Master Service Agreement
The following Master Service Agreement (MSA
and hereinafter referred to as the "Agreement") is made between Fluid Hosting LLC, a Connecticut based company (hereinafter
referred to as "Fluid Hosting") and you (referred to as
"Customer") and shall be effective immediately upon service
activation. As used in this Agreement, "you" or "your"
refer to you, the Customer and "we", "our" or
"us", Fluid Hosting. Both Fluid Hosting and Customer are referred
collectively as the "Parties". By continuing with this account sign
up, you acknowledge that you have read, understood, and agreed to our terms. If
you do not agree to this agreement, you should not continue.
For
reference to this remaining Terms Of Service, you are signing this agreement
as:
I. Services
Utilizing its high-end equipments and software,
Fluid Hosting's services include, but not limited to, providing complete web
hosting services (shared and reseller hosting, Virtual Private Server hosting,
and dedicated server), mail services, bandwidth services, collocation services,
domain registration services, and server administrations. Our extended services
include, but not limited to, offering consultation works, firewall
configuration and deployment, load balancing, and backup services.
New customer sign-up will be manually verified,
processed, and activated during business hours only. For the rest of this
agreement, our business hours are defined as Monday to Friday, 9 AM to 5 PM US Eastern
Time.
Fluid Hosting reserves the right to deny
service to any potential clients for any reasons. With prior written
notification, Fluid Hosting also reserves the right to terminated services to
existing client as described in Section VI below.
II.
Account Ownership
Fluid Hosting may make distinction between
Customer Main/Administrative Contact Info, Customer Technical Info, and
Customer Billing Info. We consider the person listed under Customer Main/Administrative
Contact Info as the Owner of the account. Specifically, this agreement is
between Fluid Hosting and the Account Owner. Fluid Hosting will only provide
account information to the person listed under the Main Contact Info. This
agreement in its entirety is binding between Fluid Hosting and the Account
Owner.
III. Contract Duration, Obligation, Renewal, and
Termination Policy
To ensure service continuation, all services
are delivered with one of the following contract duration: one month, three
months, six months, twelve months, or twenty four months. This agreement is
binding throughout the contract duration. All parties agree to fulfill their
obligations to the other party as described in this agreement. Customer
understands that the contract made can not be cancelled in the middle of the
contract term. Customer agrees to maintain his/her payment obligations until
the contract ends.
For Shared Hosting, Reseller, and VPS
customers, pre-payment imply contract duration. For example, customer may with
to pre-pay for the hosting fee annually. Doing so will imply an annual contract
duration. The term .contract. for the rest of the agreement here applies for
customer who prepays.
Fluid Hosting offers wide varieties of service
plans/solutions. Unless otherwise agreed, Fluid Hosting will allow customer to
switch from one solution to another in the middle of the contract duration
provided: 1) customer will switch to a new service plan/solution for the same
contract duration and 2) the value of the new contract is at least equal to the
value of the old contract. Thus, for example, customer original contract is
from January 1st to March 31st (three-month contract). On
February 15th, customer decides to upgrade the service. Then a new three-month
contract for the upgraded service will be entered for service to be delivered
from February 16th to May 15th.
For violating our Acceptable Use Policy (hereinafter:
AUP. See section VIII) Fluid Hosting reserves the right to cancel service to
customer without any advance notification, even in the middle of the contract
duration while still requiring customer to maintain his/her payment obligations
for the remaining contract duration. No refund will be given to customers for
AUP violation. See our refund policy in more details in Section V.
To ensure no interruption of services,
customer agrees that this contract will be automatically renewed at the end of
the contract expiration date for the same contract duration. For example,
monthly contract will be automatically renewed at the end of the contract date
for another month. Quarterly contract will be automatically renewed at the end
of the contract date for another quarter, and so on.
Customer can choose not to have the contract automatically
renewed by giving Fluid Hosting advance written notification no less than thirty
days prior to the expiration date on the contract. With such written
notification, Fluid Hosting will terminate services to customer at the end of
the contract expiration date. Once the account/service is terminated, Fluid
Hosting will neither be responsible to provide any data archive to customer nor
maintain backup of customer's data. Customer also agrees not to hold Fluid
Hosting responsible for any data loss due to this account/service termination.
