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Terms of Service |
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During the term of its
agreement with Genius Guard, the customer must ensure that the
use of any resource offered to the customer or owned or
controlled by Genius Guard ("SERVICE") conforms with Genius Guard
then current terms of service ("TOS"). Genius Guard may modify,
without prior notice, the TOS as Genius Guard deems appropriate.
Such modified TOS is effective upon posting on Genius Guard
website.
Short List of Acceptable Sites
-Personal and business sites
-News, info-depositories and medical sites
-Underground sites including: news, research, communications and
knowledge, but not including sites that promote racism, violence
or warez. If it says hackerz has passwordz, gamez, warez or any
of the "z" stuff we won't host it
Short List of Sites We Do Not Accept
-Illegal adult sites
-Auction sites
-Phising & fraudulent sites
-Hate sites
-Racism, violence or warez sites
-Sites distributing hacking tools, data, products or services
-Proxy scripts
-Sites selling unlicensed software
-Unlicensed banking sites
-Child pornography of any sort of
-Sites selling class 3 and above narcotics (including
recreational drugs)
-Fake site
Refund Policy
You are responsible for your sites and all sites that you host to
be in accordance with all rules on this page. Misuse by you may
result in actions on your account, including removal from the
host without a refund. No refunds will be issued after account
created or violating TOS, even if you have paid for multiple
months of hosting SERVICE in advance.
Cron Jobs
Cron Jobs are not allow to run less then 5 minutes interval for
shared hosting.
Inappropriate Use
The SERVICE must not be used to publish, post, distribute or
otherwise disseminate unlawful material or information including,
but not limited to: phishing, threatening, harassing, defamatory,
obscene, or fraudulent information and materials, or proprietary,
copyrighted, or otherwise intellectually protected information
and materials for which customer does not have authorization or
authority to possess or distribute. The SERVICE must not be used
to request unlawful services or materials. The SERVICE must not
be used for activities Genius Guard deems to impact its customers
or its ability to deliver SERVICE to its customers. Such
activities may include, but are not limited to:
-General Fraud and Scam Sites
If your site is a scam (like carder sites, fake auction sites,
fake exchange sites etc) and we see this after visiting it, you
will be automatically terminated without a refund and without and
prior warning. We reserve the right to eliminate all fraudulent
websites, databases and mail from our servers at our discretion.
We feel we have enough experience to know the difference and will
act without hesitation. If you plan on running a scam or fraud on
our servers we ask you to look elsewhere as you risk getting
deleted without any refund.
-Obscene Speech or Materials
The distribution of child pornography or any obscene, abusive,
defamatory or threatening speech or material will not be
permitted. You are not permitted to host any site containing
adult oriented content, including nudity of any kind. Portal
sites linking directly to adult oriented content are also
unacceptable. Unacceptable content will be determined by Genius
Guard and reviewed on a regular basis.
-Intellectual Property Infringement
Any activity infringing on the intellectual property rights of
others, including copyrights, trademarks, service marks, trade
secrets, and patents.
-Spamming
Sending unsolicited commercial bulk email ("UCE"), news postings
or chain letters, advertising transmitting, or otherwise making
available any software, program, product, or service that is
designed to facilitate sending UCE. Use of web pages that allow
spamming (known as "ghost sites") that directly or indirectly
refers to domains or IP addresses hosted by Genius Guard, Genius
Guard reserves the right to determine in its sole discretion what
constitutes UCE based on the information available. Sending any
email to purchased lists or lists obtained by any other method
(such as harvesting) is not acceptable. Customers may only send
email to recipients who have joined mailing lists directly from
their site.
-Maintaining an Open Email Relay
Allowing email to be sent through customer's system by a third
party (i.e. neither to nor from customer or customer's accounts).
-Virus, Worm, or Trojan Horse Program Distribution
The deliberate transmission of computer viruses, worms or Trojan
software.
-Denial of Service
Using any technique to intentionally degrade or disable the
delivery of any legitimate data.
-Glutting of Servers
Oversized storage of any files that would be unreasonably large
(i.e. making a zip file filled with text files just to pad the
size). Again, your web space is not for data back up. It is only
for hosting real sites.
-Unauthorized Access
Attempting to gain unauthorized entry to any site or network, or
any network or host scanning, probing, monitoring or other
information gathering associated with such activity; using the
SERVICE to guess passwords.
-Applications
Customer may not run any program or script on the server that
runs constantly or listens on ports unless provided in the
control panel. This includes applications associated with chat
services.
-Public Forums
Inappropriate postings to newsgroups, chat rooms, electronic
bulletin boards and any other public forum on, or using, the
SERVICE.
-Bulk Email
Customers sending bulk email must provide recipients with an easy
and effective mechanism for removal from bulk email list.
Customer must include the source of the addressee's address in
each bulk email message.
-CPU Usage
Sites may not use extreme unwarranted CPU usage. This includes
usage of heavy scripts or Flash/Shockwave files. By heavy we mean
oversized without cause, to the point where most users would be
unable to view them in a reasonable amount of time. No single
site may consume 20% of CPU usage for a sustained period of time.
-Service Resale
Customer may not resell the SERVICE or any portion of the SERVICE
unless under a reseller plan. Furthermore using our SERVICE for
sell or resell hosting SERVICE, domain registration or SSL
certificate on behalf of a third person or company is strictly
prohibited. This is together with free or near for free hosting,
domains or certificates.
-Password Protection
Customer is responsible for protecting passwords and for any
authorized or unauthorized use.
-Content Protection
Customer agrees to provide appropriate protection to prevent
minors (persons under 18 years of age) from accessing any
unsuitable material that customer publishes via any SERVICE.
-Content Ownership
Customer is responsible for all content or information residing
on, or obtained, or transmitted via, the SERVICE, regardless of
whether such use is by customer.
-File Repository / Dump Sites
Customer may not use disk space as a file repository, or dump
site. This includes but is not limited too: warez, serialz, sound
files, applications, zip files. This includes using the space in
order to store content used on other sites (remote linking) .
Examples of this would be using the web space to store images for
auction descriptions, flash or any other files used on another
site but stored on our server.
-Facilitating TOS Violation
Customer activity that facilitates the violation of this TOS by
any party constitutes a violation of this TOS by customer.
TOS Enforcement
Violation of the TOS may subject customer to international,
federal, and/or state civil and/or criminal liability, including
without limitation. Genius Guard reserves the right in its sole
discretion and without prior notice to suspend and/or terminate
customer's access to the SERVICE at any time for violating this
TOS. Genius Guard also reserves the right to suspend, filter or
block, and/or terminate customer's access if customer's account
is being used to exploit or attack the SERVICE or the networks of
others. If customer's account has been compromised and attempts
to reach customer and/or to have customer repair a breach of
security fail, Genius Guard reserves the right to suspend or
terminate customer's SERVICE. If customer's access is suspended
or terminated, Genius Guard, in its sole discretion, may refuse
to accept all new e-mail sent to the terminated e-mail address
and delete customer's data stored on SERVICE. Genius Guard will
fully cooperate with law enforcement authorities in the detection
and prosecution of illegal activity.
Violation of Rules
Breaking any of these aforementioned rules may result in
immediate account suspension with out refund, as well as criminal
prosecution where deemed necessary.
Limitation of Liability
Genius Guard shall not be responsible for any claimed
damages, including incidental and consequential damages, which
may arise from servers going off-line or being unavailable for
any reason whatsoever. Further, Genius Guard shall not be
responsible for any claimed damages, including incidental or
consequential damages, resulting from the corruption or deletion
of any web site from one of Genius Guard servers. All damages
shall be limited to the immediate termination of SERVICE. Genius
Guard shall be the sole arbiter of what is and is not a violation
of these acceptable use policies. Genius Guard reserves the right
to terminate an account at any time and for any reason that
causes harm to any customer's web sites. Genius Guard reserves
the right to delete all content and files upon termination.
Genius Guard reserves the right to withhold any pre-paid funds
for any site removed for violations of these policies. Genius
Guard reserves the right to refuse, cancel, or suspend SERVICE at
our sole discretion. Genius Guard reserves the right to change
these policies without prior notice or warning. non-enforcement
of any part of these policies does not constitute consent. |
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