed using cPanel, as well as its scripts library or any installer within. Any assistance, support, troubleshooting, or other services provided by Fused in connection with ANY third party script or application will be subject to an hourly service fee to be set forth by Fused. Such hourly service fees shall be billed and paid in accordance with the terms of the Section governing services fees and shall be subject to the same fees and interest provisions set forth therein.
ACCOUNT CANCELLATION: You may terminate or cancel your service by giving Fused written notice at least seven (7) days before the effective date of such cancellation. In the event you cancel your service, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.
REFUNDS: If the User is not in default with respect to any terms of this Agreement, a pro-rated refund is available for any remaining credit on file; provided, however, that no partial month fees shall be refunded and that domain names and other services are non-refundable.. Any refunds from Fused shall be made within thirty (30) days of written request from the User.
HIPAA DISCLAIMER: Fused is not "HIPAA compliant." You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Fused does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to "protected health information" is a material violation of this Agreement, and grounds for immediate account termination. Fused does not sign "Business Associate Agreements" and you agree that Fused is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.
SHARED HOSTING ACCOUNTS: Shared hosting accounts are intended to be utilized by the original account holder only and anyone attempting to resell their allocated space or bandwidth to other users will be suspended indefinitely.
ENTIRE AGREEMENT: This Agreement constitutes the entire agreement and understanding of the parties and supersedes any prior agreements or understandings, whether oral or written, between the parties.
APPLICABLE LAW: This is a Tennessee contract and shall in all respects be governed by the internal laws of that state without regard to conflicts of law provisions.
ARBITRATION: Any controversy or dispute arising out of or relating to this Agreement (including tort actions and actions for breach of this Agreement) shall be resolved by binding arbitration before a single arbitrator conducted in Chattanooga, Tennessee, in accordance with the Rules of Procedure for Arbitration of Commercial Disputes of the American Arbitration Association to the extent such procedures are not inconsistent with this Agreement. Any award rendered by the arbitrator shall be final and binding upon the parties, and judgment on any such award may be entered in any court having jurisdiction thereof. The fees and expenses of the arbitrator shall be borne equally by the parties. Each party shall pay its own fees and costs relating to any arbitration proceedings, including attorneys' fees.
JURISDICTION AND VENUE: Subject to the preceding provision related to arbitration, the parties agree that the state courts in Hamilton County, Tennessee, shall have exclusive venue and personal jurisdiction to adjudicate any litigation arising out of the Agreement.
ATTORNEY FEES: In the event Fused engages an attorney to enforce the terms of this Agreement, Fused shall be entitled to recover from User upon successfully enforcing such terms, the costs and expenses of the litigation, including a reasonable attorney fee based primarily on reasonable time charges incurred, with the amount of such costs and expenses to be determined by agreement of the parties, otherwise such amount shall be set by the court.
FORCE MAJEURE. Notwithstanding any other provision of this Agreement, neither party shall be deemed to be in breach of this Agreement, or otherwise be liable to the other party, for any delay in performance or the non-performance of any of its obligations under this Agreement, to the extent that the delay or non-performance is due to any Force Majeure of which it has notified the other party, and the time for performance of that obligation shall be extended accordingly provided that such extension shall not be in excess of sixty (60) days. “Force Majeure” means, in relation to any party, any circumstances or event beyond the reasonable control of the party including but not limited to, acts of God, power outages and governmental restrictions, fires, labor disturbances, floods, epidemics, war, riot, civil insurrection, embargoes or strikes, shortages of relied upon materials, or intentional, reckless or negligent acts of third parties.
SEVERABILITY: If any of the provisions of this Agreement or any portion of a provision or provisions shall contravene or be invalid or unenforceable under the laws of any jurisdiction where it is in effect, such contravention, invalidity or unenforceability shall not invalidate this entire Agreement, and this Agreement shall be construed as if it did not contain the particular provision or provisions or portions of a provision or provisions held to be invalid or unenforceable, and all other rights and obligations of the parties to this Agreement shall be construed and enforced accordingly.
INDEPENDENT CONTRACTORS: The relationship of the parties is that of independent contractors and neither party has the right to bind the other to contractual obligations. The parties are not liable for the actions or inactions of the other party. This Agreement shall not under any circumstances create the relationship of a partnership or joint venture between the parties hereto.
1. PARTIES IN INTEREST: Except as expressly provided in this Agreement, there are no third party beneficiaries to this Agreement and nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of this Agreement on any persons other than the parties to it and their respective successors and assigns, nor is anything in this Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give any third persons any right to subrogation or action against any party to this Agreement.
ASSIGNMENT: User may not assign or transfer this Agreement without the prior written consent of Fused, except in connection with a merger, reorganization or sale of all or substantially all of such party’s business or assets. Fused shall be able to freely assign or transfer all or any part of this Agreement, including but not limited to engaging subcontractors or agents to perform the duties under this Agreement, without the consent of User. This Agreement shall inure to the benefit of and be binding upon the parties, their heirs, legal representatives, successors and assigns.
WAIVER: The waiver by Fused of a breach or violation of any term or provision of this Agreement shall not operate as, or be construed to be, a waiver of any subsequent breach of the same provision or of the breach of any other term or provision of this Agreement. The delay or failure of Fused to transmit any written notice hereunder shall not constitute a waiver by Fused of any default hereunder or of any other or further default under this Agreement except as may expressly be provided for by the terms of this Agreement.
CAPTIONS. All captions and headings herein contained are inserted for convenience of reference only and shall not affect the meaning or interpretation of this Agreement.
(a) Any reference in this Agreement to the masculine shall include the feminine or neuter, any reference to the singular or plural shall include the opposite thereof and any reference to "person" shall include individuals, corporations, partnerships, trusts, estates and other entities.
(b) All notices given pursuant to this Agreement shall be in writing and hand delivered or forwarded by certified mail, return receipt requested, to the last known address of the party or parties to be notified. For purposes of this Agreement any notice shall be deemed to be given three (3) business days after it is deposited in the mail with proper postage affixed.
Updated Jun 11th, 2012 — Modified refund policy to sound less evil, include prorated refunds.
Updated Nov. 23rd, 2016 — full refresh of terms of service.