Genuian - a host you can trust
Terms of Service

By activating your account with Genuian, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.

NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.

You agree that you as the person legally responsible for use of this account, are at least 18 years of age. You agree to supply Genuian with correct information for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of the credit card(s) that you supply to Genuian and agree that we have an obligation to fully investigate any possible fraudulent credit card use.

Genuian provides web hosting to many clients, and we have a responsibility to protect each client and to provide the best services available. The following guidelines were designed to ensure these obligations are met.

FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on Genuian servers.

Content

All services provided by Genuian may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Genuian from any claims resulting from the use of the service which damages the subscriber or any other party.

No customer may use our accounts to:

  • Attempt to "hack" (access) another account, computer or network at a local or remote location.
  • Use passowrd cracking, port scanning or any other means to find weaknesses in our local or remote computer system
  • Run scripts that may be damaging to other accounts or computers in our local or remote computer system.
  • Any event we consider harmful to our local or remote computer system
  • Pornography and sex-related merchandising is prohibited on all Genuian servers. This includes sites that may infer sexual content, or links to adult content elsewhere. Genuian will be the sole arbiter in determining violations of this provision.
  • Also prohibited are sites that promote any illegal activity or present content that may be damaging to Genuian servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • Pirated software
  • Hacker programs or archives
  • Warez sites
  • Any Site that consumes more than 20% of system resources. Following are a list of sites that will often require more than 20% of our systems resources: Domains with archives or galleries, (i.e. .gif, .jpg, .exe, .zip, .tar, etc.), and domain accounts offering download files. We are not saying that your web site can not contain such files, however if at any time they consume 20% or more of our systems resources you will be contacted to resolve the problem.
  • MP3 or other formats that contain music that has not been authorized for public consumption
  • Software serial numbers, cracks to software programs, etc.
  • Any file not listed above that is consider illegal and/or unacceptable.

Genuian is not responsible for the content you place on your site. Therefore, in the case event of legal proceedings, Genuian will not protect you in anyway if you are found to have broken the law. Genuian will be the sole arbiter as to what constitutes a violation of this provision.

Bandwidth Policy

All account plans come with a predetermined amount of traffic allowance. You are responsible for ALL traffic, which includes email, FTP traffic.

We will notify you when you have reached 80% of your bandwidth limit. Once your limit is reached, your site will be automatically suspended. We will NOT automatically charge you for bandwidth overages. If you want to cease the suspension, other arrangements will need to be made to purchase additional bandwidth.

Spam and mailing lists

Spam is the act of sending unsoliciated advertising to people who have not requested to receive it. We do NOT tolerate spam. Any account found in violation of this will be terminated IMMEDIATELY. This included spam that did not originate from our servers, but advertises your web site or services.

We do not terminate an account until we have thoroughly investigated the incident and we can prove that you are responsible for the spam. If you are found in violation, a $50 fee will be assessed and your account will be terminated.

Mailing lists must include instructions on how to subscribe and unsubscribe. You will be responsible to make sure that each unsubscribe request is handled immediately. If a person unsubscribes from your mailing list, and you continue to send them material, this is spam.

Our email accounts are NOT to be used for offering your visitors free email services. We have unlimited accounts because some businesses have a large number of employees, and this gives them the opportunity to give each of their employees an email account. Anyone found using their email for free email services will have their account suspended. Email accounts are only for the internal use of a web site's staff.

