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Service Level Agreement

This page aids You to understand the Terms of Services laid down by FortuneHost.com Inc. These Terms shall apply to and be incorporated into any Agreement between the Company and the Customer relating to the Services. Before signing up/Ordering any product/service listed on our web site, please read the Terms of Services carefully and print them for future references.

Denial to accept Our Terms of Services will avoid you from ordering any of Our services/products.

The terms "you," "your," "client" & "Customer" clearly states the person or entity utilizing the Service while the terms "we," "our," "us" & "Company" means FortuneHost.com Inc.

  1. FortuneHost intends to provide the best possible web hosting service to each of its Customers. FortuneHost is also dedicated to staying abreast of new and available technologies that will better serve our Customers. However, in order to comply with the changing technologies, , FortuneHost reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.
  2. You must agree that FortuneHost is not liable to you for any special consequential damages which you may suffer as a result of loss of business, contracts, profits, savings, without limitation weather conditions, acts of God, governmental actions, fire, earthquake, national emergency, acts of terrorism, protests, strikes, riot or civil commotion. Also, FortuneHost is not responsible for any loss of data resulting from delays outside of our control, missed or non-deliveries, service interruptions or by errors or omissions of the customer.
  3. Customer hereby agrees that any material submitted for publication on FortuneHost through user's account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous.
  4. You will not use the Service or permit others to use the Service through your account in any way that violates any law or regulation; subjects UK Law to liability; or is in any violation of the FortuneHost Terms of Service Agreement.
  5. Unacceptable site content, links, storage and/or distribution including, but not limited to, pirated software or programs which are intended or used for security violation purposes ("cracking software"); "Warez Sites"; "IRC Bots"; and defamatory, scandalous, or private information about a person without their consent.
  6. We reserve the right to remove permission to access the Service if we suspect security violation attempts involving your account, whether directly deliberately caused by you or not.
  7. Due to changes in price of the third party softwares and licenses by the vendors from time to time, FortuneHost reserves the right to imply the same to its services.
  8. You agree not to use the service for impersonating any person or entity, including but not limited to, a FortuneHost.com Hosting official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; forgery of headers or otherwise manipulating identifiers in order to disguise the origin of any CONTENT transmitted through the SERVICE.
  9. You agree not to use the service for uploading, posting, e-mailing, transmitting or otherwise making available any CONTENT that you do not have the right to make available under any law or contractual or fiduciary relationships (such as insider information, proprietary or confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  10. You agree not to use the service for interfering with or disrupting the SERVICE or servers or networks connected to the SERVICE, or disobeying any requirements, procedures, policies, or regulations of networks connected to the SERVICE.
  11. If you are in any way disrespectful towards any member of the FortuneHost staff we have full right to terminate your account with us without any refund.

Adult Content :
Users may not host any hardcore adult content or porn websites on our servers. Software intended to facilitate any such violations or infringements may not be stored on FortuneHost. We allow websites with legal adult content only. Child pornography is strictly prohibited along with sexually-explicit images/videos which are obtained illegally to host on our servers.

SPAMMING & Commercial Advertising- Email (SPAM)/UNSOLICITED COMMERCIAL EMAIL (UCE):

  1. The Client agrees to not utilize FortuneHost Services in any manner to Spam and/or send unsolicited bulk e-mails. In the event that any Client breaches or fails to comply with any/or part of provisions set out FortuneHost retains the right to suspend and/or terminate the Client’s Hosting Services.
  2. You agree and understand that we have set a limit of 100 outgoing emails per hour on windows shared and reseller hosting, 300 outgoing emails per hour on Linux shared and reseller hosting, 500 outgoing emails per hour on VPS Hosting, 1000 outgoing emails per hour on Cloud Hosting and 3600 outgoing emails per hour on Dedicated Hosting to avoid any sort of email spamming from our servers. Customers cannot send more than the specified number of emails in an hour irrespective of the size of their mailing lists.

Domains :

  1. The Customer acknowledges that all Domain Names are registered through a third party registrar, eNom. You agree to comply with the eNom policies regarding domains including terms like Domain Expiration, Redemption etc.
  2. Customers should know and understand the legal agreement between ENOM INC, and LegitScript, under the purview of which domains purchased to sell prescription drugs, via a company not properly licensed in the destination country and not complying with the standards laid down, could lead to possible cease and legal action. This clause is intended to make Customers aware beforehand as FortuneHost has no control over this process & disputes will need to be handled in the disputed country with the aid of the legal channel.