All
written notification should be sent to billing@fluidhosting.com. Customer
should expect a confirmation email with a ticket number assigned. It is to be
assumed that if customer does not received confirmation email and ticket
number, then Fluid Hosting never receives any email sent by customer.
III.1 Shared Hosting and Reseller Customers
In addition to sending an advance written
notification as described above, Shared Hosting and Reseller Customers must
confirm the contract termination by opening a ticket from within their control
panel. This is to ensure that the account owner or administrator has indeed
made such cancellation request. Fluid Hosting will not refund any unused
portion of customer's already paid hosting fees.
III.2 VPS, Collocation, and Dedicated
Customers
In addition to sending an advance written
notification as described above, VPS, Collocation, and Dedicated Server
customers must also confirm the contract termination by faxing us a written
termination request. Please email billing@fluidhosting.com for the current
fax number and any information needed in the fax. Information needed may
include, but not limited, to the following: Account/Subscription/VPS ID (for
VPS customers), Account ID (for Collocation and Dedicated Server customers),
signature of the account administrator/owner, requested cancellation date, and
government picture ID. This is to ensure that the account owner or
administrator has indeed made such cancellation request. Fluid Hosting will not
refund any unused portion of customer's already paid hosting fees.
IV. Payments
Customer is expected to make payment in
exchange for the services provided and to also make payment for any applicable Federal,
State, and local taxes whenever applicable. Fluid Hosting only accepts the
following payment methods: (1) credit card payment, (2) PayPal payment, (3)
money order payment, (4) payment by company or certified check, and (5) wire
transfer with applicable wire transfer fees ($25 for domestic wire transfer and
$40 for international wire transfer). A $25 non-refundable fee will be imposed
for all bounced checks.
Customer agrees not to do credit card chargeback
for all charges already made. All credit card chargeback will be reversed for
the amount of the chargeback plus chargeback processing fee of 15% of the total
chargeback amount with a minimum chargeback processing fee of $20.
In the event of unpaid balances, other disputes,
and chargeback, Fluid Hosting reserves the right to suspend and even terminate
customer's service/account without any advance notification. Furthermore, Fluid
Hosting reserves the right to hold customer's data, domain(s), and customer's
own equipments/servers until all past-due balances have been paid in full and all
disputes have cleared. During this hold period, Fluid Hosting is under no
obligation to provide customer with customer data, to allow any domain
registered by Fluid Hosting be transferred to other registrar, and to allow
customer to access customer's own equipments/servers. If all outstanding
balances are not resolved within 45 days, Customer agrees to transfer all
ownership and claims of customer's data, customer's registered domain(s), and customer's
own equipments/servers to Fluid Hosting. Fluid Hosting at its disposal will do
whatever necessary to customer's data, customer's registered domain(s), and
customer's own equipments/servers to recover our lost. Furthermore, Fluid
Hosting will forward all balances due to the collection agency.
Fluid Hosting reserves the right to charge a
late payment fee of two percent per month with a minimum late fee of
$5.00/month, whichever is more for late payments and for all payments delayed
resulting from bounced checks, disputes, and chargeback. Customer also agrees
to make any additional payment should any fees incurred from customer's late
payments. This additional payment includes, but not limited to, attorney fees,
collection agency fees, and et cetera.
IV.1 Shared
Hosting and Reseller Customers
Customer is expected to pay any balances due
under the customer's account on or before the contract renewal date. Customer
can choose to put his/her credit card on file with us, which will allow the
billing system to charge the credit card automatically for all balances under
the account. On the day the contract renews, Fluid Hosting will attempt to
charge the credit card on file to renew the service automatically for the
duration of the contract. If such attempt fails or if no credit card has been
put on file, Fluid Hosting will send an invoice and notification to the billing
contact email address under customer's record. Customer will then have thirty
days of grace period, counted from the contract renewal date, to pay for all
balances due.
If outstanding balance is not paid after this
thirty-day grace period, Fluid Hosting reserves the right to suspend and/or
terminate customer's account. Once account is suspended, it can be re-activated
again with a reactivation fee of no less than $25 and no more than $100,
depending on the type of account and contract duration customer has. Customer
understands that multiple late payments/suspensions may result in an automatic
service termination. Once the account/service is terminated, Fluid Hosting will
neither be responsible to provide any data archive to customer nor maintain
backup of customer's data. Customer also agrees not to hold Fluid Hosting
responsible for any data loss due to this account/service termination.
