- User – A person or an entity who uses services in accordance with the Agreement signed with the service provider.
- Active User – A person or an entity who has one or more active services.
- Inactive User – A person or an entity without any services or the services are cancelled or terminated.
- Visitor – A person or an entity that is browsing the Provider’s website at http://www.genexnetworks.net/.
- Services – Either or both services and products provided by the Provider and available via Providers’ website.
- Downtime – A period of time when a service is inactive or inaccessible.
- Monthly Services – Services that are applied instantly or provided for a 1-month period.
- Long-Term Services – Services that are provided for more than a 1-month period.
- Primary Language – English.
- Primary Currency – USD.
- Secondary Currencies – GBP, EUR.
- Billing Cycle – A predefined interval of time between two recurring payments.
- Billing Account – The account at http://www.genexnetworks.net holding a summary of all types of services provided to the User. Billing account may be is also entitled as Client Area.
- Credit Balance – The amount of funds in the User’s account.
- Confirmed affiliate income – The amount of money that the User earned through the Affiliate System.
- Reseller – A person or an entity who is accepted to Genex Networks Reseller Program and gets access to the services and benefits of Genex Networks Reseller Program.
- Affiliate Earned Funds – The amount of money that the User received.
- Complaining Party – the User or an interested 3rd party that submits a report, concerning the violation of Acceptable Use policy.
- Authorized payments – Automatic transactions that are pre-approved by the User.
I. Application of Terms
- The terms regulate the conditions and procedures for the provision of services provided by Genex Networks (“Provider”, “we”, “us”, “our”) to the user of the services (“User”, “he”, “his”).
- Terms of Service regulate the rights and commitments of both the Provider and the User.
- Terms of Service take effect from the moment of the use of the website or the date of electronic acceptance.
- In Terms of Service, except for cases when context requires otherwise, words indicating singular include plural and vice versa. Similarly, words indicating natural person also indicate legal person.
- The names of the articles of these rules are simply used for convenience and do not have any influence on interpretation by both parties.
II. General Terms and Conditions
1. Provider’s Rights and Responsibilities
- 1.1. The Provider does not guarantee that its services, personnel, or anything affiliated with Genex Networks, LLC and/or Genex Networks, Ltd is completely without fault and will not cause unintentional damages.
- 1.2. The Provider does not take responsibility to cover any damages caused by possible downtime of any service. Nevertheless in knowledge of any issues which caused damage with its services, the Provider reserves the right to limit any amount paid in return to the User, for any of his services, to a maximum of 3 months of the monthly service fee.
- 1.3. The Provider does not take responsibility for any service maintenance or delivery delays due which were produced by third party services or other actions directly not controllable by the Provider. In cases where delivery is postponed due to external causes the customer has the right to request the next payment date to be moved accordingly.
- 1.4. The Provider reserves the right to demand upgrade of any service in case when the Provider deems for it to be necessary. This is done to ensure the stability of the service and the rights to equal performance for any neighboring service user.
2. User’s Rights and Responsibilities
- 2.1. In any case of interaction the User agrees with the Terms of Service.
- 2.2. If not in compliance with Terms of Service, the User agrees not to use any of the services provided by Genex Networks, LLC or Genex Networks, Ltd
- 2.3. No abusive act or omission may be justified by involvement of third parties. The User is always held liable for any actions carried out using resources bought or leased for temporary use.
3. User’s Non-Compliance
- 3.1. In case of User’s non-compliance with Terms of Service, the Provider will act under the sole discretion in order to restore compliance.
- 3.2. The Provider may deny new orders and halt tasks, including support tasks that are already in progress.
- 3.3. The Provider will continue communication with the User with emphasis on the non-compliance issue only.
- 3.4. If the Provider’s efforts to restore compliance with Terms of Service fail because of the User’s non-cooperation, or the violation is too severe, any actions, based on Terms of Service, carried out by the Provider will be considered necessary including suspension or termination of service. In case of such suspension or termination the User will have no right to demand a refund/be refunded. Moreover, the User will be held responsible for this unilateral termination of service agreement initiated by the Provider.
- 3.5. In case of abuse or any similar adverse circumstances the Provider will take necessary actions to suppress the incident as soon as possible. Considering the severity of the incident the Provider may not contact the User prior to suspension. Such inaccessibility is not considered downtime. The Provider will try to cooperate toward a problem resolution as long as the User puts relative effort into mutual cooperation. However, the User has no right to demand re-activation of the service if the Provider believes that it will cause risk of another incident.
- 3.6. If any illegal activities occur of which the Provider is aware of, the Provider will contact appropriate legal authorities.
4. Uptime Guarantee
- 4.1. The Provider guarantees a 99% uptime on all Genex Networks hardware and network connectivity. In any given month, if the uptime guarantee is breached:
- Service downtime for additional 1 hour equals to additional 1 day to service due date.
