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Terms of Service
Crimson Fuse philosophy assumes the honesty and good intent of our customers. Therefore, our services are provided in as unrestricted a manner as possible to allow our customers to have the most successful web presence possible. If you have any questions about any of our policies, please contact us at firstname.lastname@example.org.
These Terms of Service have been created to promote the integrity, security, reliability and privacy of Crimson Fuse facilities, network, and customer data contained within. We shall be the sole and final arbiter to any interpretation of the following terms. We retain the right to modify these Terms of Service at any time, without notification, and any such modification shall be automatically effective to all customers when adopted by us, and published here.
By utilizing our services and products, the Customer agrees to be bound by the terms outlined herein and will continue to be bound until they have formally cancelled their service agreement with Crimson Fuse.
II. Payment Information
The Customer agrees to supply appropriate payment for the services received from us, in advance of the time period during which such services are provided. All new accounts will be enrolled in automatic recurring payments beginning on the date of signup and recurring on each anniversary date of the service selected by the Customer at signup.
By submitting the order form on our web site, the Customer agrees to authorize all recurring charges to the account and any other balances incurred due to overages of limits, additions of extras to the account, service charges and/or any other fees, and to be bound to all the terms of this Agreement.
Furnishing false or incorrect data on our order forms, contracts or online applications, including fraudulent use of credit card numbers or checking accounts will result in immediate termination and legal action will be initiated by Crimson Fuse to recover any losses incurred from a Customer who supplies false or otherwise illegal information.
The Customer is responsible for making payments in a timely fashion, otherwise late fees, account suspensions and terminations will apply
If the Customer refuses to pay their final invoice, Late Termination fee, or any other outstanding balance, Crimson Fuse will use any means possible to collect money owed to us by the Customer, including usage of stored Customer billing data, 3rd party collections agents, legal remediation or any other method or combination deemed necessary by us.
III. Account Setup
Crimson Fuse will setup the Customers account after we have received payment and we have screened the order(s) for fraud. It is the Customers responsibility to provide us with an email address which is not @ the domain(s) they are signing up under.
IV. Content/User Actions
All services provided by Crimson Fuse may only be used for lawful purposes.
Customers may only use our services in a manner that, in our sole judgment, is consistent with the purposes of such services. If the Customer is unsure as to whether any contemplated use or action is permitted, please contact us before potentially violating the Terms of Service agreement. By way of example, and not limitation, uses described below are expressly prohibited.
1) Unacceptable content includes IRC Bots; DoS and DDoS programs; Virus, Trojan Horse, hacking programs or any other type of similar software used for malicious intent. Hate sites, pirated material, illegally acquired copyrighted material, pornography, any material we judge to be threatening or obscene, or pages linking to such content, is not allowed. In short, if it is something inappropriate for a six year old to view, it does not belong here!
2) Usage which violates the rights of any person or entity protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations is prohibited.
3) Actions that restrict or inhibit ANY person or entity, whether a customer of ours or otherwise, in its use or enjoyment of any of our services or products, or third-party services or products is prohibited.
4) Customers may not make physical threats against another person via e-mail, news or any other electronic media/service provided by Crimson Fuse.
5) Security breaches or other disruptions of internet communication are prohibited. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient or logging into a server or account that the Customer is not expressly authorized to access. Disruptions include, but are not limited to, port scans, pings floods, packet spoofing and forged routing information.
6) Executing any form of network monitoring which will intercept data not solely intended for the Customer is prohibited.
7) Circumventing user authentication or security of any host, network or account is prohibited.
8) Interfering with or denying service to any user on any host (for example, denial of service attack) is prohibited.
9) Using any program, script, command, or sending messages of any kind, designed to interfere with, or to disable, a user's terminal, SSH, FTP, or any other session, via any means, locally or via the Internet is prohibited.
10) Any attempt to circumvent or alter monitoring, bandwidth tracking or utilization reporting, or other actions which have the effect of complicating the normal operational procedures of Crimson Fuse, including but not limited to altering, removing or in any way modifying or tampering with automatically generated log files, is prohibited.
11) Any action which we determine, in our own judgment, will reflect poorly on us or its other Customers, or negatively impact its operations, is prohibited.
12) Any action which Crimson Fuse deems to be an unacceptable use of server resources is prohibited.
V. Zero Tolerance Spam Policy
Crimson Fuse takes a zero tolerance stance against the sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and "double opt-ins" will be treated as spam. Any Customer who sends out spam will have their account terminated without notice.
Customers may not mount an attack against our system or any other systems. This includes, but is not limited to, mail bombing (sending three or more unsolicited pieces of e-mail or files exceeding 500K).
We reserve the right to require changes, or disable as necessary, any web site, account, database, or other component that does not comply with this policy, at our sole discretion. We also reserve the right to make any such modifications in an emergency at our sole discretion.
