Acceptable Use Policy

Prohibited Use and Non-negotiable Activities

You may not use this site or any of the Services for any illegal purpose, or reasons that are otherwise unlawful. Furthermore, you may not engage in any activities that could damage, disable, overburden or impair the operation of this site, the FUSION 1 IT SOLUTIONS Network or Services, or any other party’s use to any extent. Any violations of these prohibitions will be grounds for immediate suspension and possible termination of Services by FUSION 1 IT SOLUTIONS.

1. Explicit or Obscene Content

Accessing, storing, or making accessible any “X-rated” content in any form, or content otherwise considered to be obscene in nature is strictly prohibited across all Networks and Services.

2. Unacceptable Content

The following are strictly prohibited: TOR, HYIP, warez, phishing, torrent, peer-to-peer (P2P) file sharing, anonymous proxies, public IRC, DOS or DDOS related.

3. Legal Activities and Compliance with Law

The Customer shall not use the Services, or any other service or network to post, upload, transmit, re-transmit, store, distribute or facilitate the distribution of any content, including without limitation text, communications, software, images, sounds, data, or other information that, in FUSION 1 IT SOLUTIONS’s sole discretion:

3.1. violates, attempts to violate, or helps any third party to violate any local, state, federal, international, or non-United States law, ordinance, or regulation,

3.2. is threatening, obscene, indecent, abusive, harassing, libelous, defamatory, deceptive, fraudulent, invasive of another’s privacy, torturous, inaccurate, or that otherwise could adversely affect any individual, group or entity (collectively, “Persons”),

3.3. threatens or encourages bodily harm or destruction of property,

3.4. harms any person,

3.5. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, sex, sexual orientation, race, ethnicity, national origin, immigration status, age, disability, or any other reason,

3.6. is posted in violation of a newsgroup charter,

3.7. contains viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer,

3.8. violates any terms or conditions of any other network access provider or Internet service provider,

3.9. violates the rights of any person, including rights 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” information content or data or other software products that are not appropriately licensed for use by Customer. Customer shall be responsible for determining what laws or regulations are applicable to its use of the Services and Products,

3.10. adds, removes, or modifies identifying network header information in an effort to deceive or mislead any person. Additionally, attempting to impersonate any person by using forged headers or other identifying information is prohibited. However, the use of anonymous re-mailers or nicknames does not by itself constitute impersonation, unless such use is made with the intent to deceive, defraud, or mislead any person or to violate any applicable laws or regulations,

3.11. collects, attempts to collect, or helps any third party to collect personal information about third parties without their knowledge or consent or in a manner that violates applicable laws concerning privacy,

3.12. has a negative effect on FUSION 1 IT SOLUTIONS or its network (including, without limitation, overloading servers on the FUSION 1 IT SOLUTIONS Network; causing portions of the FUSION 1 IT SOLUTIONS Network to be blocked by other network providers; generating unresolved third party complaints or complaints which, in the discretion of FUSION 1 IT SOLUTIONS, impose an unreasonable administrative burden on FUSION 1 IT SOLUTIONS; etc.).

4. System and Network Security

Violations of system or network security safe guards are strictly prohibited, and may result in criminal or civil actions being taken as well as termination of Services from FUSION 1 IT SOLUTIONS. Any incidents involving such violations will be fully investigated. In the event a violation of the criminal law is suspected, FUSION 1 IT SOLUTIONS will cooperate in full capacity with law enforcement throughout any legal proceedings.

You are responsible for any misuse of your account, even if a friend, family member, guest, agent, or employee committed the inappropriate activity while using your account. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach the security of another FUSION 1 IT SOLUTIONS account or attempt to gain unauthorized access to another network or server.

Examples of system or network security violations include, without limitation, the following:

4.1. Introduction into the network or server of any malicious program (examples: viruses, worms, Trojan Horses, logic bombs, and other executable intended to inflict harm).

4.2. Introduction into the network or server of any self-extracting file or program containing any malicious program as specified in Section 4.1 of this AUP.

4.3. Introduction into the network or server of any data, parameter, configuration, template, or control files for software applications that contain destructive macros or other malicious code.