IV.2
VPS Customers
Customer is expected to pay any balances due
under customer's account on or before the contract renewal date. Customer can
choose to put his/her credit card on file with us, which will allow the billing
system to charge the credit card automatically for all balances under the
account. Fourteen days (two weeks) prior to the contract renewal date, renewal
invoice will be generated and sent to the billing contact email address under
customer's record. Fluid Hosting will then attempt to charge the credit card on
file to renew the service automatically for the duration of the contract. If
such attempt fails or if no credit card has been put on file, customer will
then be given thirty days of grace period, counted from the contract renewal
date, to pay for all balances due.
If outstanding balance is not paid after this
thirty-day grace period, Fluid Hosting reserves the right to suspend and/or
terminate customer's account. Once account is suspended, it can be re-activated
again with a reactivation fee of no less than $50 and no more than $150, depending
on the type of account and contract duration customer has. Customer understands
that multiple late payments/suspensions may result in an automatic service
termination. Once the account/service is terminated, Fluid Hosting will neither
be responsible to provide any data archive to customer nor maintain backup of
customer's data. Customer also agrees not to hold Fluid Hosting responsible for
any data loss due to this account/service termination.
IV.3
Collocation and Dedicated Server Customers
Customer will be billed 15 days in advance. On
the 15th of every month, an invoice will be sent to the email
contact address under customer's record. Customer is then given 30 days to pay any
balances due. Thus, for service to be delivered on Dec 1st to Dec 31st,
Fluid Hosting will send an invoice on November 15th and customer
will then have up to Dec 15th to make pay for the invoice. Customer
can choose to put his/her credit card on file with us, which will allow the
billing system to charge the credit card automatically for all balances under
the account.
If outstanding balance is not paid after this
thirty-day grace period, Fluid Hosting reserves the right to suspend and/or
terminate customer's account. Once account is suspended, it can be re-activated
again with a reactivation fee of no less than $75 and no more than $200,
depending on the type of account and contract duration customer has. Customer
understands that multiple late payments/suspensions may result in an automatic
service termination. Once the account/service is terminated, Fluid Hosting will
neither be responsible to provide any data archive to customer nor maintain
backup of customer's data. Customer also agrees not to hold Fluid Hosting
responsible for any data loss due to this account/service termination.
V. Money Back Policy
Fluid Hosting is proud to offer a thirty-day unconditional
money back guarantee to all Shared Hosting, Reseller Hosting, and VPS Hosting
customers. This thirty-day unconditional money back guarantee is offered to allow
customer to try our service with full confidence. Customer may request for account/service
cancellation during this 30 day period. Upon such request, Fluid Hosting will
terminate customer's account/service and give customer 100% refund. Once the
account/service is terminated, Fluid Hosting will neither be responsible to
provide any data archive to customer nor maintain backup of customer's data.
Customer also agrees not to hold Fluid Hosting responsible for any data loss
due to this account/service termination.
The thirty-day money back guarantee starts on
the day when the customer account/service is started. The day the service start
is the first day on this thirty-day money period. Thus, if customer
account/service is activated on January 1st, then customer may
request money back as long as the request is filed on or before January 30th.
Our thirty-day money back guarantee only
applies to customer with monthly contract. Customer who initially signs up with
longer contract will void the thirty-day money back guarantee offer. We
strongly recommend customer who would like to try our service not to enter a
longer contract initially. Monthly contract is available for customers who wish
to try our service and benefit from our thirty-day money back guarantee offer.
All
money back must be requested by sending an email to billing@fluidhosting.com which
in turns will send a confirmation email with a ticket number to customer. It is
to be assumed that if customer does not received confirmation email and ticket
number, then Fluid Hosting never receives any email sent by customer.
Our
thirty-day money back guarantee only applies to Shared Hosting, Reseller, and
VPS customers only. It does not apply to Collocation and Dedicated Customers.