- Service downtime for additional 4 hours equals to 1 week service due date (8 hours = 2 weeks etc).
- Compensations are provided up to additional maximum of 1 month period to service due date.
- The uptime guarantee does not apply to 3rd party products (domains, cpanel, ssl, IP addresses, software licenses, support contracts, and etc).
- Compensations are calculated on the User’s service lifetime. Compensations can only be issued for services which are active for at least for 3 month or more in such periods: 3 month (total of 22 hours downtime), 6 month (total of 43 hours downtime), 9 month (total of 66 hours downtime), 12 month (total of 87 hours downtime).
- Scheduled service maintenance does not apply as a downtime.
- 4.2. Compensation will be applied only if all invoices are paid for the impacted service.
- 4.3. Compensation will be applied in up to 7 days after customer report and confirmation from Genex Networks team.
III. Billing Account
1. Account Eligibility
- 1.1. Billing account – the account at the Provider’s website http://www.genexnetworks.net/, holding a summary of any type of services provided to the User.
- 1.2. By registering with the Provider, the User confirms that:
- He is the owner of the primary email address used to set up the billing account and is held the owner of the billing account. Therefore email address cannot be changed.
- He will not pass, sell, or transfer the ownership of the billing account to another person or entity in any form. Otherwise the Provider may limit access to both parties until the User is verified.
- He will own one billing account. Acts when multiple accounts are made to bypass any restrictions or commit illegal activities will result in permanent termination of all services.
- He will provide correct and verifiable information in the registration form and any further communication. It is the User’s responsibility to make sure the information is up to date.
- He is fully responsible for the use of his billing account and for any actions that take place through the User’s account.
- Wherein PayPal is involved as the User’s method of payment, User agrees to maintain a Billing and Shipping address on file for all transactions, regardless of whether physical products are being shipped to the customer.
- 1.3. The Provider reserves the right to deny service to the User in case there is doubt of compliance with Terms of Service for as long as the non-compliance persists.
- 1.4. The Provider reserves the right to deny services to the User located in a country with a high fraud rate.
- 1.5. Refusing to comply with Terms of Service will result in unilateral termination of service agreement initiated by the Provider with no refund possibility. The Provider will act based on “User’s non-compliance” terms.
2. Additional Information Request
- 2.1. The Provider has the right to request additional information from the User in order to verify the provided information or any orders made by the User.
- 2.2. Additional information includes (but is not limited to) ID card or passport copies. If the User chooses to pay for his services by credit card, a credit card scan may be requested as well.
- 2.3. The User must provide original, high quality, easily readable, uncropped scans or photos of the specified documents.
- 2.4. Requests to provide additional information might be made for various reasons such as (but not limited to) credit card ownership validation or IP order justification.
- 2.5. In case of unreasonable delay or refusal to provide such information, the User account and services provided by the Provider may be suspended or terminated.
- 2.6. Refusing to comply with Terms of Service will result in unilateral termination of service agreement initiated by the Provider with no refund possibility. The Provider will act based on “User’s non-compliance” terms.
3. User’s Content Policy
- 3.1. The User of the account is responsible for any actions carried out within the account and all resources given by the Provider.
- 3.2. The User is responsible to take care of their account and its safety.
- 3.3. It is the User’s responsibility to make backups.
- 3.4. The User is solely responsible for the preservation of his data. While the backups are being done by the Provider (if such feature is included within the User’s service), we do not guarantee full data safety and have no responsibility to preserve the data at all times. It is the User’s responsibility to make backups of the information that is critical to him.
- 3.5. The User is responsible to maintain that all content follows all guidelines appropriate to the service or services, including but not limited to email content that does not cause damage to any of the leased products or services such as IP address reputation.
- 3.6. The Provider is not responsible for content, the validity of the User’s content, the effectiveness of the User’s content, nor the legality of the User’s content
- 3.7. The Provider may not be held liable in any case of data loss.
- 3.8. Refusing to comply with Terms of Service will result in unilateral termination of service agreement initiated by the Provider with no refund possibility. The Provider will act based on “User’s non-compliance” terms.
IV. Billing and Payment Policy
1. Billing Policy
- 1.1. The invoice for the services is calculated according to the rates of the user’s bespoke quotation.
- 1.2. It is the User’s responsibility to review billing information.
- 1.3. If the User uses monthly services, invoices are generated 1 to 15 days before the due date.
- 1.4. If the User uses long-term services, invoices are generated 5 to 25 days before the due date, if not stated otherwise.
- 1.5. Due date reminders may be sent respectively each day after the payment date for 3 consecutive days.
- 1.6. The due date for the payment may not be changed by either party without prior written consent of both parties.
