Terms of Service
Fizzynet, LLC is committed to providing you with superior service and support. Our service level agreement (SLA) provides uptime and hardware guarantees if you have ordered a hosting package and your account is in good financial standing with Fizzynet, LLC.
Network Uptime Guarantee
Fizzynet, LLC guarantees a 99.9% uptime excluding scheduled maintenance and prior notified upgrades.
Credits
In the event that there is network outage*, Fizzynet, LLC will credit the monthly service charge for the following month's service as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed 25% of the monthly service charge for the affected month.
Server Availability Credit
- 98%-99.9% 5%
- 96%-97.99% 10%
- 90%-95.99% 15%
- 89.99% or below 25%
Fizzynet, LLC will ONLY be held responsible for its network and not for general conditions on the Internet. Delays that occur outside Fizzynet, LLC's routers caused by backbone failures/congestion, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications, or third party services (including DNS propagation) resulting in degradation of service and high packet loss or similar conditions, cannot be guaranteed by Fizzynet, LLC.
Service Credit Request Procedure
In order for you to receive a credit on your account, you must request such credit within 48 hours after you experience hardware failure or network outage. You must follow these steps:
- Request made by email to support at fizzynet dot com
- Include your server name, your domain name, and your full address as shown on your invoices
- Dates and times of unavailability of your server and any additional information
Credits will usually be applied to the following month's service within 30 days of acceptance of the request. Credit to your account shall be the sole and exclusive remedy in the event that there is a network outage or hardware failure.
| Standard Policies: |
User-Supplied Content
All services may be used for lawful purposes only. You must not submit, publish, or display on the network any defamatory, inaccurate, abusive, obscene, infringing, or threatening content. In addition, you may not submit, publish, or display any content that violates any US Federal, State, or Local Law. You are solely responsible for the content you make accessible through the Fizzynet, LLC network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local Laws, Ordinances, or Regulations.
Fizzynet, LLC is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent, or otherwise objectionable, Fizzynet, LLC has the right, but not the obligation, to edit, remove, or deny access to such content. Fizzynet, LLC may disclose any content or records concerning a customer's account as required to satisfy any Law, Regulation, Governmental Request, or Court Order. If Fizzynet, LLC is required, by court order, to hand over to law enforcement, any disk drives or other hardware being leased by a dedicated server client, the client will be held responsible for all damages, not necessarily limited to the replacement cost of the hardware itself.
Pornography and sex-related merchandising are prohibited on all Fizzynet, LLC servers. This includes sites that may infer sexual content, display nudity, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to Fizzynet, LLC's servers or any other server on the Internet. Links to such materials are also prohibited. In addition, any site selling or promoting bulk email service is not allowed. Below are some examples of non-acceptable content or links:
- Adult Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated Software (Warez) - Any software that is copyrighted and not freely available for distribution without cost: i.e. ROMs, ROM Emulators, and MPEG Layer 3 files (MP3s).
- Copyright Violations - Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer.
- Hacking/Phreaking - Includes sites with material, links, or resources for hacking, phreaking, viruses, anarchy, or any type of site that promotes or participates in willful harm to internet sites or providers.
Network Security
Customers may not use the Fizzynet, LLC network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's Security Policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. Fizzynet, LLC will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with Law Enforcement Authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
CGI Scripts
Each Fizzynet, LLC account comes fully equipped with its own pre-configured CGI-bin. Customers are free to use any CGI-Scripts provided with their account or add any additional ones they require. Any CGI-Scripts deemed to be adversely affecting the server performance or the network integrity may be shut down without prior notice. CGI-Script sharing with domains not hosted by Fizzynet, LLC is not allowed.
Chat Rooms
Fizzynet, LLC prohibits its customers from installing outside chat rooms on their domain, as these tend to be a resource problem.
Server Resources
Any website that uses a high amount of server resources (such as, but not limited to CPU time, memory usage, and network resources) will be given an option of either upgrading their service level or reducing the resource used to an acceptable level.
Background Running Programs
Background Daemons in general are prohibited. Fizzynet, LLC will consider requests on a per application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.
