Terms and Conditions
This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, Programming, Design, and other E-commerce solutions, (the "Services"). As used in this Agreement, "Fission Technologies" means fissionhost.com, and "Client", "you", or "your" means you. By clicking on the "Subscription" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Fission Technologies site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Fission Technologies Site" refers to the Site located at the URL http://www.fissionhost.com, or any other successor Sites owned or maintained by Fission Technologies.
1. APPROPRIATE USE OF THE SERVICES.
Fission Technologies exclusively and makes no effort to edit, view, restrict, or monitor your content hosted on your website.
Client Content
Client agrees that it will not distribute, electronically transmit or display any materials supplied by Client - or through Client by a third party - to any Fission Technologies server in connection with Client's use of the Services which:
violate any state, federal or foreign laws or regulations;
infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of or any third party;
are defamatory, slanderous or trade libelous;
are threatening or harassing;
are discriminatory based on gender, race, age or promotes hate;
violate any Fission Technologies policy posted on the Fission Technologies Site.
contain viruses or other computer programming defects which result in damage to Fission Technologies or any third party.
Bandwidth and webspace usage
Client agrees that if client uses more than their allocated amount of monthly transfer (bandwidth), their account will be suspended until the next month or billing cycle. Using more than the allowed web space quota will result in a warning telling to remove enough data to be within your allowed amount, if no response is recieved within 2 business days, account will be suspended until contact is made.
Spam Not Allowed
The Client will not take part in spam emailing activities. The client agrees not to use any Fission Technologies server or website to send unsolicited emails to any persons or addresses.
Violators will have their accounts removed without refund or warning.
Data Backup
Fission Technologies will use the ability to let the client backup his or her data through the control panel used in it's servers, however no geruntees are made to the accuracy and dependancy of this. The client understands he/she is responsible for his/her data, and agrees that any loss is not the responsibility of Fission Technologies.
Account Removal/Termination
Client understands that Fission Technologies reserves the right to refuse service to any persons or organization for any reason. Violating any of the terms in the Terms of Service Agreement will result in the termination of any account without warning or refund.
2. CLIENT LIABILITY AND INDEMNIFICATION
The parties agree that in no event shall Fission Technologies be liable to any third party for Client's breach or alleged breach of any of the terms and conditions set forth in this Agreement. Client agrees to defend, indemnify and hold harmless Fission Technologies from any and all expenses, losses, liabilities, damages or third party claims resulting from Client's breach or alleged breach of any Client obligations set forth hereunder.
3. TAXES
Client will pay and indemnify and hold Fission Technologies harmless from any and all taxes associated with or arising from Client's use of the Services, including any penalties and interest and any costs associated with the collection or withholding thereof.
4. DISCLAIMER OF WARRANTY
THE SERVICES, THE Fission Technologies SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE Fission Technologies SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. Fission Technologies DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO EACH OF THE FOREGOING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Fission Technologies SPECIFICALLY DISCLAIMS ANY WARRANTY THAT (1)THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (2) DEFECTS WILL BE CORRECTED; (3) THERE ARE NO VIRUSES OR OTHER HARMFUL COMPONENTS; AND (4) THE SECURITY METHODS EMPLOYED WILL BE SUFFICIENT.
5. LIMITATION OF LIABILITY
NO EVENT SHALL Fission Technologies BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE Fission Technologies SITE OR ANY Fission Technologies PRODUCTS OR SERVICES, OR FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES IN CONNECTION WITH THIS AGREEMENT OR IN CONNECTION WITH ANY PRODUCTS OR SERVICES PROVIDED HEREUNDER. IN NO EVENT SHALL Fission Technologies' CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIVE HUNDRED DOLLARS ($500 US).
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