- 1.7. An invoice generated for the next billing period of an active service may not be cancelled on request until the following billing period.
- 1.8. If any outstanding invoices are unpaid within the specified period, related services may be suspended automatically.
- 1.9. In case of service cancellation, all related future invoices will be cancelled automatically.
- 1.10. In case of order reconsideration, the former order is terminated and the related invoice is canceled.
- 1.11. The Provider reserves the right to refuse some service upgrades if there are outstanding invoices for the service in question. In such case, the User is asked to pay for the outstanding invoices prior to the upgrade.
- 1.12. The Provider reserves the right to change the rates of services anytime. The User always receives a notice about any upcoming changes in advance.
2. Payment Policy
- 2.1. The currency initially assigned to the billing account may not be changed.
- 2.2. Discounts provided for first-time accounts may not be used multiple times by the same person. Coupon/promotion abuse will not be tolerated and may result in the suspension or termination of the account.
- 2.3. The Provider is not responsible for the price changes that may occur due to currency exchange rates.
- 2.4. Prices do not include any taxes imposed by any tax authority of any kind if not stated otherwise. It is the User’s responsibility to cover additional taxes that may be applied.
- 2.5. Only the User himself may pay for his services. The Provider reserves the right to ask to prove the ownership of the credit card or any other medium of payment used.
- 2.6. The Provider is not responsible for automatic transactions which are issued by third party checkout services. It is the User’s responsibility to manage their third party checkout services account settings to disable and avoid unwanted automatic transactions.
- 2.7. By creating a billing agreement for authorized PayPal or Stripe payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his PayPal account. It is the User’s responsibility to create, manage and terminate authorized PayPal payments in the Client Area.
- 2.8. By creating authorized credit card payments through the Client Area, the User gives permission for the Provider to process automatic transactions from his credit card. It is the User’s responsibility to create, manage and terminate authorized credit card payments in the Client Area.
- 2.9. By using his PayPal account with Genex Networks, the User agrees to set PayPal as his default payment method for all future automatic transactions. If the User chooses to add a credit card to his account, it will be set as the default payment method for all automatic transactions. It is the User‘s responsibility to create, manage and terminate authorized payments in the Client Area.
- 2.10. The Provider does not tolerate any type of fraud regarding the payment for the services. If any illegal actions occur, the services are terminated and the User is reported to legal authorities without prior notice.
- 2.11. The user understands and agrees that any attempt by the User to request a refund or charge back for services that have been delivered faithfully with any gateway provider including, but not limited to PayPal, Stripe, etc. will be summarily denied.
V. Cancellation and Refunds
1. Service Cancellation
- 1.1. Services may be canceled by either party – the Provider or the User. However, Provider cannot cancel the service on the User’s behalf. The User must request cancellation through appropriate channels. Requesting a refund or initiating a charge back are not forms of cancellation. Proper cancellation must take place through the billing portal found at https://genexnetworks.net/billing.
- 1.2. The Provider has the right cancel the services if the User violates Terms of Service. The Provider reserves the right to cancel the service without prior notice.
- 1.3. The User has the right to cancel his service anytime by submitting the cancellation request through his billing account. Cancellation will take effect before the beginning of the next billing or contract period assuming the user has not yet been invoiced for the upcoming billing period and is not retroactive to the previous or current billing periods for any reason. If a cancellation request is made after a billing or contract period has begun, but before payment has been made, the user is still liable for making full payment for the current billing and/or contract cycle.
- 1.4. If the User’s account contains any third party services like software licenses or leased IPs, leased domains, etc., thirty (30) days notice must be given before cancellation is effective, i.e. prior to the PREVIOUS billing month cycle.
- 1.5. Cancellation terms on leased service products are as stated in the initial contract for such services. Typically leased services shall continue for the minimum term of twelve (12) months. At the end of the initial twelve (12) month term, the leased service agreement will renew for consecutive 12 month terms. Cancellation requests must be made through the billing portal at least 60 days prior to the renewal of the current term.
2. Refund Policy
- 2.1. The Provider ensures a 7 day money–back guarantee. The guarantee applies from the moment the service is paid for. The guarantee applies for each service separately. Please note that the 7 day money–back guarantee is not valid for 3rd party products and services such as management services and contracts, third party software licenses, leased IP addresses, or third party consultancy. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions.
- 2.2. To apply for a refund, the User must submit a refund request through his registered billing account.
- 2.3. Refunds are provided to the User’s credit balance or via the same payment medium that was used by the User if applicable – the User’s payment gateway account or the User’s bank account.
- 2.4. Refunds are applicable only if the User is in complete compliance with Terms of Service, has not undergone suspension or termination due to violations of Terms of Service before and has a clear abuse history.