We reserve the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Crimson Fuse with minimum penalties starting at $500 per incident. The Customer also faces immediate account suspension and/or termination, as well as being liable for all legal fees, including court costs and attorney fees associated with the incident or with the collecting of the penalties.
VI. Domain Names
Free Domains and Domains purchased through Crimson Fuse or one of our affiliates will be bound by the items listed below.
If the Customer has received a free domain name as part of their hosting agreement, or if the Customer has paid for a domain name from us, and a payment reversal has occurred due to chargeback, returned check, stop payment, or ANY other reason, the Domain will be immediately recovered and ownership of the domain, regardless of trademark, will be surrendered to us and Crimson Fuse will become the exclusive owner of this domain name. We reserve the right to use this domain as a negotiation tool to obtain rightful payment. We may elect to keep this domain name indefinitely, sell it to the trademark holder, or to any 3rd party to recover any fees owed, or we may resell this domain for any profit that can be obtained.
If a Domain has been captured by Crimson Fuse for non-performance of this service agreement, full payment of the late or advance hosting charges must be paid along with a minimum $100 release/transfer of ownership fee.
We will not recover a Domain if a customer has decided to move to another host and canceled their hosting account in accordance with the cancellation policy, and has met their minimum payment requirements. We will never recover a Domain name that has been paid for as a separate product from the hosting service and will never recover a Domain name that was registered for free so long as the customer account is in good standing during the term of service with us, and provided all outstanding debts have been paid prior to cancellation.
VII. Backups and Data Loss
The Customers use of any services provided by us is at their sole risk. We are not responsible for files and data residing on their account. The Customer agrees to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on our servers.
VIII. Customer Support
Crimson Fuse promotes a mutually-professional relationship with its customers. Abusive, threatening, obscene or otherwise harassing communications with Crimson Fuse, employees, officers or affiliates, via telephone, email, online chat or other means will result in immediate account termination. As per the Terms outlined in this agreement, no refunds will be given for sites cancelled due to violations.
We do not provide support third party software like Mailman, XMB, PHPBB, Microsoft Frontpage™ or any other third party system that we provide or that the Customer installs on their own. We will try in most cases to help with general issues to get things running, but we are not responsible for any breakage that may occur as a result of using these systems.
IX. Pricing/Feature Adjustments
All prices are subject to change. We reserve the right to adjust prices listed on our site, and the right to modify the amount of resources given to plans at any time. Typically, any price increase is combined with an increase in resource allotment and/or additional features.
Crimson Fuse reserves the right to change fees, features, and discount offerings without notice, and the Customer agrees to be bound by any changes of fee, feature, and/or discounts; any changes in price will take effect upon renewal of the existing service. If the Customer does not agree to the new fees, features, and discount offerings, the Customer can elect to choose another service provider at any time without penalty, provided the Customer has followed the Formal Cancellation policy as outlined herein.
X. Cancellation and Refunds
Crimson Fuse reserves the right to cancel an account at any time.
Customers may cancel at anytime, however, account funds will not be refunded. Cancellation requests will only be considered a Formal Cancellation when it has been made via ticket submission at our helpdesk billing department, and must originate from the contact details of that account holder listed in our customer database. Any other form of cancellation, via telephone, email, fax, or any other means WILL NOT BE ACCEPTED.
XI. Automatic Termination
Crimson Fuse will automatically terminate delinquent accounts or accounts in violation of these Terms of Service, at our sole discretion. In most cases, we will elect to maintain a Customers data for 90 days. During this 90 day grace period, the Customer will accrue invoices for service, regardless if services have been suspended, at the agreed upon monthly rate, until the Customer has formally cancelled services. Accounts that have let their grace period expire, and have not paid for their services are not relinquished from owing their debt to us. Accounts that have let their grace period expire, and have not paid for their services, will also be assessed an early termination processing fee. In addition, accounts that have let their grace period expire may be subject to additional fees for collection services on any outstanding debts owed to us. We strongly urge the customer to make sure to formally cancel their accounts to avoid unnecessary charges, collections, or other legal fees.
Crimson Fuse reserves the right to automatically terminate this agreement or any account immediately upon the occurrence of any of the following events:
1) Non payment of any charges due from the Customer.
2) Breach of any term or condition of this agreement by the Customer.
3) Commencement of any lawsuit or proceeding against the Customer arising from or relating to its use of the services, whether or not such suit names us as a party or seeks any recovery from us.
4) Commencement of any lawsuit or proceeding against us from the Customer arising from or relating to any service or activity provided by us.
5) Slander or libel.
6) Foul language, abuse, threats or harassment toward any of our staff members, administrators or other clients.