VI. Refund Policy
Customer understands and agrees that the
followings are not refundable: (1) any applicable setup fees as part of the
service contract, (2) previous and all already paid hosting fees, (3) any fees
incurred for additional consultation/administration services already performed
and agreed by both parties, and (4) domain name(s) already registered, even if
Customer has mistakenly misspelled the domain name(s).
For breaking our AUP, Fluid Hosting has the
right to suspend and even terminate customer's account without any advance
written notification; customer may reinstate the service with the penalty/reinstatement
fees as described in our AUP or in section III above, whichever is more. No
refund will ever be given to customer for breaking our AUP. In the event of
account/service termination resulting from AUP violation, Fluid Hosting will
neither be responsible to provide any data archive to customer nor maintain
backup of customer's data. Customer also agrees not to hold Fluid Hosting
responsible for any data loss due to this account/service termination.
Without breaking the AUP, Fluid Hosting has
the right to discontinue its service and contract obligation to customer with
at least fourteen-day advance notification (for monthly contract) or thirty-day
advance notification (for other contract durations). Such notification will be
sent to customer's contact email address under customer's record. In such rare
case, Fluid Hosting agrees to refund customer for the unused services already
paid. Once the account/service is terminated, Fluid Hosting will neither be
responsible to provide any data archive to customer nor maintain backup of
customer's data. Customer also agrees not to hold Fluid Hosting responsible for
any data loss due to this account/service termination.
Fluid
Hosting is proud to offer all customers our commitment to providing highest service
quality guarantee. Such guarantee can be seen on our Service Level Agreement
(hereinafter: SLA). In the rare event that
Fluid Hosting fails to meet its SLA, customer has the right to request refund
as described in our SLA. Please read Section
IX for further details.
VII.
Backup Service and Availability
Fluid Hosting offers Backup service to Shared
and Reseller Hosting customers. Unless otherwise agreed, backup service is optional
for VPS, Collocation and Dedicated customers.
Fluid Hosting will do a regular daily and
weekly backup for our customer's data, excluding all mailboxes and log files, into
our backup servers. Fluid Hosting will maintain all backup archives for at most
seven days. When requested, Fluid Hosting will make all attempts to restore
customer's data for a fee of $25 per each restore request when it is clear that
such restore is requested because of customer's own fault/negligence. For
customer's own fault/negligence, Fluid Hosting does not guarantee that restore
request can be fulfilled. Customer agrees not to hold Fluid Hosting harmless in
this case.
For our own fault/negligence, Fluid Hosting
will restore customer file(s) free of charge when requested provided that such
request is made within seven days after the time the negligence is done. After
the seven days, Fluid Hosting offers not guarantee that the restore request can
be fulfilled. In the rare event that we can not restore customer file(s) while it
is clear that the request has been made within seven days after the time the
negligence is done, Fluid Hosting agrees to compensate customer 100% of customer's
monthly hosting fee. This compensation will be provided as service credit only
and can only be given once in any one-month period.
VIII. Acceptable Use Policy
To
ensure the highest level of service, customer is strongly advised to review our
written Acceptable Use Policy (AUP) carefully and to adhere to it at all time. The
purpose of this policy is to outline the acceptable use of all of our services
offered to customer. These rules are in place to protect Fluid Hosting and its
customers. Inappropriate use exposes Fluid Hosting to risks including virus
attacks, compromise of network systems and services, and legal issues.
Fluid
Hosting will be the sole arbiter as to what constitutes as unacceptable use. When
in doubt, feel free to contact Fluid Hosting at info@fluidhosting.com.
Under no
circumstances is the customer authorized to engage in any activity that is
illegal under local, state, federal or international law while utilizing Fluid
Hosting-owned resources, including but not limited to Fluid Hosting's servers,
customer's collocated servers while residing on Fluid Hosting's facility and
Fluid Hosting's network. It is customer's responsibility to check with local,
state, Federal and any applicable international laws and to abide to such laws
at all time.
For breaking
any our AUP, Fluid Hosting reserves the right to suspend or terminate customer's
service/account without prior warning or notice. Furthermore, the customer may
be liable for a penalty of $500 minimum and up to the maximum allowable under
local/state law, for each AUP violation.