- 2.5. Refunds are provided only for dedicated hosting, shared hosting, reseller hosting, VPS hosting and Cloud hosting services. Other than the 7 day period, no refunds will be offered on these services.
- 2.6. Refunds are provided for each service accordingly. However, the User may receive a refund for a specific service only once.
- 2.7. Refunds are applicable only if the service is provided directly by the Provider. 3rd party products and services such as management services and contracts, software licenses, leased IP addresses, or third party consultancy or additional services are not refundable. If the User has purchased a service that includes a free domain name and the user canceled the purchased product, the standard price for the domain name will be deducted from the refund amount. The refund excludes the value of 3rd party products and services without any exceptions.
- 2.8. Refunds are not provided if the service was not accessible because of 3rd party illegal activities.
- 2.9. Refunds are not provided if the User has failed to maintain appropriate standards of care regarding resource reputation and protocols. If any of the resources made available by the Provider to the User are damaged in any way, including, but not limited to IP or license reputation, no refund will be offered.
- 2.10. If any leased asset, such as IP addresses is damaged, in ways such as low sender scores, blacklisting, etc., no refunds will be provided.
- 2.11. The Provider reserves the right to make the final decision on any refund requests issued.
3. Chargebacks, Reversals and Retrievals
- 3.1. Chargebacks are not considered an acceptable form of refunding. All payment refunds must be requested in accordance to the refund policy instead of issuing a chargeback or opening a transaction dispute. Chargebacks and/or disputes will be considered as payment fraud and will be a subject to full investigation.
- 3.2. The Provider will use all information including but not limited to the User’s billing account profile, login history data, email logs, feedback notifications, scomp reports, bounce logs, reputation reports, blacklist monitoring, any communication between the Provider and the User, any communication between a service provider and the Provider, and any communication between a 3rd party and the User in order to appeal the chargeback or other payment dispute.
- 3.3. If the Provider receives a chargeback or a payment dispute from a Credit Card company, bank, via PayPal or any other payment gateway, all services related to the billing account of the User may be suspended without prior notice. Where applicable, domain disposal may be limited and requests to perform a transfer may be denied. These conditions apply to third party products as well.
- 3.4. For every instance of chargeback or any other form of transaction retrieval, the User agrees to pay a $99 administration fee. The User will be responsible for reimbursement of any administrative time responding to the chargeback in the amount of $150 per hour, in addition to any legal or recovery fees associated with same.
- 3.5. To restore the services, which were suspended due to a chargeback, a reversal or a retrieval, the User is bound to make sure that all chargebacks, reversals and/or retrievals would be withdrawen. Moreover, any financial mismatch caused by the chargebacks, reversals and/or retrievals must be fully covered by the User before the services are restored. Any double payment resulting from this process will be added to the User’s billing account in the form of account credit.
VI. Suspension and Termination
- 1.1. The Provider reserves the right to suspend and/or terminate any service for the User who either deliberately and intentionally or unintentionally violates Terms of Service.
- 1.2. The Provider reserves the right not to contact the User prior to suspension. However the Provider may contact the User prior to suspension in attempt to stop and avoid further adverse actions carried out by the User or third parties through the User’s resources.
- 1.3. The User must act immediately after receiving a notice from the Provider and take necessary actions. A time-frame may be specified by the Provider for the User to restore compliance with Terms of Service.
- 1.4. Failing to cooperate will result in suspension and/or termination of services.
- 1.5. The Provider will act based on “User’s non-compliance” terms.
- 1.6. The Provider reserves the right to temporarily suspend the server because of security issues until they are eliminated. This is done to secure all the users using the server and it is not considered downtime therefore the User is not eligible for a refund.
- 1.7. Service data is kept for 15 days after suspension. However, the User may renew the services during this period for an additional fee.
- 1.8. 15 days after the suspension the services are terminated and the Provider no longer preserves any service data.
- 1.9. If the User violates Acceptable Use Policy, the Provider reserves the right to terminate the services immediately as to avoid damage to other users and/or 3rd parties. There will be no refunds allowed for violation of the AUP.
- 2.1. In cases where the service was used deliberately and intentionally to cause damage to any property in any shape or form, the Provider has the right to terminate the service immediately, with or without prior notification.
- 2.2. If the User acts deliberately and intentionally to cause damage to any property in any shape or form, a refund is not applicable.
- 2.3. The services are terminated immediately if the User:
- creates a proxy service;
- is carrying out actions related with copyrighted data without having copyrights to that material;
- is using the server for unwanted e-mail (SPAM) or harmful software sending;
- is using the server to generate bitcoins (is performing bitmining);
- is using the server in a manner which damages the reputation of the IP addresses associated with the User’s services;
- is using the server in a manner which causes the IP addresses associated with any of the User’s services to appear on the SBL or CSS;
- is serving/sharing files using torrent protocol;
- is scamming/phishing or other harmful for other internet users activities;
- is performing any kind of other illegal activities.