COPYRIGHT, TRADEMARK, AND "IP RIGHTS HOLDER" NOTICE OF INFRINGEMENT INFORMATION: In accordance with the Digital Millennium Copyright Act, FortuneHost has adopted a policy that provides for termination of websites hosted by FortuneHost that are found to infringe on copyrights, trademarks or other intellectual property rights of third parties (each an “IP Rights Holder”) If a IP Rights Holder holder believes that there has been a violation of his or her copyright on a website that is hosted by FortuneHost or a FortuneHost subsidiary, and the IP Rights Holder wants FortuneHost to remove the website or disable the material in question, FortuneHost will remove the website or disable the material if the IP Rights Holder provides us with all of the following information.

  1. A signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed. Identification of the copyrighted work that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.
  2. Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.
  3. Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.
  4. A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

SECURITY, OWNERSHIP & VIRUSES:
FortuneHost uses sophisticated means of security in connection with the Services. Notwithstanding the foregoing, it is exclusively Customer's obligation to maintain and control passwords to Customer's web site(s), and Customer exclusively is responsible for all activities that occur in connection with Customer's user name, password, registered domain name(s); as well as any and all scripts or programs added to the account by the Customer or authorized users. Customer agrees to immediately notify FortuneHost of any unauthorized uses of the Service or any other breaches of security. FortuneHost will not be liable for any loss or damages of any kind, under any legal theory, caused by Customer's failure to comply with the foregoing security obligations or caused by any person to whom Customer grants access to Customer's Services. Any programs or scripts available via the cPanel interface are solely the Customer's responsibility to update and secure.

Access and Control Policy
When a new account or domain, as applicable, is registered with or transferred to FortuneHost or with one of its affiliates, the process requires and results in the creation of the following within the records of FortuneHost, in association with said new account or domain which may include, but is not limited to:

Name of person registering
email address
user name
password
associated payment information, such as Visa, MasterCard, etc., Credit Card Number & name thereon, etc.

If a person contacts FortuneHost and claims that he or she is entitled to access to an account, website, or domain registered with FortuneHost or its affiliate but is without access (for any reason such as but not limited to forgotten password or forgotten user name, data loss or corruption on personal computer, improperly locked out, and so forth), FortuneHost will give access to the person who acceptably evidences he or she has substantially all of:

name of the person who originally registered
email address of the person who originally registered
the user name of the person who originally registered
the associated payment information of the person who registered, such as Visa, MasterCard, etc., Credit Card Number & name thereon, etc.

Legal photo identification evidencing she or he is the rightful possessor and user of said credit card or payment medium Otherwise, FortuneHost will not give access and control to a claimant unless FortuneHost is served with a valid order of a court, agency, or appropriate Internet controlling entity such as Internet Corporation for Assigned Names and Numbers ("ICANN"), requiring FortuneHost to give such access and control to said claimant or unless there is submitted to FortuneHost at legal@FortuneHost.com a written statement duly signed by the person who originally registered said account, in which statement is duly notarized, and in which said originally registering person confirms that said claimant is entitled to access and control of the account, together with a written notarized statement duly signed by claimant which confirms claimant is entitled to access and control of said account, website and/or domain and has read and agreed to these Terms of Service. Customer acknowledges and accepts that the foregoing access and control policies and procedures are the only way that notice(s) can be given and changes can be effected regarding said access and/or control; and, further, that any other changes made directly by Customer or by others within the online records of FortuneHost or of its affiliates shall not be deemed effective to give notice to FortuneHost or its affiliates of any changes in said access or control.

Customer acknowledges and accepts said access and control policy and procedure, agrees not to bring any claim in the form of a lawsuit or otherwise against FortuneHost arising out of its following said policy and procedure, agrees immediately to dismiss any claim so brought, and hereby releases FortuneHost from all liability and all claims for damages or any other liability whatsoever that may arise out of FortuneHost's following said policy and procedure.

License to FortuneHost
Ownership Claim
FortuneHost claims no ownership interest in the content of Customer's web site(s). By submitting content and data to FortuneHost, Customer grants to FortuneHost, its successors and assigns, the worldwide, royalty-free, and nonexclusive license under Customer's copyrights and other rights, if any, in all material and content displayed in Customer's web site to use, distribute, display, reproduce, and create derivative works from such material in any and all media, in order to maintain such content on FortuneHost's servers during the term of these Terms. Customer also authorizes the downloading and printing of such material, or any portion thereof, by end-users for their personal use. This license shall terminate upon Customer's cancellation of the Services as set forth in "Cancellation of Services."

Transfer of Ownership
FortuneHost is not responsible to determine ownership of websites hosted by, accounts opened with, or domains registered with FortuneHost or its affiliates. By accessing FortuneHost's system, registering, or using any of the Services provided by FortuneHost, the Customer, or any other person so accessing, registering or using, hereby represents and warrants that the information provided in connection with said registration, including as well information concerning ownership of websites, domains, and accounts, is true, accurate, and complete in each material detail. Any disputes arising regarding the ownership of any account, website, or domain hosted by, opened with, or registered with FortuneHost or any of its affiliates are subject to the terms and conditions.