The lists
below are by no means exhaustive, but attempt to provide a framework for
activities which fall into the category of unacceptable use. The following
activities are strictly prohibited, with no exceptions:
1. Violations of the rights of any
person or company protected by copyright, trade secret, patent or other
intellectual property, or similar laws or regulations, including, but not
limited to, the installation or distribution of "pirated" or other
software products that are not appropriately licensed for use by the customer.
2. Unauthorized copying of copyrighted
material including, but not limited to, digitization and distribution of
photographs from magazines, books or other copyrighted sources, copyrighted
music, and the installation of any copyrighted software for which the customer
or the end user does not have an active license is strictly prohibited.
3. Exporting software, technical
information, encryption software or technology, in violation of international
or regional export control laws, is illegal.
4. Storing or distributing
adult-related material.
5. Introduction of malicious programs
into the network or server (e.g., viruses, worms, Trojan horses, e-mail bombs,
etc.).
6. Revealing your account password to
others or allowing use of your account by others that are not a direct member
of your company. This includes family and other household members when work is
being done at home.
7. Using a Fluid Hosting computing
asset to actively engage in procuring or transmitting material that is in violation
of sexual harassment or hostile workplace laws in the user's local
jurisdiction.
8. Making fraudulent offers of
products, items, or services originating from any Fluid Hosting's server or
network.
9. Effecting security breaches or
disruptions of network communication. 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. For purposes of this section, "disruption"
includes, but is not limited to, network sniffing, pinged floods, packet
spoofing, denial of service, and forged routing information for malicious
purposes.
10. Port scanning or security scanning
is expressly prohibited unless prior notification to Fluid Hosting is made.
11. Executing any form of network
monitoring which will intercept data not intended for the customer's
account/host.
12. Circumventing user authentication
or security of any host, network or account.
13. Interfering with or denying service
to any user other than the customer's account/host (for example, denial of
service attack).
14. Using any program/script/command,
or sending messages of any kind, with the intent to interfere with, or disable,
a user's terminal session, via any means, locally or via the Internet.
15. Running any IRC related scripts or
programs, including but not limited to eggdrop, bnc, ircdaemon and irc bot.
16. Running any process / daemon /
service in the background on Fluid Hosting's shared server without prior Fluid
Hosting's approval.
17. On Fluid Hosting's shared server,
running CGI or server-side scripts or programs, intentionally or otherwise
using excessive amount of system resources or causing degradation of server
performance. Any such process will be terminated without prior warning or
notice. Fluid Hosting will be the sole arbiter of what constitutes excessive
use of system resources and degraded server performance.
18. Accessing system files or files
that do not belong to the customer.
19. Sending unsolicited email messages,
including the sending of "junk mail" or other advertising material to
individuals who did not specifically request such material (email spam).
20. Any form of harassment via email,
telephone or paging, whether through language, frequency, or size of messages.
21. Unauthorized use, or forging, of
email header information.
22. Solicitation of email for any other
email address, other than that of the poster's account, with the intent to
harass or to collect replies.
23. Creating or forwarding "chain
letters", "Ponzi" or other "pyramid" schemes of any
type.
24. Use of unsolicited email
originating from within Fluid Hosting's networks or other Internet service
providers on behalf of, or to advertise, any service hosted by Fluid Hosting or
connected via Fluid Hosting's network.
25. Posting the same or similar
non-business-related messages to large numbers of Usenet newsgroups (newsgroup
spam).
26. Unprofessional, hostile, and abusive conducts towards our staff and other customers.
IX. Service Level Agreement
For its benefit, customer is also advised to
review our written Service Level Agreement (SLA). Fluid Hosting will strive to
maintain the highest level of service quality to ensure the benefit of our
customers.
Unless otherwise noted, we guarantee that our internal
network connectivity, servers, and hardware required to serve customer's web
presence/application will be up and working at least 99.9% or better in any
given month. This means you should not experience a downtime of more than 43
minutes in any given month counted from the first day of every month. This
uptime guarantee excludes any scheduled emergency/non-emergency maintenance
work that may, unfortunately, force the downtime for a period of time until the
maintenance work is done. Fluid Hosting agrees to notify customers of all
non-emergency scheduled maintenance at least 48 hours prior to the date and
time the maintenance is to be performed. In the rare event that Fluid Hosting
sees an emergency maintenance is required in order to maintain the integrity of
our services to customers, Fluid Hosting may find it necessary to perform the maintenance
with short, or in some cases without any, advance notification. As much as
possible, Fluid Hosting will always attempt to do all maintenance as non-emergency
scheduled maintenance. All notifications regarding the maintenances will be
sent to the email address listed in the main/administrator contact and/or technical
contact under customer's record.