- 2.4. The Provider will act based on “User’s non-compliance” terms.
VII. Acceptable Use Policy
1. Prohibited Uses
- 1.1. The service may be used for lawful purposes only. The User is prohibited from transmitting any material in violation of any international, national and local regulations.
- 1.2. The prohibited uses include (but are not limited to) these actions:
- Serving/sharing files using torrent protocol;
- Causing any assets leased to the User to be damaged in any way;
- Crypto currency mining;
- Malicious usage to disturb the work of the server;
- Abusive actions against other servers or users;
- DDos flooding or any other kind of flooding.
- 1.3. The Provider reserves the right to refuse the service if the User uses the service for prohibited uses that violate Terms of Service, are not compatible with our policies or are considered illegal, harmful or threatening in any way.
- 1.4. If the User chooses to continue using the services for prohibited uses, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.
2. Anti-Spam Policy
- 2.1. The Provider does not tolerate spam and the spread of spam is strictly forbidden during the use of service.
- 2.2. While using the service for mailing the User undertakes the following obligations:
- Not to email to the people, who have not expressed any request in any way to receive emails;
- Not to provide and not to propose the service under the application of which 3rd parties could spread spam;
- To implement and support appropriate technical means that secure that any 3rd parties do not spread spam;
- Apply opt-in principle for any information sent via electronic means, and suggest effective means to refuse received spam;
- Not to collect, store, publish and spread data (e.g. email addresses) under the aid of which the spam can be sent;
- Not to create open or easily exploitable mailing relays.
- Not to snowshoe mailings. We completely forbid any form of snowshoe spamming on our network. Anyone found to have such activity on our network will have their service immediately suspended without refund. Snowshoe spamming defined (from Spamhaus.org): https://www.spamhaus.org/faq/section/Glossary#233
- Not to damage the IP reputation or cause IP addresses to be added to the SBL, RBL, CSS or any ESP’s individual blacklist.
- To maintain content that is relevant, appropriate, and not considered SPAM by any of the ESPs.
- To follow all recommendations and guidelines provided by ESPs in response to SPAM, or suspected SPAM behavior. If an ESP notifies the User or the Provider of a report of unsolicited mail and/or a SPAM complaint, the User will cease mailing until they have corrected and/or remediated the problem and had the IP address or addresses affected removed from the ESP’s blacklist or limitation.
- To respond to all complaints and to rectify any factors that negatively affect IP reputation and SenderScore.
- 2.3. If the User does not follow the obligations listed above, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.
- 2.4. If the User accused of spam rejects the accusation on the grounds that the complaining party (in this case – the recipient) agreed to subscribe to the User’s mailing list, the User must present proof of the recipient’s subscription. The User must provide logs which contain the complaining party’s email address, the exact date and time of the subscription confirmation, and the IP address which the recipient used during the subscription confirmation.
- 2.5. If the User accused of spam refuses to cooperate and provide the required information, the Provider considers the User being guilty of the Spam Policy violation.
3. Unlimited Resources Policy
- 3.1. Shared hosting services are designed for small to medium size personal, business, organization websites. Shared hosting resources may be used for active email, web files and content of the User’s website(s) only.
- 3.2. Shared hosting resources cannot be used for:
- File sharing;
- Extensive video, photo, log files, software storage;
- Document or other archive storage;
- Backup storage;
- Website(s) created to drive traffic to another website(s).
- 3.3. The Provider does not limit disk space resources but applies a limited amount of iNode resources depending on the shared hosting plan.
- 3.4. The Provider does not limit disk space and bandwidth resources usage as long as the usage of aforementioned resources complies with Terms of Service.
- 3.5. If disk space and bandwidth resource usage presents a risk to data storage, networking, stability, security, performance and uptime of a web hosting server and affects other services or users, the Provider reserves the right to suspend the User’s service.
4. Copyright Policy
- 4.1. The User is prohibited to carry out any actions opposing legal acts, violations of rights to third parties, including (but not limited to) storing, publishing, sending, distributing, making publicly available or otherwise transferring any content considered by legal acts to be prohibited, limited, threatening, discriminative, violating others’ rights.
- 4.2. The User’s content must not oppose any legal acts within United Kingdom as well as the location of the service, or any party entitled to the content, as well as international regulations.
- 4.3. If the User uploads copyrighted material without permission, the copyright holder or an interested 3rd party may report copyright infringement to the Provider.
- 4.4. The Provider reserves the right to act upon judgement and suspend or terminate the services for the User if the User is reasonably suspected of copyright infringement.
5. Unacceptable Material
- 5.1. The Provider does not tolerate certain unacceptable material, stored on his servers. Such material includes (but is not limited to):
- Gambling websites;
- Websites promoting illegal activities;
- Child pornography;
- Racist content;
- Incitement of strife, hatred or violence;
- Other abusive websites.
- 5.2. The Provider reserves the right to refuse the service if the material stored by the User violates Terms of Service, is not compatible with our policies or is considered illegal, harmful or threatening in any way.
- 5.3. If the User chooses to store unacceptable material, the Provider will act under “User’s non-compliance” terms and may suspend or terminate the service with or without prior notice.
6. Unacceptable Resource Usage
- 6.1. Over-usage of resources and malicious usage is strictly prohibited.
- 6.2. In cases where outside malicious activity affects neighboring users, the Provider reserves the right take action against the User’s VPS to stop any effects to the performance of service.
- 6.3. This is taken against (but not limited to): containers under DDoS, containers used for scanning. As such, suspensions, null routes or connection restrictions may be applied.
- 6.4. Any of these common techniques and tools will be used to restore balance of service neighborhood for as long as necessary.
- 6.5. The User agrees that such service outage is not considered downtime.
VIII. Report Submission Policy
1. General Guidelines
- 1.1. The Provider accepts reports from the complaining party if the User is conducting illegal activities while using Genex Networks services.
- 1.2. All reports must be prepared in fluent English.
- 1.3. The report is applicable only if it includes legal grounds which sustain the claim.
- 1.4. The complaining party must file the report in person, through a lawyer or a legal firm, authorized to represent the person or the company. If the report is submitted by a lawyer or a legal firm, a proof of representation agreement must be presented along with the report.
- 1.5. The complaining party must include sufficient and accurate contact information – an email and a telephone number.
- 1.6. The report must be submitted via email or through the Ticket System only.
2. Copyright Violation Report
- 2.1. In case of copyright violation, the Provider acts as a mediator of the complaining party and the User, if the User agrees to cooperate.
- 2.2. The copyright infringement report must contain (but is not limited to) the reasoning of the report and direct links to the copyrighted material. If the report is made by the copyright owner, it must contain evidence of the copyright ownership.
- 2.3. The Provider reserves the right to request additional information in order to confirm the violation of the copyright policy.
3. Phishing Report
- 3.1. An email phishing report must contain a copy of the phishing email in question. It must be attached in text form with full headers, timestamps, source and destination data.
- 3.2. A screenshot of the phishing email in question is optional.
- 3.3. A website based-phishing report must contain a full URL path (not only a domain or a subdomain) to the phishing page.
- 3.4. A screenshot of the phishing website with a brief description is mandatory. The exact time of the screenshot take must be provided as well.
4. SPAM Report
- 4.1. An email spam report must contain a copy of the email in question. It must be attached to the report in text, with full headers, timestamps, source and destination data.
- 4.2. The email spam report must contain a brief explanation of why the complaining party considers the email to be spam.
- 4.3. A screenshot of the email in question is optional.
5. Network Abuse Report
- 5.1.In case of network abuse, including (but not limited to) flooding, spoofing, scanning, brute-forcing, exploiting and botnets, the complaining party must provide sufficient amount of log excerpts and indicate the exact time of the incident in question.
6. Defamation and Libel Report
- 6.1.In case of defamation and libel, the Provider reserves the right not to be put in the position to determine the veracity of the User.
- 6.2.The Provider will not judge, censor or control the content in any other form, even if the complaining party finds it offensive.
- 6.3.The complaining party has the right to express its concerns directly to the creator of the content only.
7. Child Pornography Report
- 7.1. A child pornography report must contain the exact URL where the abuse is taking place.
- 7.2. Any additional information to help the Provider determine the exact source of the content is strongly appreciated.
- 7.3. Suspected offenders are immediately reported to the legal authorities. The Provider fully cooperates with any ongoing investigation.
8. Credit Card Fraud Report
- 8.1. In case of a credit card fraud, the complaining party must provide the first and the last name of the card holder along with the first 4 and last 4 numbers of the credit card in question, card type and expiration date.
- 8.2. In case of unauthorized charges, the complaining party must provide the exact time and the amount of the charge in question.
1. Intellectual Property
- 1.1. Terms of Service does not give or transfer the User any rights to intellectual property that is not in his possession.
- 1.2. All rights to the software used during the process of service provision are protected and belong to the Provider or the Provider is authorized to use them.
2. Collected Private Information
- 2.1. In order to use the website and the services, the User is required to register and provide his or her personal information during the registration.
- 2.2. Collected private information is not disclosed to any third party by the Provider, unless specifically stated otherwise in these terms, for example in cases when appropriate legal authorities request such data in case of criminal activity performed by the User or through the User’s account.
- 2.3. The Provider reserves the right to use all of the information provided by any visitor, which he or she submitted during the registration process, as well as any other information about his activity within our services.
- 2.4. The Provider reserves the right to use all the collected private information, including (but not limited to) the User’s email address for service related and marketing purposes.
- 2.5. By signing up or providing his or her personal information, the User agrees to receive service related and marketing information, sent to him or her by the Provider.
3. Collected Anonymous Information
- 3.1. The Provider may collect certain information every time the visitor or the User visits the Website in order to provide higher quality services to the users of the service.
- 3.2. The collected anonymous information includes (but is not limited to) visitors’ IP addresses, related data (e.g., the internet address of the last website, which the person has visited before his/her visit to the website, browser and operating system types, common search yields from various search programs, oriented towards internal advertising, popular search words, etc.).
- 3.3. The Provider may collect and conserve the indicated information about all and any visitors, regardless if they are registered or not.
4. Cookies Policy
- 4.1. The Provider may collect certain information using cookies in compliance with privacy and data protection laws and regulatory framework.
- 4.2. The tracked information is used to supply, improve and manage the services. The use of the tracked information includes research, statistics and advertising purposes.
- 4.3. The tracked information is not transmitted to 3rd parties in any circumstances.
X. Customer Support
1. Basic Support Service Agreement
- 1.1. Basic support is available to every User under limited service basis.
- 1.2. The Provider reserves the right to deny any support service request if it is considered not eligible for non-paid support.
- 1.3. Official Support must be conducted via support tickets through the billing and support portal. Requests for support via chat and messenger products do not constitute official support.
2. Support Availability
- 2.1. The User may contact the Provider with a professional assistance request, in which case the Provider will respond based on the type of request and the User’s acquired service level.
- 2.2. The Provider reserves the right to refuse service request under such conditions as insufficient service level or another tenable reason. Accordingly, a different service level may be offered by the Provider in order to carry out the request.
3. Non-Active User Support Service
- 3.1. The User who does not own any active services provided by the Provider, has the right to request support for sales, general guidance and assistance questions.
- 3.2. The Provider reserves the right to refuse service to any requests which are intolerable or harmful in any way.
4. Active User Support Service
- 4.1. The User who owns an active service provided by the Provider has the right to request basic support to ensure proper working conditions of any service from the Provider.
- 4.2. Basic support service comes free with any service provided by the Provider.
- 4.3. The User has the right to request additional support that he might need.
- 4.4. The Provider has the right to provide guidance, direct support or request the User to commit to a higher service level of support. If the required support service level is not available or declined by the User, the Provider reserves the right to refuse any additional support.
5. Advanced Support Service Agreement
- 5.1. The Provider provides higher level support for more complicated issues and tasks.
- 5.2. The User may acquire higher level support for an additional fee.
- 5.3. Advanced support service request must be sent and registered in the form of a ticket. The request must include a detailed explanation on what needs to be done. The Provider will evaluate the request and suggest a certain type of support service, regarding the nature and complexity of the task. While evaluating, the Provider undertakes the obligation to suggest the most appropriate and least expensive method of billing.
- 5.4. The User is free to accept the offer and send a prepayment or withdraw the request at once. The User will only be billed after both parties reach an agreement.
- 5.5. This support service is based on-agreement basis following 4 steps described below:
- Full customer inquiry, with detailed explanation on what must be done;
- Administrator’s reply with scheduling and invoicing;
- The User’s agreement and payment;
- Task execution.
- 5.6. After the task is completed and the response is submitted in a form of a report, the inquiry is considered as fully fulfilled. The User has the right request additional information on the configuration done.
- 5.7. The Provider reserves the right to refuse any additional requests after the main task is complete if additional requests are considered not related to the issue.
XI. Transfer Policy
- The Provider may transfer one master account for shared hosting users and up to 30 accounts for reseller. The Provider can transfer up to 2GB size accounts only.
- Free transfer service is only offered for “as it is” transfers if website content and data with no updates to the site configuration, aside from database connection details. Copying an existing site to a new domain or changing the URL of an existing site is NOT a free service.
- The Provider reserves the right to refuse transfer service to the User if it is considered impossible to migrate some or all account data.
- In no event shall the Provider be held responsible for any lost or missing data or files from a transfer to Genex Networks. The User is responsible for backing up his data.
XII. Reseller program
Please read these terms carefully – it is a condition of your being a member of the Reseller Program that you comply with them.
1. Terms of Agreement
- 1.1. Our agreement with Reseller will commence when the Reseller accepts these Terms of Service and will continue until either of us terminates the agreement by written notice to the other, or else as these terms provide.
- 2.1. We have the right to make amendments to these terms, the pricing structure applicable to the Reseller Program and the Service generally, and the terms of operation of any Service at any time.