4.4. Introduction into the network or server of any encrypted or compressed file or archive such as .zip or .gz files that contains any malicious program as specified in paragraphs 4.1 through 4.3 of this AUP.

4.5. Effecting security breaches or disruptions of Internet communication and/or connectivity. Security breaches include, but are not limited to, accessing data of which the Customer is not an intended recipient, logging into a server or account that the Customer is not expressly authorized to access, or exceeding the access to a server or account that has been granted to the Customer. For purposes of this section, “disruption” includes, but is not limited to port scans, flood pings, email-bombing, packet spoofing, IP spoofing, and forged routing information.

4.6. Executing any form of network activity that will intercept data not intended for the Customer.

4.7. Circumventing user authentication or security of any host, network or account.

4.8. Interfering with or denying service to any user (examples: denial of service attack or distributed denial of service attack).

4.9. Using any program script/command, or sending messages of any kind such as a punter, designed to interfere with or to disable, a user’s terminal session, via any means, locally or via the Internet.

4.10. Attempting to use or gain unauthorized access to data, accounts, hosts, servers, systems or networks of this site, or to probe, scan or test the vulnerability of a system or network of this site, any FUSION 1 IT SOLUTIONS Services or those of any other party.

4.11. Interfering with service to any user, host or network including, without limitation, mail-bombing, flooding, or attempting to overload the system.

4.12. Forging any TCP-IP packet header or any part of the header information in an e-mail or a newsgroup posting.

4.13. Falsifying address information or otherwise modifying e-mail headers to conceal the sender’s or the recipient’s identity.

5. Internet Etiquette

The Customer agrees to observe and abide by reasonable Internet etiquette (“Netiquette”). The Customer shall comply with the rules appropriate to any network to which FUSION 1 IT SOLUTIONS may provide access. The Customer should not post, transmit, or permit Internet access to information the Customer desires to keep confidential. The Customer shall not post any material that is illegal, is libelous, is otherwise torturous, indecently depicts children, or is likely to result in retaliation against FUSION 1 IT SOLUTIONS by offended users. FUSION 1 IT SOLUTIONS reserves the right to refuse or terminate service at any time for violation of this section. This includes, but is not limited to, advertising services or sites via Internet Relay Chat (IRC) or USENET in clear violation of the policies of the IRC channel or USENET group.

No Editing, Censoring, or Control of Communications; Reservation of Rights

Your participation in online communication or use of any FUSION 1 IT SOLUTIONS service is not edited, censored, or otherwise controlled by FUSION 1 IT SOLUTIONS. However, FUSION 1 IT SOLUTIONS reserves the right to monitor content on this site and on any FUSION 1 IT SOLUTIONS servers, networks, or systems and to remove content, disable sites, or suspend or terminate services if FUSION 1 IT SOLUTIONS, in its sole discretion, determines such content or user practices are harmful, offensive, or otherwise in violation of this Acceptable Use Policy.

Intellectual Property Rights

All website design, text, graphics and the selection and arrangement thereof are the copyrighted work of FUSION 1 IT SOLUTIONS, a division of ELITE TECH BRANDS, LLC, as of January 1, 2025. Some images, graphics, and logos used on this website are the works of third-parties or used under license or agreement by the respective third-parties. Any and all third-parties retain their rights to any content. If any page, information, or content is copied, it may only be copied for non-commercial uses that are explicitly allowed under the Customer’s Agreement with FUSION 1 IT SOLUTIONS or by law, and FUSION 1 IT SOLUTIONS shall, in any event, retain all copyright and other proprietary interests in said page, information, or content.

(a) You acknowledge and agree that copyrights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws protect all content and materials available on this site or through any FUSION 1 IT SOLUTIONS service. Nothing on any FUSION 1 IT SOLUTIONS Web site shall be interpreted or implied in such a way as conferring any license or right to any intellectual property rights or license to any intellectual property, content, technology, system, process, or related material belonging to FUSION 1 IT SOLUTIONS by virtue of it being displayed or made accessible on any FUSION 1 IT SOLUTIONS Web site. Except as expressly authorized, you agree not to use this site or any FUSION 1 IT SOLUTIONS Services in any manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you may access, receive or make available through this site or any FUSION 1 IT SOLUTIONS Services.