XII. Disputed Charges
Disputed charges to the Customers credit card issuer, also known as chargeback’s, will result in immediate account suspension, regardless of fault of credit card issuer, Customer, employee or agent of the Customer. In order to restore service from disputed charges, the Customer will need to pay the full balance of the disputed charge, as well as reactivation fees, and chargeback fees.
XIII. Resource Usage
Each account is allocated certain resources (for bandwidth, hard disk space, etc.) depending upon the hosting package or service that is purchased. Should the account pass the allocated amount, we reserve the right to suspend the account until the start of the next allocation, suspend the account until it is upgraded to a higher level of package, terminate the account and/or charge the Customer an additional fee for the overages. Unused resources in one month cannot be carried over to the next month.
XIV. Account Security
Customers must safeguard their account passwords as if they were credit card numbers or social security numbers. If someone were to gain access to their account password, they could tamper with any of the Customers files and email and potentially undermine the security of our systems.
Customers must comply with requests of Crimson Fuse. If we feel the account or programs that are run are insecure or that passwords that are used are insecure or if the Customer fails to comply with security requests, we will suspend the account until the matter is resolved.
Crimson Fuse has a strong commitment to respect and protect the privacy of its customers and their information that is stored on our servers. We will only access and disclose information as necessary for the following reasons: to comply with applicable laws and government requests; to operate, maintain, or protect our systems; or to protect our customers.
The Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against us, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. The Customer agrees to defend, indemnify and hold harmless any liabilities arising out of: any injury or damages to person or property caused by any products sold or otherwise distributed in connection with us; any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; copyright infringement and any defective products sold to customers from our server. The Customer shall be responsible for determining what laws or regulations are applicable to the Customer's use of our services and ensure that there are no violations of any local, state, federal, non-United States, or International laws or regulations.
Nothing contained herein shall be deemed to create a relationship between Crimson Fuse and the Customer in the nature of a partnership, joint venture, editor/publisher or otherwise. Both parties acknowledge and agree that Crimson Fuse has no interaction with the data or substance of the Customers web site, except as necessary to maintain the web sites online presence.
Use of Crimson Fuse services and products is at the Customers sole risk. We will not be responsible for any damages the Customers business may suffer. Neither Crimson Fuse nor its employees, agents, resellers third party information providers, merchants licensers or the like, make any warranties, including any implied warranties of merchantability or fitness for a particular purpose, that services and products will not be interrupted or be error free; nor do they make any warranty as to the results that might be obtained from the use of these services and products or as to the accuracy, or reliability of any information service or merchandise contained or provided through these services, unless otherwise expressly stated in this agreement. This includes loss of data including web sites, email, customer databases, or otherwise, due to any reason, including but not limited to server malfunction, account termination from a company employee, an act of God, delays, on deliveries, wrong delivery or other causes.
The sole cumulative liability of Crimson Fuse for all claims made by the Customer, or any other party, regardless of form, including any cause of action based on contract, tort or strict liability, shall not exceed the total average amount of all fees and charges paid to us by the Customer. The average amount of all fees is calculated by the monetary total of all payments, divided by the number of all payments made by the Customer to us.
This agreement shall be governed in all respects under the laws of the state of Texas, in the county of Gregg. Applicable contracts are made accepted and performed wholly in Texas, in the county of Gregg without application to principles of conflict of laws, and the Customer and we agree that the venue and jurisdiction for any disputes arising from this agreement shall be sent to arbitration in the state of Texas, in the county of Gregg. If we are found in favor of any judgment, the Customer is responsible for any and all legal fees incurred by us.
The Customer acknowledges that by reason of their relationship, both the Customer and Crimson Fuse may have access to certain products, information and materials relating to the other parties business, which may include business plans, customers, software technology, and marketing plans that are confidential and of substantial value to either party, respectively, and which value would be impaired if such information were disclosed to third parties. Consequently, both Crimson Fuse and the Customer agree that it will not use in any way for its own account or for the account of any third party, nor disclose to any third party, any such information revealed to it by either party, as the case may be.
The Customer and Crimson Fuse further agrees that each will take every appropriate precaution to protect the confidentiality of such information. In the event of termination of this agreement, there shall be no use or disclosure by either party of any such confidential information in its possession, and all confidential documents shall be returned to the rightful owner, or destroyed. The provisions of this section shall survive the termination of this agreement indefinitely. Upon any breach or threatened breach of this section, either party shall be entitled to injunctive relief, which relief will not be contested by the other party.
XIX. Refusal of Service
Crimson Fuse reserves the right to refuse or cancel service to anyone at any time in its sole discretion without refund.
If any of these Terms of Service are failed to be followed it will result in grounds for immediate account termination.
XX. Changes to the TOS
Crimson Fuse reserves the right to revise or change these Terms of Service and policies at any time without notification.