Terms of Service

This Services Agreement (the "Agreement") contains the complete terms and conditions which govern your subscription of Web hosting, e-Commerce and other Internet-related services provided by Positive Fusion (the "Services"). As used in this Agreement, "Positive Fusion" means positivefusion.com and "Client", "you", or "your" means you. By clicking on the "Submit" button, you acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the Positive Fusion site. As referred to in this Agreement, "Site" refers to a World Wide Web site and "Positive Fusion Site" refers to the Site located at the URL http://www.positivefusion.com, or any other successor Sites owned or maintained by Positive Fusion.

  1. APPROPRIATE USE OF THE SERVICES

    Positive Fusion provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services.

    1. 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 Positive Fusion server in connection with Client's use of the Services which:

      1. violate any state, federal or foreign laws or regulations;

      2. infringe on any intellectual property rights (e.g., copyright, trademark, patent or other proprietary rights) of Positive Fusion or any third party;

      3. are defamatory, slanderous or trade libelous;

      4. are threatening or harassing;

      5. are discriminatory based on gender, race, age or promotes hate;

      6. violate any Positive Fusion policy posted on the Positive Fusion Site including, but not limited to, our Acceptable Use Policy (includes Adult Content Policy), UCE (SPAM) Policy, and Resource Abuse Policy.

      7. contain viruses or other computer programming defects which result in damage to Positive Fusion or any third party.

    2. Bandwidth

      Client may occupy only the amount of disk space on the Positive Fusion Server and utilize no more than the network bandwidth that is allotted by Positive Fusion. Additional fees will be charged for exceeding the disk space and/or network bandwidth allowance of your selected plan. The current fee for a bandwidth overage is $4.50 per gigabyte used and is payable immediately. An account that has exceeded the allowed bandwidth may be suspended until payment for bandwidth overages has been made.

    3. No "SPAM"

      Client shall not use the Services for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process. Client also shall not engage in any unsolicited email practices at Positive Fusion, or otherwise, that mentions or reference any domain hosted on Positive Fusion servers or parked on Positive Fusion DNS servers. This policy applies to all hosting accounts, all domains, name servers, and parked domains hosted by Positive Fusion. Violations of this policy will result in fines outlined in our UCE & Spam Policy

    4. Licensed Software Only

      Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

    5. Back-Up Files

      Client will have the ability to reinstate files which are automatically archived by Positive Fusion; however, Positive Fusion does not guarantee the existence, accuracy, or regularity of its backup services and, therefore, Client is responsible for making back-up files in connection with its use of the Services. Backup capability is available through the Client Control Panel.

    6. Termination

      Positive Fusion reserves the right to refuse service to anyone. Positive Fusion, in its sole discretion, may immediately terminate this Agreement at any time. Termination may result if Client engages in any of the foregoing. To report any unacceptable behavior by a third party using the Services, please contact abuse@positivefusion.com.

  2. PAYMENT OBLIGATIONS

    1. Service Fees

      By the First (1st) of each month, Positive Fusion shall either (i) debit Client's credit card (where such information is provided by Client) or (ii) deliver by e-mail or regular mail an invoice to Client in accordance with the applicable Services fees for services rendered for the current month. Where an invoice is delivered to Client, Client shall remit payment to Positive Fusion by no later than the specified payment due date. Positive Fusion shall be entitled to immediately terminate this Agreement for Client's failure to make timely payments to Positive Fusion. Certain services carry a set-up fee charged by Positive Fusion to Client that must be paid by Client in order to have use of the Services. If Client terminates this Agreement in accordance with Section 4 hereunder, Client shall be responsible for any outstanding fees owed to Positive Fusion and agrees to pay any and all fees incurred by Client. Because the Services are provided on a monthly basis, Client will be responsible for Service fees incurred each month regardless of when Client provides notice of termination. Thus, for example, if Client provides notice to terminate on the 15th of a particular month, Client will still owe fees for the entire month and such fees will not be pro-rated or refunded. No refunds will be issued when services are terminated by Positive Fusion for violations of our policies, any former client who signs up for service after termination of account for AUP violations will be refused services and any dollar amount paid in advance will be surrended to Positive Fusion and be deemed non-refundable.

      We do not offer refunds for service periods. A client contracts with us for set period of time, be that monthly or quarterly. The client is entitled to hosting services for that contracted period of time, unless cancelled by us for violations of our policies or by client choosing. A client that cancels their hosting account previous to the end of their contracted term is not entitled to a refund for any unused portion of time. Cancelling service previous to the end of the term results in forfeiting funds paid for that term.

    2. Domain Names

      If Client chooses to register a domain name(s) through Positive Fusion, Client acknowledges and agrees that Client will pay a registration fee(s) to register the domain name(s) with the applicable domain name registrar. Positive Fusion does not offer refunds for domain name registrations for any reason, including misspelling of the domain name.

  3. CLIENT LIABILITY AND INDEMNIFICATION

    The parties agree that in no event shall Positive Fusion 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 Positive Fusion 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.

  4. TERM, TERMINATION & REINSTATEMENT

    1. Subject to the terms and conditions hereof, this Agreement shall be effective on the date you register for the Services, and shall continue in effect on a month-to-month basis unless otherwise specified by separate agreement (the "Term") unless terminated earlier pursuant to the provisions of this Section 4. Either party will have the right to terminate this Agreement upon notice to the other party. If Client is terminating this Agreement, written or e-mail notice shall be sent. Sections 3 - 8 shall survive termination or expiration of this Agreement.

    2. If Client terminates its account, Client shall be allowed to re-instate Client's use of the Services within Seven (7) business days of cancellation. Client shall pay a fee of Fifty Dollars ($50) prior to any re-instatement of Client's account. Once payment has been received, Client's account will be activated within Forty-Eight (48) business hours. Positive Fusion will maintain an archival copy of Client's Web site for Seven (7) days after Positive Fusion receives notice of cancellation. Thereafter, Client will need to place a new order if it wishes to subscribe to the Services.

  5. TAXES

    Client will pay and indemnify and hold Positive Fusion 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.

  6. DISCLAIMER OF WARRANTY

    THE SERVICES, THE POSITIVE FUSION SITE, INCLUDING WITHOUT LIMITATION, ALL PRODUCTS AND SERVICES DISPLAYED OR OFFERED ON THE POSITIVE FUSION SITE, AND ALL TEXT, GRAPHICS, LINKS AND APPLICATIONS ARE PROVIDED TO CLIENT ON AN 'AS IS' BASIS AND WITHOUT WARRANTY OF ANY KIND. POSITIVE FUSION 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, POSITIVE FUSION 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.

  7. LIMITATION OF LIABILITY

    IN NO EVENT SHALL POSITIVE FUSION BE LIABLE FOR DAMAGES RESULTING FROM LOSS OF DATA, PROFITS, USE OF THE POSITIVE FUSION SITE OR ANY POSITIVE FUSION 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 POSITIVE FUSION’ CUMULATIVE LIABILITY EXCEED AN AMOUNT GREATER THAN FIFTY DOLLARS ($50 US).

  8. MISCELLANEOUS

    1. Notices

      Any notices or communication under this Agreement shall be in writing and shall be deemed delivered to the party receiving such communication at the address specified below (1) on the delivery date if delivered personally to the party, or a representative of the party; (2) one business day after deposit with a commercial overnight carrier, with written verification of receipt; (3) five business days after the mailing date, whether or not received, if sent by postal mail, return receipt requested; (4) on the delivery date if transmitted by confirmed facsimile.

      If to Positive Fusion:
      Positive Fusion
      780 Lindia DR
      Chambersburg, PA 17201-8711

      If to Client:
      Name and address provided for account setup.

    2. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted. This Agreement (including the Exhibits, attachments and/or addenda, if any,) represents the entire agreement of the parties with respect of the subject matter hereof and supersedes all prior and/or contemporaneous agreements or understandings, written or oral between the parties with respect to the subject matter hereof. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned or delegated in any manner by Client, but may be so transferred, assigned or delegated by Positive Fusion. Any waiver or any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right. In any legal proceeding between the parties under this Agreement, the prevailing party shall be entitled to recover its costs, expenses and reasonable attorneys' fees. This Agreement is made under and shall be governed by the laws of the United States of America, except with regard to it’ conflict of law rules. This Agreement and Positive Fusion’ policies are subject to change by Positive Fusion without notice. Continued usage of the Services after a change to this Agreement by Positive Fusion or after a new policy is implemented and posted on the Positive Fusion Site constitutes your acceptance of such change or policy. We encourage you to regularly check the Positive Fusion Site for any changes or additions.