Abuse of the legal rights of others Examples of unacceptable activities in this regard include posting private information about a person without their consent, infringing intellectual property rights, defaming a person or business, and knowingly making available code that will have a deleterious effect on third party computers. We support free speech on the Internet, and will not suspend or cancel a client’s account simply because it disagrees with the views expressed by the client. Where there are allegations that a client’s on-line activity has violated the legal rights of a third party, Genesis System.com will not substitute itself for a court of law in deciding tort claims raised by the third party.
Any Abuse of the law Genesis System.com’ services may be used for lawful purposes only. Illegality includes but is not limited to: drug dealing; attempting without authorization to access a computer system; pirating (distributing copyrighted material in violation of copyright law, specifically MP3s, MPEG’s, ROMs, and ROM emulators); gambling; schemes to defraud; trafficking in obscene material; sending a message or having content that is obscene, lewd, lascivious, filthy, or indecent with intent to annoy, abuse, threaten, or harass another person; threatening bodily harm or damage to individuals or groups; violating U.S. export restrictions; stalking; or violating other state or federal law such as the Electronic Communications Privacy Act, the Computer Fraud and Abuse Act, or the Economic Espionage Act. Linking to illegal material is also prohibited. Genesis System.com reserves the right to check system files, email, and other data on our servers for illegal content and materials, or for any other reasons deemed necessary.
No Pornography Pornography and sex-related merchandising, or links to such material, even if legal, is not an acceptable use of Genesis System.com’ servers.
Abuse of Genesis System.com Server Resources Running programs in the background on an Genesis System.com server without Genesis System.com’ prior written authorization, or running chat rooms, Internet Relay Chat, IRC bots, more then 1000 emails a day and the like are not acceptable uses of Genesis System.com servers. Further, any usage of ten percent (10%) or more of our system resources is an undue burden on our system and is unacceptable. If your usage ever exceeds ten percent (10%) of system resources, your account may be terminated immediately and without prior notice. In addition any domain that exceeds ten gigabytes of bandwidth traffic can be terminated without prior notice. Genesis System.com can set an additional domain name to be pointed to your site’s IP address for a one-time $12 setup fee. Usage of scripts or other utilities to direct pointed domain names to subdirectories is not permitted and is grounds for termination of the account. Further, databases cannot exceed 50MB, and no more than 5 connections to MySQL are permissible. Any action, intentional or not, that results in the denial of services to another client is cause for suspension without warning.
IP Addresses Genesis System.com maintains control and any ownership of any and all I.P. numbers and addresses that may be assigned to the client and reserves in its sole discretion the right to change or remove any and all IP numbers and addresses.
Client Responsibility The client is responsible for all activity originating from the account including payment of additional fee based services and options selected through their control panel. The client is responsible for securing their username/password. The client is also responsible for keeping their administrative and billing profile current, including billing card details. The client acknowledges and agrees that Genesis System.com will use the billing profile information for billing purposes. The client assumes responsibility for all material on their site that may be put on by a third party (such as the usage of Free For All links pages). Use of Genesis System.com’ service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the web space by the client. The following examples are offered: Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTPing Web contents, Graphics, text, sound, image mapping, etc. FrontPage web publishing: knowledge of the FrontPage tools as well as Telnet and FTP understanding and capability. CGI-Scripts: requires a knowledge of the UNIX environment, TAR, GUNZIP commands, Perl, CShell scripts, permissions, etc. Mail: a use of mail clients to receive and send mail, etc. The client agrees that he or she has the necessary knowledge to create and maintain their web space. Client agrees that it is not the responsibility of Genesis System.com to provide this knowledge or support outside matter specific to Genesis System.com’ servers.
Backups Full backups are made weekly, and backups of new/changed data made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the clients’ responsibility to maintain local copies of their web content any information. If loss of data occurs due to an error of Genesis System.com, we will attempt to recover the data for no charge to the client. If data loss occurs due to negligence of client in securing their account or by an action of the client, Genesis System.com will attempt to recover the data from the most recent archive for a $50.00 fee.
Limitation of Liability Genesis System.com shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Genesis System.com’ servers going off-line or being unavailable for any reason whatsoever. Genesis System.com makes no warranties of any kind, expressed or implied, for services we provide. Genesis System.com disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Genesis System.com and its employees. Further, Genesis System.com 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 Genesis System.com’ servers.
Indemnification Client agrees to indemnify Genesis System.com for the violation of any law or Genesis System.com policy that results in loss to Genesis System.com or the bringing of any claim against Genesis System.com. In the event Genesis System.com is sued as result of activities of the client that violate any law, or this policy, the client agrees to pay any damages awarded against Genesis System.com, plus costs and reasonable attorneys’ fees.
Genesis System.com shall be the sole arbiter of what is and is not a violation of these acceptable use policies. Genesis System.com reserves the right to terminate an account at any time and for any reason that causes harm to any Genesis System.com client’s web sites. Genesis System.com reserves the right to delete all content and files upon termination. Genesis System.com reserves the right to withhold any pre-paid funds for any site removed for violations of these policies. Genesis System.com reserves the right to refuse, cancel, or suspend service at our sole discretion.
All clients must be at least 18 years of age to obtain our service.
Genesis System.com reserves the right to change the Acceptable Use Policy and hosting plan configurations without prior notice or warning. Non-enforcement of any part of the Acceptable Use Policy does not constitute consent.
Renewals and Cancellations All accounts shall automatically renew upon expiration of hosting term, unless Genesis System.com receives written cancellation. Account cancellations require 30-day written notice. Account balances must be paid in full prior to account closure. Cancellation refunds are given on a prorated basis based upon the actual discount earned for the number of months of service. All refunds are exclusive of setup fees, add-on modules, and development services.