This Web Hosting Agreement "Agreement") is between Genius Host ("Genius Host"), and the person (individual or legal person) who signs Genius Host's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs Customer's use of Genius Host’s Web hosting service.
Please read this agreement carefully. By agreeing to our terms of service and acceptable use policy on the account signup form, signing up, communicating with us, paying for and/or using our services, you are agreeing to be bound by the conditions and terms of this agreement, our acceptable use policy, and our privacy policy.
Account Setup
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us, however, we cannot make guarantees of the transfer process. We provide this as a courtesy service and cannot make guarantees regarding its availability or the amount of time it may take as each host is configured a little differently. We will try our best, however, in some cases we may be unable to assist you in a transfer of data from an old host.
Abuse & Prohibited Use
Genius Host reserves the right to decide as to what constitutes as abuse and any material not mentioned below is left entirely up to the discretion of the Genius Host staff.
Abuse can include, but is not limited to the following offenses:
A) Any attempts to compromise or actual compromise of a network device belonging to Genius Host or any other company, individual, or other entity is strictly prohibited. This offense also includes port scanning, IP range scanners and vulnerability scanning. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
B) Denial of Service attacks directed at us, or any attempts to launch a Denial of Service attack from our servers are strictly prohibited. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
C) Sending unsolicited email, newsgroup postings, chain letters or anything else that could be considered as "spam", is strictly prohibited. The gathering of email addresses to be used for sending unsolicited email on a 3rd party service "harvesting" and storing Huge emails on server is also prohibited and may result in termination of service.
D) The hosting of material that infringes on any copyright, trademark and or service mark is strictly prohibited. This also includes the storage and transmission of pirated movies, music, software, ring tones or anything else considered "warez". Any DMCA complaint received will be investigated and may result in termination of service.
E) The hosting of material which is considered to be illegal in Canada is strictly prohibited. This includes child pornography, bestiality, hate speech, scam sites, phishing sites and any other material which is deemed illegal. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
F) Hosting any software, source code or any other material that is illegal or could be used to commit an illegal act is strictly prohibited. This includes but is not limited to software exploits, exploit source code, hacking tutorials, hacking tools, viruses and trojans, bomb making and similar device tutorials. All infractions and or suspected infractions will be vigorously investigated and may result in immediate termination of service.
G) The use of IRC software, Bit Torrent software, Proxy software, and automated "bots" is strictly prohibited. The use of some forums and any other multiuser chat software which could create a high load on our servers, disrupt other users, and/or attract Denial of Service attacks is also prohibited. Genius Host will deal with any of these issues on a case by case basis, and will attempt to work with client to resolve the issue to both parties satisfaction.
H) Offering image, file, document or data storage and free hosting or email services are strictly prohibited.
Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. In the event that an illegal act has been performed, local and/or federal authorities may be notified.
Payment Information
You agree to supply appropriate
payment for the services received from Genius Host, in advance of the time period during which such services are provided. You agree that until and unless you notify Genius Host of your desire to cancel any or all services received, those services will be billed on a recurring basis.
As a client of Genius Host, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is overdue will result in a 15% late fee and/or an account suspension until account balance has
been paid in full.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact our Billing Team.
Genius Host reserves the right to change the monthly payment amount and any other charges at anytime.
Cancellations
Customer is free to cancel their account at any time by contacting our Billing Team, with their account information. Similarly, Genius Host reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the AUP.
Money Back Guarantee
If an account with a Thirty (30) day money-back guarantee is purchased and cancelled within Thirty (30) days of sign up, the Customer will, upon request, receive a full refund of all hosting fees. Requests for these refunds should be made through our Billing Team. Refunds made for a Thirty (30) day money-back guarantee will not include domain registration fees, setup fees, or any fees for additional services that are purchased in the first Thirty (30) days.
Money-back guarantee is only applicable to those products and services that are specified with this offer. Any other products or services with no specification of money-back guarantee are not entitled to a refund. Under the money-back guarantee, only first-time accounts are eligible for a refund. For example, if you've had an account with us before, cancelled and signed up again, you will not be eligible for a refund. This is to protect our money-back guarantee from being abused. Genius Host reserves the right to determine the definition of first-time account. Violations of the Terms of Service will waive the refund policy.
Disk Space Usage (Unlimited Plans)
Unlimited & unmetered claims have software and hardware limitations, and are subject to a discretional fair use policy by our team. Your account may not be used as a storage and/or backup space for files/archives. Regular backups of databases, websites, etc, are permitted within reason. backups older than 30 days in a user account may be removed from the server at our discretion. Any account found to be using an excessive and/or unreasonable amount of disk space may be asked to reduce their usage or face suspension/termination. Genius Host reserves the right to suspend/terminate any service for resource abuse at their discretion.
We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other users:
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