We are proud to offer you a service credit of 5% of your hosting fee for that month for
any 0.2% (or 1 hour 26 minutes in any given month starting from the first month) of downtime
beyond our uptime guarantee of 99.9%. SLA credit is limited to 100% of your monthly hosting
fee in any given month. All SLA refund must be requested within 7 days after the
SLA is broken and the request must be made by sending an
email to billing@fluidhosting.com which in
turns will send a confirmation email with a ticket number to customer. It is to
be assumed that if customer does not received confirmation email and ticket
number, then Fluid Hosting never receives any email sent by customer. SLA refund will be given only as service credit only.
The
following crucial services availability are guaranteed for all Shared and
Reseller Hosting customers: network connectivity, HTTP services (Apache and
IIS), FTP Service, Database Services (Access, MySQL, PgSQL, and MSSQL), Mail
Services (IMAP/IMAPS, POP3/POP3S, and SMTP/SMTPS), and DNS Services.
The
following crucial services availability are guaranteed for all VPS customers:
network connectivity and host node availability
The
following crucial services availability are guaranteed for all Collocation customers:
network connectivity and power to collocated servers/equipments.
The
following crucial services availability are guaranteed for all Dedicated customers:
network connectivity, power to dedicated server(s), and all hardware/components
in the server(s).
Fluid
Hosting does not explicitly guarantee the availability of any of our services
other than the above mentioned services.
We are only responsible to keep and maintain
our internal network connectivity. By internal network we mean the data center
and all of its connectivity from our uplink providers going into the data
center. We shall not be held responsible for any connectivity problems caused
in other networks outside of our internal network not within our control. We
define continuous packet losses originating inside our internal network of more
than 50% for over 3 hours as a loss of connectivity equal to 0.1% of downtime.
We also define sporadic packet losses originating inside our internal network
of more than 50% for duration of 12 hour as a loss of connectivity equal to
0.1% of downtime. It is your duty to provide us with a proof of any loss of
connectivity and/or other problems inside of our network.
By hardware we mean all hardware required
to deliver services to customers, such as: routers, switches, firewalls, and etc.
X. IP Assignments.
Customer agrees and understands that all IP(s)
assigned is (are) on a lease term basis and should be returned to Fluid Hosting
at the end of each service contract. Fluid Hosting also reserves the right to
reallocate/renumber customer's IP at any time. Furthermore, customer agrees to
only use IPs as needed, following the guidelines set by the American Registry
of Internet Numbers (AIRN) and to be able to provide technical justification
for any IP usage when such justification is requested. Fluid Hosting reserves
the right to audit customer's IP(s) usage at any time and may require
customer's justification for any assigned IP(s). Fluid Hosting will give
customer a grace period of fourteen days to resolve any IP(s) assignment
dispute. If Fluid Hosting does not receive any resolution to this dispute after
grace period has elapsed, Fluid Hosting reserves the right to take back any IP
from customer's IPs Pool. Customer agrees not to hold Fluid Hosting responsible
for any downtime to customer's website/service resulting from this unresolved
dispute.
X. Unsolicited Emails/SPAM complaints
Fluid
Hosting has the obligation to maintain the integrity of its network and
services. Because of this, Fluid Hosting does not take any unsolicited emails
(hereinafter, SPAM) complaints lightly. Upon receiving a SPAM complaint against
customer's website(s)/account, Fluid Hosting will notify customer and will
expect customer to resolve the spam complaint(s) as soon as possible. Fluid
Hosting reserves the right to suspend or even terminate customer's account and
service without any advance notification if multiple SPAM complaints against
customer's website(s)/account have been received. However, without notifying
the customer, Fluid Hosting also reserves the right to suspend and even
terminate customer's account on the first complaint received, especially when
it is clear that the customer is deliberately abusing our service against our
AUP. Fluid Hosting will neither provide any data archival nor be held
responsible for any data loss due to this account suspension and/or
termination. Every single SPAM emails sent will be considered a single instance
of AUP violation, and thus in accordance to our AUP, Fluid Hosting reserves the
right to charge customer up to $500 damage fee for each SPAM emails sent. In
short, Fluid Hosting defines SPAM emails/activities as any emails/activities which
are sent or accomplished without the permission from the receiving individuals and
which are originating from our network and/or from other networks/ISPs containing
any reference to or to advertise any products/services hosted on our network.
Please review our AUP for further description on the definition above.
XI. Addendums
For
security reason, we may be blocking certain ports in our network and we offer no
guarantee, explicit or implicit, that your applications will work because of
this. When in doubt, send an email to support@fluidhosting.com.
If you would like to have some ports opened, please send your request to support@fluidhosting.com. We
may charge you an administration fee of $10/month or $100/yr for each change in
our firewalls configuration to have the ports opened for you.
Changes
other than simple opening/closing ports will be quoted on case by case basis. Please
contact billing@fluidhosting.com
for the quote.
XI.1 Shared Hosting Customers
As
its extended service, SSH access to our Unix Web Servers is offered to Unix Shared
Hosting Customers. SSH access will enable customers to gain access to the web
server where customer's account(s)/domain(s) reside on. No SSH access to our
other servers (database server, mail server, and etc) or to our other web
server will ever be granted. Customer must manually request to have SSH access enabled.
Fluid Hosting will evaluate all SSH requests on case by case basis. We may
request customer to provide justification/reason for requesting SSH access. We
may also request a copy of government- issued Photo ID as our record.
Furthermore, customer agrees to a non-refundable $50 charge on all approved SSH
access request. Fluid Hosting reserves the right to decline any request without
any reason. Furthermore, Fluid Hosting also reserves the right to revoke any SSH
access previously given without any reason.
XI.2 Reseller Customers
Fluid Hosting extends it service to qualified
organizations, hereinafter referred to as .Resellers., to be our Technology
Partner and give resellers the ability to reseller our services and resources.
Fluid Hosting provides bulk shared hosting reseller accounts and VPS hosting
reseller accounts. Resellers can create their own hosting plans through our
bulk shared hosting reseller accounts and offer VPS hosting at discounted rate
to their clients through our VPS reseller program. Fluid Hosting is the sole
arbiter when it comes to determining what qualified organizations are.
Qualified organizations include web hosting companies, web design companies,
freelance designers, and any other of this nature. Unless otherwise agreed, unqualified
organizations or individuals subscribing to our reseller programs/accounts will
be considered as abusing our service and will be subjected to a termination
without warning. Fluid Hosting reserves the right to charge a penalty fine of
up to $250 per reseller program/account a customer has.
Fluid Hosting provide our resellers with many incentives/discounts to our
standard services while maintaining the quality and reliability other customers can expect from us. To ensure
the quality and reliability to our customers as well as our reseller.s customers, Fluid Hosting requires all
resellers to abide to this agreement. Furthermore, resellers also agree to maintain the same AUP to their
customers/clients. Fluid Hosting considers a violation to our AUP on behalf of resellers. customers/clients as a
violation on behalf of resellers themselves. Depending on the nature of the violation, Fluid Hosting reserves
the right to suspend resellers. accounts until further investigation. Resellers also agree to pay any additional
charges/fines as described in this agreement for each AUP violation.
The SSH policy for Shared Hosting Customers
(See Section XI.1) also applies to Reseller and its clients.
Furthermore, resellers agree to the following
terms:
1. resellers will not offer any trial
accounts
2. resellers will not offer any plan
with unlimited bandwidth and/or unlimited space
XI.3 Addendum to Collocation Customer
Unless
otherwise arranged, Customer will not have a direct access to our datacenter.
Customer may have an escorted visit to our datacenter provided that customer
has contacted us and received an approval 24 hours prior to the scheduled
visitation day.
Fluid
Hosting does not maintain customer's server/equipment. In the event of a failed
hardware/component, customer will have to provide the replacement. Customer may
choose to have us work on customer's server at a rate of $75/hour (non
emergency) or $150/hour (emergency), billable in 15 minutes increment. Customer
also agrees to pay for all hardware/replacement parts we provide.
