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Shared Hosting Terms Of Service

The Terms of Service and Conditions of Membership Agreement provides the registered member with fusionplanet's services, policies and a statement of what is allowed and not allowed, thereby giving you practical but precise approaches for what is acceptable to the fusionplanet Community. By registering with fusionplanet as a Member you agree to use the fusionplanet Site in a manner consistent with all applicable laws and regulations and in accordance with the terms and conditions outlined below:

Membership is available to anyone who registers with a legitimate electronic mail address. fusionplanet does not discriminate on the basis of age, gender or ethnicity.

The Member authorizes fusionplanet to charge all fees due to the submitted payment details.

All hosting contracts are automatically renewed for another term unless a written notice of cancelation has been given by either party at least one week in advance of the renewal date / anniversary date.

If an account has been setup and the initial rent and setup fee are not paid, fusionplanet has the right to immediately close the account and to refuse service.

If for some reason the Member is not completely satisfied, the Member may cancel the account within thirty (30) days of the Application and receive a full refund of any service charges. This policy does not apply outside the first 30 day period.

All cancellation requests must be initiated by an email from the primary contact person on the account who shall provide sufficient identification. Account terms are final and there are no refunds of unused time if the service contract is canceled by client before the regular expiration date / anniversary date. Any cancellation request shall be effective upon receipt unless otherwise requested.

fusionplanet provides its Members with storage space for their Web Site together with a personal virtual server (membername.). Members may also have their own domain name (www.domain.com) mapped to their storage space.

Members must agree to accept our email messages as part of their service. We only use email to inform you of new membership benefits and features, to let you know of urgent problems on our site, and to present special members-only opportunities to buy products and services that are appropriate to the interests of our Communities. And we keep these messages to a minimum.

fusionplanet is not responsible for the content of any personal Web Site, and the views expressed by any of its Members are the responsibility of the posting Member and not fusionplanet. fusionplanet does not review Web pages in any way before they appear on the Member area of the Site.

fusionplanet reserves the right to modify or remove anything submitted to fusionplanet, and to cancel membership at anytime. Any site that violates the following guidelines will be immediately removed from fusionplanet.

Member's Web pages cannot contain or provide links to:

• Nudity, pornography, and sexual material of a lewd, lecherous or obscene nature and intent or that violate local, state and national laws.



• Any material that violates or infringes in any way upon the rights of others, including, without limitation, copyright or trademark rights; this includes "WAREZ" (copyrighted software that is distributed illegally), "mp3" files of copyrighted music, copyrighted photographs, text, video or artwork. If you don't own the copyright or have documented permission to use it, don't put it on your site at fusionplanet.



• Any material that is threatening, abusive, harassing, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, indecent, or otherwise objectionable; this includes posting other peoples' private information.



• Content that promotes, encourages, or provides instructional information about illegal activities---specifically hacking, cracking, or phreaking.



• Any software, information, or other material that contains a virus, "Trojan Horse", corrupted data, or any other harmful or damaging component;



• Hate propaganda or hate mongering, swearing, or fraudulent material or activity;



• Using in the registration of your fusionplanet Membership an email account that is or becomes inactive or that is not your own email Account.

1. Contact the Member responsible for the page and alert him or her of the allegations of copyright infringement and notify the person that within five days he or she must respond as to why the allegedly infringing material does not infringe the purported copyright. fusionplanet will also alert the Member that absent such a response, fusionplanet reserves the right to delete the page/site; and

2. If the Member fails to respond within five days, fusionplanet will make a decision whether to remove the page/site. If the alerted party responds to the allegations and claims the page is not infringing, fusionplanet will either forward the response to the third party alleging the infringement, or in the case that fusionplanet has discovered the infringement, make a decision whether to remove the page. If in its sole discretion, fusionplanet concludes that one of its Member's home pages contains a particularly flagrant copyright violation, fusionplanet reserves the right to delete the offending home page at any time.

fusionplanet Bulletin boards, Chatrooms & Email Postings

The Member agrees not to include any electronic mail or postings ("Postings") that contain any of the following material in fusionplanet Bulletin boards, Chatrooms, or email transmissions:

a) Material that defames abuses or threatens others.
b) Statements that are bigoted, hateful or racially offensive.
c) Material that advocates illegal activity.
d) Material that contains obscene content.

1. fusionplanet believes that the membership is being or has been used in violation of the Terms of Service,
   
2. or to commit unlawful acts,


3. or if the information is subpoenaed,


4. or when fusionplanet deems it necessary or appropriate.

The Member agrees that the use of the Site is entirely at the Member's own risk. The Site is provided on an "as is" basis without warranties of any kind, either expressed or implied, constructive, or statutory, including, without limitation, any implied warranties of merchantability, non-infringement or fitness for a particular purpose.

fusionplanet is not responsible for the delivery or quality of any goods or services sold or advertised through or on fusionplanet members' page(s).

fusionplanet makes no guarantee of availability of service and reserves the right to change, withdraw, suspend, or discontinue any functionality or feature of the fusionplanet service. In no event will fusionplanet be liable for any damages, including, without limitation, direct, indirect, incidental, special, consequential, or punitive damages arising out of the use of or inability to use fusionplanet's services or any content thereon. This disclaimer applies, without limitation, to any damages or injury, whether for breach of contract, tort, or otherwise, caused by any failure of performance; error; omission; interruption; deletion; defect; delay in operation or transmission; computer virus; file corruption; communication-line failure; network or system outage; or theft, destruction, unauthorized access to, alteration of, or use of any record.

The Member agrees to indemnify and hold fusionplanet harmless from any loss, liability, claims, damages and expenses, including attorneys' fees, arising from or related to the content, use, or deletion of the Member's pages or use of any other fusionplanet feature or service. This expressly includes:

(i) Member's responsibility for any and all liability arising from the violation or infringement of proprietary rights or copyrights, and

(ii) Any defamatory or unlawful material contained within Member Web pages or Postings.

This document supersedes all previous agreements, proposals and communications, either written or verbal. fusionplanet reserves the right to change or amend these Terms of Service at any time without prior notice. By becoming a fusionplanet Member, you signify your agreement to these Terms of Service.