(b) If you use a domain name or content in connection with the FUSION 1 IT SOLUTIONS Web hosting, or any other Web hosting service, you agree not to use that domain name or content in any way which violates any trademark, service mark, or similar rights of any third party. Specifically, and without limitation, you agree that you will not engage in, attempt to engage in, or conspire with others or solicit others to engage in any cybersquatting or domain name hijacking,

(c) FUSION 1 IT SOLUTIONS’s data center infrastructure including all hardware, software, and telecommunications facilities located in its data center may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of any United States or state regulation or law or the common law, or any applicable foreign or international law is prohibited. This includes, but is not limited to, material protected by copyright, trademark, patent, trade secret, or other intellectual property rights.

(d) Creating, utilizing, or distributing unauthorized copies of software or other information content is a violation of international, federal, and state law. If you copy, distribute, or install software or other information content in ways that the license to use that content does not allow, you are violating federal copyright law and international copyright law. FUSION 1 IT SOLUTIONS will cooperate with all law enforcement agencies in relation to alleged copyright infringement based on content housed in our data centers.

Customer’s Grant of Limited License to FUSION 1 IT SOLUTIONS; Warranties on Content

By posting or submitting content to any FUSION 1 IT SOLUTIONS Web site or server, you:

(a) Grant FUSION 1 IT SOLUTIONS a limited license to transmit, copy, store, back up, and retrieve the content, solely for the purpose of providing you with the services you are purchasing under your Agreement with FUSION 1 IT SOLUTIONS;

(b) Acknowledge that you are placing data on servers, networks, and systems that reside physically in the United States. Such servers, networks, and systems are governed by United States law and not by the laws of other jurisdiction. As such, your rights to privacy are governed by United States law and the FUSION 1 IT SOLUTIONS privacy policy. By ordering or using FUSION 1 IT SOLUTIONS’s services, you explicitly consent to this provision regarding privacy.

(c) Warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by FUSION 1 IT SOLUTIONS does not and will not infringe or violate the rights of any third party; and

(d) Agree to defend, hold harmless, and indemnify FUSION 1 IT SOLUTIONS for any claims of any third party resulting from the public posting or use of your content.

IP Allocation

FUSION 1 IT SOLUTIONS administers an Internet network on which multiple Customer servers reside. Customers shall NOT use Internet protocol (IP) addresses that were not assigned to them by FUSION 1 IT SOLUTIONS staff or network administrators.

Suspension and Cancellation

FUSION 1 IT SOLUTIONS reserves the right to suspend service to any Customer or who is using our network or services for any violation of this Acceptable use Policy, the Terms and Conditions of Service, or the Privacy Policy. FUSION 1 IT SOLUTIONS will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference as reasonably possible. FUSION 1 IT SOLUTIONS reserves the right to terminate service without notice for continued and repeated violations.

Notices Regarding Violations

The FUSION 1 IT SOLUTIONS Agreement and all its components prohibit acts of copyright and trademark infringement and other unlawful behavior by FUSION 1 IT SOLUTIONS Customers. FUSION 1 IT SOLUTIONS takes Customer violations seriously and will investigate complaints and, where appropriate, may remove content, disable sites, suspend or terminate services, or take other action as necessary.

• General Complaints: Please send reports of any activity in violation of this Acceptable Use Policy to [email protected]. If possible, please provide the IP address used to commit the violation, the date and time of the violation, and evidence of the violation. FUSION 1 IT SOLUTIONS will reasonably investigate incidents involving such alleged violations. FUSION 1 IT SOLUTIONS may involve and will cooperate with law enforcement officials if any criminal activity is suspected. Violations may result in criminal and civil liability.

Changes to this Policy

FUSION1 IT SOLUTIONS reserves the right to change this Acceptable Use Policy from time to time. Your continued use of the Site and/or Services available after such modifications will constitute your: (a) acknowledgment of the modified statements; and (b) acceptance of all modifications effective on or as of the date which you accessed the Site.