Server Abuse

The following items are NOT allowed on our servers, under any circumstances:

  • IRC - We do not allow IRC or IRC bots to be operated on our servers.
  • Use webspace to store files that are not part of their web site (i.e. using it as a backup location).
  • Leave any kind of software running on the server while user is not logged in the system.
  • Your account may not be used for excessive downloads through a user's shell by means of FTP, download utilities .
  • Run software that acts as a server. Run scripts that will consume an unacceptable amount of server resources (CPU and/or RAM).
  • Chat Rooms - We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option.
  • Background Running Programs - We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
Reseller Policy

It is the reseller's responsibility to watch over his/her customer's correct usage of their accounts. Resold accounts are identical to fully priced ones. The following policies apply to resellers and resold accounts:

  • It is the reseller's responsibility to support their customers, unless the problem can't be solved by the reseller.
  • Please do not have your resold clients contact Genuian support. We will refer them back to you.
  • Resold accounts cannot exist without the reseller's accounts. So if the reseller's account is cancelled for some reason, resold accounts either have to be cancelled or must be moved to fully paid accounts.
  • It is the reseller's duty to pay for the resold accounts, and the reseller's responsibility to charge his/her customer, at any price established by the customer. It is mandatory for a reseller to conduct good business practices.
  • We are not responsible for any fraud made by the reseller's customers. Please make sure of the validity of any account you are reselling.
  • If in the event there is a question you cannot answer, we will provide support directly to you.
  • Do not implement any policies that are in direct conflict with our policies.
  • We do not issue refunds on resold accounts.
Refusal of Service

We reserve the right to refuse, cancel, or suspend service at our sole discretion. All Sub-Networks, distributive hosting sites and dedicated servers of Genuian must adhere to the above policies.

Billing

Effective October 18, 2004 we will begin processing invoices one week prior to when the invoice due (with the exception of those on PayPal subscriptions). If you need to have your billing due changed please do not hesitate to contact our billing department with your request, we are more than happy to adjust that for you. In the event there is a problem this gives you an additional week to contact us to make arrangements. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, as a courtesy we will send an email notification at which point the invoice will need to be paid prior to your due date. If we have not received a response by your due date, the account will be deactivated as well as accounts under that account plan.

At this time Genuian can only accept payment by Mastercard, Visa and PayPal.

Cancellation

Genuian will promptly process any cancellation requests. Genuian does not require advance notice. All cancellation requests MUST originate from the email address on file. This is to prove that the request is coming from the authorized person. Any requests coming from an email account NOT on file will NOT be processed. It is important that you keep your contact information up to date.

Refund Policy

Genuian offers a 30 day money back guarantee. If for any reason you are not satisfied with our services within the first 30 days, we will promptly refund your money. For anytime after the first 30 days, these policies apply:

  • Hosting fees are non-refunable. This is clearly stated on the purchase form. There are no exceptions. Please chose wisely when ordering your hosting account.
  • Fees to extras or addons are not refundable.
  • We do not issue refunds on resold accounts.
**Please note: Domain Name Registration fees WILL NOT be refunded at any time (even within the first 30 days.** REFUSAL OF SERVICE: We reserve the right to refuse, cancel, or suspend service at our sole discretion.

Violations of this Term of Service should be referred to [email protected] All complaints will be investigated promptly.

Failure to follow any term or condition will be grounds for immediate account deactivation.

DISCLAIMER

Genuian cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by Genuian are resold. Thus, certain equipment, routing, software, and programming used by Genuian are not directly owned or written by Genuian. Moreover, Genuian holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as Genuian sees fit. Genuian reserves the right to monitor any and all communications through or with our facilities. You agree that Genuian is not considered a "secure communications medium" for the purposes of the ECPA, and that no expectation of privacy is afforded.

Genuian provides the services "as is" without warranty of any kind. In the event that Genuian provides you with products in conjunction with other services, Genuian also provides those products "as is" without warranty of any kind, whether express or implied. Genuian disclaims all implied warranties, including the implied warranties of merchantability or fitness for a particular purpose. In no event shall Genuian be liable for any direct, consequential, loss of profit, special, exemplary or punitive damages, even if Genuian has been advised of the possibility of such damages, that you incur from the usage of information obtained over the internet. Genuian shall not be liable for any claim brought by any reseller for any amounts in excess of the aggregate of the amounts paid by reseller or reseller’s customers during the 12 month period prior to the date the cause of action arose. Please Note: 99% uptime guarantee does not apply to natural disasters or provider problems.

FURTHERMORE, Genuian retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification.