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Terms & Conditions
This website is controlled and operated by FSN from its offices within [insert location]. FSN makes no representation that the products or services accessed through this website are appropriate or legally available for use in other locations. Those who choose to access the products, services, or the website from other locations do so of their own volition and are responsible for compliance with applicable local laws.
Individuals, organizations, and businesses located in countries subject to [Country]’s embargoes, as well as any person listed on [Country]’s Treasury Department’s list of Specially Designated Nationals or listed on [Country]’s Commerce Department’s Table of Denial Order or Entities List, may not enter into agreements associated with the products or services available from FSN. By placing an order with FSN, you acknowledge that you are not such a person, organization, or business.
Hosting, Data Backup Services, And Storage Services
This Hosting Agreement (“Agreement”) is between the party placing the order for the services (the “Customer”) and Fiber Stream networks (“FSN”) and governs the hosting, related Internet connectivity, and/or other services, including, without limitation, hosting, data backup, and storage services (the “Services”) specified in the order form completed by or on behalf of the Customer (the “Service Order”), which Service Order is incorporated herein by this reference.
FSN shall provide the Services as set forth herein, and the Customer shall pay the fees for the Services as specified on the Service Order. Payment is due for the initial term of the Services when the Customer places the order, and payment is due for each renewal term of the Services on the date specified in the applicable Service Order Receipt from FSN (the “Due Date”). Amounts unpaid after the applicable Due Date shall accrue interest at the lesser of 1.5% per month and the maximum lawful rate (“Interest Rate”). FSN reserves the right to suspend or terminate Services to any account in payment default, which suspension or termination shall not relieve the Customer of its obligation to pay the fees for the Services.
Duration and Renewal
This Agreement shall be effective upon the Customer’s acceptance of the terms hereof pursuant to the instructions set forth in the online Services ordering process (the “Effective Date”) and shall continue until the Expiration Date. Unless earlier terminated, renewed for a specific renewal term, or the Customer has given FSN written notice of termination at least 10 days prior to the Expiration Date of the Services, this Agreement shall renew and continue in effect for a renewal term equivalent in length to the term just ended at FSN’s then-current price for such term length for the Services as set forth in the applicable Service Order from FSN. The Expiration Date means the last day of the service term for which any Services are ordered, with such service term being measured from the date FSN first makes the Services available for use by the Customer (“Commencement Date”), as extended by any renewal term.
Equipment and Maintenance
As part of the Services, FSNprovides servers, associated operating systems, and other applicable software, equipment used for Internet connectivity, and required space in a FSN data center (the “Equipment”). FSN acts solely as a provider or “reseller” of the Equipment it uses to provide the Services, which have been manufactured or otherwise provided by a third party. Customer’s sole remedies for any malfunction or defect in the Equipment are the Service Level Agreements described in Section 11 below.
FSN shall have no obligation to provide support and no liability for any interruption or deficiency in the Services resulting from unauthorized tampering or alteration of the Equipment or the function or malfunction of hardware or software not supplied by FSN.
Customer shall promptly report all alterations to Equipment or software initiated or implemented by unauthorized persons and shall promptly implement any corrective procedures required by FSN. Fiber Stream networks exercises no control over, and specifically rejects any responsibility for, the content, accuracy, or quality of information passing or obtained through or resident on the Equipment. Use of any information obtained via the Equipment is strictly at Customer’s own risk.
Acceptable Use Policy
Customer and those using the Services through Customer shall at all times comply with Fiber stream networks’s Acceptable Use Policy, which is incorporated into and made a part of this Agreement.
Fiber Stream networks may take any preventative or corrective actions specified in the Acceptable Use Policy, up to and including suspension of the Services or termination of the Agreement, which suspension or termination shall not relieve Customer of its obligation to pay the fees for the Services.