IRC
Fizzynet, LLC prohibits its customers from operating IRC or IRC Bots on any of the servers in the Fizzynet, LLC Network.
Backups / Restores
As a courtesy, Fizzynet, LLC provides a backup service on shared hosting accounts. You can request our administrators to restore an earlier backup of your site or any files for a one-time charge of $75. Although Fizzynet, LLC tries to ensure these backups are complete and accurate, we cannot guarantee data integrity. It is possible that a site and/or file may not be able to be restored without our knowledge. Fizzynet, LLC recommends that the customer frequently backup their site to their local computer. On most accounts, there is a backup manager that can assist you in this process.
Commercial Advertising/Mass Mailings
You must not use the Fizzynet, LLC network, Fizzynet, LLC equipment, or any Fizzynet, LLC email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the Fizzynet, LLC network, Fizzynet, LLC equipment or any Fizzynet, LLC email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages.
If you are found to have spammed, without warning, Fizzynet, LLC reserves the right to disable your domain. In addition, Fizzynet, LLC may impose a $250 penalty for each spam policy violation. Fizzynet, LLC solely reserves the right to refuse or cancel service to known spammers. Lastly, Fizzynet, LLC reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund.
Distribution and/or Transmission of Obscene, Indecent Speech or Materials Violation of Indecency and Obscenity Laws can result in criminal penalties.
Intellectual Property Rights
Material accessible to you through Fizzynet, LLC's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets, or proprietary information. Except when expressly permitted by the owner of such
rights, you must not use the Fizzynet, LLC service in a manner that would infringe, violate, dilute, or misappropriate any such rights, with respect to any material which you access or receive through the Fizzynet, LLC network. If you use a domain name in connection with the Fizzynet, LLC service or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Defamation
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
Fizzynet, LLC reserves the right at its sole discretion to refuse or cancel service. Violation of any of Fizzynet, LLC's rules and regulations could result in a warning, suspension, or possible account termination. Accounts terminated due to policy violations will not be refunded.
Payment for Services
Fizzynet, LLC will automatically renew your services with the credit card used on the original purchase unless auto-renew is turned off on the account profile. Customers not on auto-renew are required to pay for services manually by logging in and updating their services before the expiration date. Any account that is not paid by the expiration date may be terminated. Fizzynet, LLC will send notifications prior to cancellation.
Service Cancellation
To authenticate a cancellation request, you must email us at domains at fizzynet dot com from the contact email address that we have on file. You must include your account email address, account name, account password and the domain on which you want to cancel the hosting. We cannot accept cancellation requests over the phone for security reasons.
Billing will cease on the calendar day that cancellation is confirmed. The un-used portion of monthly hosting is non-refundable. Pro-rated credits are only applicable to full, un-used months of service that have been pre-paid.
Indemnification
Customer agrees that it will protect, indemnify, save, and hold Fizzynet, LLC harmless from any and all stipulations, liabilities, losses, expenses, and claims, as well as reasonable attorney's fees assessed against Fizzynet, LLC, its agents, customers, officers, employees, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, or assigns. Customer agrees to defend, indemnify and hold Fizzynet, LLC harmless against liabilities arising out of:
| (1) any injury to person or property caused by any products sold or distributed in association with Fizzynet, LLC's services; (2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright violation and any defective products sold to a customer from Fizzynet, LLC's services. |
Disclaimer
Fizzynet, LLC will not be responsible for any damages your business may suffer. Fizzynet, LLC makes no warranties of any kind, expressed or implied, for services we provide. Fizzynet, LLC disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Fizzynet, LLC and its employees. Fizzynet, LLC reserves the right to amend or update these policies without notice. Failure to follow any terms and conditions may result in account deactivation.
Fizzynet, LLC furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer's failure to comply with those laws will violate this policy. Finally, Fizzynet, LLC wishes to emphasize that in accepting services, customers indemnify Fizzynet, LLC for the violation of any law or Fizzynet, LLC policy that results in loss to Fizzynet, LLC or the bringing of any claim against Fizzynet, LLC. This means that if Fizzynet, LLC is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Fizzynet, LLC, plus costs and reasonable attorneys' fees.