Unless
otherwise agreed in the sales order, Fluid Hosting does not provide any server administration
as part of the service offering. Should our administration/consultation
services are needed, we will charge customer $75/hour (non emergency or during
business hours) or $150/hour (emergency or after business hours), billable in
15 minutes increment.
XI.4 Addendum to Dedicated Server Customer
Fluid
Hosting will maintain the integrity of our servers/equipments supplied to
customer. In the event of a hardware failure, Fluid Hosting will replace the
failed component within 12 hours after such failed component has been
identified.
Furthermore,
dedicated server customer does not have any permission to work on the
servers/equipments supplied/provided. All works must be done by our staff and all
hardware parts will be provided by us.
Unless
otherwise agreed in the sales order, Fluid Hosting does not provide any server
administration as part of the service offering. Should our
administration/consultation services are needed, we will charge customer $75/hour
(non emergency or during business hours) or $150/hour (emergency or after
business hours), billable in 15 minutes increment.
XII. Privacy Statement/Policy
Customer
understands that, for its own internal purposes, Fluid Hosting records
customer's IP and may use cookies to track customer's activities while
accessing our web sites/servers. Upon signing up for our services, customer
will enter personal/corporate information (name, physical/email addresses,
credit card number, and et cetera) to be stored in our system.
Fluid
Hosting is committed to respecting and safeguarding your privacy. And such, Fluid
Hosting will not share, sell, and disclose any part of customer's personal/corporate
information to an unknown and unauthorized third party. And thus, customer will
not receive unsolicited electronic/postal mails and/or phone contact. Please
note, however, some personal/corporate information you entered on the user
profile on our customer forums will be available to the public. Furthermore,
unless otherwise requested, the personal/corporate information you entered
during domains registration will also be publicly available. Fluid Hosting will
not be held reliable for any contact made in any way as a result from this
publicly available personal/corporate information.
Fluid
Hosting may share customer's personal/corporate information only to our
business partners, prospective investors/partners, our own
employees/independent contractors, and to the local/federal authority upon
request. Customer agrees that, based on the personal/corporate information
provided, Fluid Hosting may contact customer regarding, but not limited to,
system and/or maintenance notifications, products/services offered by Fluid
Hosting and/or its partners, Fluid Hosting activities/newsletters, and et
cetera.
Customer
is the sole owner of the data/programs stored on our system/servers. As such,
Fluid Hosting will not share, sell, and disclose any part of customer's
data/program to any third party, except when requested by the local/federal
authority. Furthermore, except for backup purposes and/or when requested by
customer, Fluid Hosting will not make or initiate copy of customer's data. Upon
service cancellation or termination, Fluid Hosting will remove all of
customer's data on our system/servers including personal/corporate information entered
during signup. There is an exception to this, please see Section III above for
more details on the exception.
When
in doubt, please contact us at info@fluidhosting.com
should you have further questions and/or concerns regarding the privacy of your
data and personal/corporate information.
XIII. Limitation of Liability
Other than the refund policy given above,
under no circumstances shall Fluid Hosting be liable for any indirect,
incidental, reliance, special, punitive or consequential damages including, but
not limited to, lost of profits and/or opportunities resulting from any
disruption of service and/or any acts of God, unauthorized access, alteration,
theft, corruption, or destruction of any equipments hosted within our network.
Fluid Hosting cumulative liability to Customer shall not exceed an amount
equivalent to the amount paid by Customer in three months prior to the notice
of the damage claim. Customer should be responsible for any additional fees including,
but not limited to, damage claim fees, attorney fees, and et cetera.
IV. Miscellaneous
Customer agrees that all court claims and
proceedings should be made in the state of Connecticut where Fluid Hosting has its
business presence. All applicable fees including, but not limited to, attorney
fees, court fees, and et cetera should be paid by customer.
Fluid Hosting reserves the right to change this agreement at any time without any prior
notification. Fluid Hosting will always maintain the latest revision to this
agreement, the SLA, and the AUP available to
the customer through Fluid Hosting main web site located at
http://www.fluidhosting.com/msa.php. It is customer's duty to always check the
newest revision to this agreement.