FortuneHost will recognize a change of ownership of account(s) with, of websites hosted by, and/or of domains registered with FortuneHost or its affiliates only in the event that at least one of the following occur:

there is received by the Compliance Manager (legal@FortuneHost.com) a written statement (in a form acceptable to FortuneHost or applicable affiliate) containing the notarized signature of the original owner of the account, website, and/or domain, as applicable, confirming that ownership of the website, domain, and/or account, as applicable, has been transferred to a person (claimant) claiming to own said website, domain and/or account, as applicable, along with a written statement containing the notarized signature of the claimant confirming that she or he has acquired said ownership, has read and agrees to be bound by these Terms of Service; or,

FortuneHost is served with a valid order of a court, agency, or appropriate internet controlling entity such as Internet Corporation for Assigned Names and Numbers (ICANN), requiring FortuneHost (or affiliate) to transfer such ownership to said claimant.

Customer acknowledges and accepts that the foregoing policies and procedures regarding transfer of ownership are the only way that notice(s) can be given and changes can be effected regarding said transfer of ownership within FortuneHost; and, further, that any other changes made directly by Customer or by others within the online records of FortuneHost or of its affiliates shall not be deemed effective to give notice to FortuneHost or its affiliates of any changes in said ownership.

Viruses and Other Destructive Activities
Use of the Services for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any Customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use the Services (or any connected network, system, service or equipment) or conduct their business over the Internet.

TERMINATION:
Cause for such termination shall include but is not limited to:

You may terminate this Agreement by using the methods outlined in Section 'Closing an Account' of this Agreement. Your termination will only be complete upon cancellation/termination request via Electronic Mail/Cancellation Form. Charges to your account will stop accruing the day we receive your termination request. However, you will be liable to pay any outstanding for the service/s allotted as a result of goodwill. FortuneHost will not issue refunds for fees paid in advanced or for accounts that have been activated passed the 30 Day Money Back Guarantee mark. Upon termination of this Agreement, all rights granted to you or your authorized users under this Agreement shall immediately cease and terminate.

CLOSING AN ACCOUNT & REFUNDS:
Customer agrees to direct all cancellation requests to FortuneHost email at billing@fortunehost.com or filling up form.

The cancellation request must include verification of ownership of the Hosting account and/or domain(s), as determined by FortuneHost and will include:

The Primary domain name of the Hosting account you wish to cancel.

First and last name.

For security purposes, verify you are the Account Owner by providing:

Customer must also confirm to FortuneHost that all emails, files, and databases are preserved and backed up somewhere other than FortuneHost server space. When a Hosting cancellation is processed, ALL content is permanently deleted from FortuneHost servers. This includes all emails, files, and databases associated with the Hosting account. Once Customer data has been deleted, there is no possibility of restoration. So prior to canceling, make sure ALL necessary backups of emails, files, and databases.

Canceling a Hosting account will delete the Hosting Services for ALL domains associated with the account. This includes parked, unparked, and add-on domains.

Canceling the Hosting Services will not affect your access to the Domain Manager to manage the domain name(s) you have registered with us. You will still be able to log in to your Domain Manager to manage your domain(s) to update privacy options, nameservers, and the domain registration renewal settings. All domains kept on the default Auto-Renew setting will attempt renewal 10 days prior to expiration with a fee for each domain and any applicable taxes charged to the Customer.

INDEMNITY:
You agree to indemnify and hold harmless FortuneHost Hosting and its subsidiaries, affiliates, officers, agents, employees, partners, associates and licensors from any claim or demand, including attorney fees, made by any third party due to or arising out of CONTENT which you submit, post, transmit or otherwise make available through the SERVICE, your use of the SERVICE, your connection to the SERVICE, your violation of the TOS or other agreements, or your violation of any rights of another

GENERAL INFORMATION:
The TOS constitutes the entirety of this agreement between you and FortuneHost.com Hosting and governs your use of the SERVICE, superseding any prior agreements between you and FortuneHost.com Hosting with respect to the SERVICE. You may also be subject to additional terms and conditions that may apply when you utilize or purchase certain other FortuneHost.com Hosting services, affiliate services, third-party content or third-party software.

Waiver and Severability of Terms
The failure of FortuneHost.com Hosting to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and that the other provisions of the TOS remain in full force and effect.

Statute of Limitations

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, or related to the use of the SERVICE or TOS must be filed within one (1) month after such claim or cause of action arose or be forever barred.

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