- 2.2. We will post a general notice of amendments on a page of Press Release. Your use of the Services after publication of a notice of amendments will be an acceptance of those amendments in respect of all Services. If you disagree with amended terms, you may terminate your agreement with us by 90 days’ notice in writing. You must keep yourself informed of changes to Terms of Service by checking Press Release or Terms of Service regularly.
- 3.1. We will assign you a Reseller client group, which will provide you with access to the Genex Networks Reseller discounts and other benefits. We reserve the right to make changes to discounts and other benefits at any time.
- 3.2. Reseller agree that all Services ordered from Genex Networks will be supplied to Reseller upon the terms of our online Terms of Service, as amended from time to time.
- 3.3. Reseller agree that Genex Networks’s Services do not include sale, lease or other grant of the right to possession of web servers or related equipment. All physical equipment used in delivery of the Services will remain the property of and in the possession or control of Genex Networks.
- 3.4. Reseller grants Genex Networks a non-exclusive, royalty free license to use, transmit, display, adapt and reproduce all information, data, text, logos, images, audio, movie clips and/or content in any form which constitutes your customers’ web sites (“Customer Data”):
- a. in order to fulfil our obligations under this agreement; and
- b. for the purpose of providing ongoing Services directly to customers where Reseller becomes insolvent, cease to operate business, or
- c. if Reseller fails to respond for a period of 28 days or more to reasonable attempts to contact (where Reseller has not given Genex Networks prior notice to be out of contact).
4. Charges and Payment
- 4.1. Reseller must pay for:
- a. All charges for the Services in advance as notified by Genex Networks;
- b. Additional products, third party software and product upgrades that Reseller orders at the rates set out as per the Service pricing. Note: no refunds are issued for the cancellation of third party products.
- 4.2. Members of the Genex Networks Reseller Program who have agreed to these Terms of Service and otherwise fulfil the criteria set out in the table below will be entitled to acquire Services at the following discounted rates.
|Reseller Level||Total amount of income generated for Genex Networks||Volume-based Discount|
|Personal||Up to $4,999||5%|
|Business||$5,000 – $14,999||10%|
5. Suspension and Termination
- 5.1. Reseller may continue to be a member of the Reseller Program so long as Reseller is not in breach of these terms or the specific terms of supply applicable to any Service Reseller has contracted for. If Reseller is in breach of either, and (where the breach can be remedied) Reseller has not remedied the breach, we will have the right to suspend or terminate Reseller participation in the Reseller Program and the provision of any or all of Reseller accounts without notice.
- 5.2. Reseller will remain liable for all amounts owing to Genex Networks if we suspend or terminate this agreement for any reason.
- 5.3. Subject to clause 5.5, Reseller has the right to terminate participation in the Reseller Program by giving written notice to us. Doing so will not terminate Reseller agreement for supply of Services, which can be terminated only in accordance with the terms of supply of the particular Services.
- 5.4. Once Reseller participation in the Reseller Program has been terminated, from the date of such termination Reseller will no longer be entitled to access the discounts and other benefits of the Reseller Program.
- 5.5. If Genex Networks terminates this agreement pursuant to clause 6.1, or if a receiver, a trustee in bankruptcy, a liquidator, an administrator or other like person is appointed to part or all of Reseller assets or business, then Genex Networks may contact Reseller customers without notice to Reseller in order to ensure continued provision of Services to those customers on the basis that they contract and deal directly with Genex Networks.
- 6.4. You must comply with any rules imposed by any third party whose content or service you access using the Service.
7. Limitation of liability
- 7.1. We have no responsibility for, or liability in relation to, any person accessing data on Reseller sites or Reseller customers’ sites.
- 7.2. Reseller is responsible for providing direct communication and support to his customers. Genex Networks has no direct communication or obligations to the Clients of the Reseller.
- 7.3. Other than where clause 7.1 applies, in all other respects Genex Networks will have no liability to Reseller pursuant to this agreement for all loss or damage, howsoever arising.
8. Reseller obligation
- 8.2. Reseller must ensure that his customers comply with the above Terms of Service. If Resellers’ customers do not do so, and this results in any loss or damage being suffered by us, Reseller agree to indemnify us for any such loss or damage.
- 8.3. In order to remain on the Reseller Program, Reseller must:
- a. maintain at least one full-paying account with Genex Networks;
- b. meet Genex Networks’s credit checking requirements; and
- b. exhibit consistent reselling of Genex Networks products and services in an ongoing manner over time.
- 8.4. If you cease reselling Genex Networks products and services for a period longer than six months, Genex Networks reserves the right to cancel your membership of the Reseller Program without notice.
XIII. Affiliate Policy
1. Joining the Affiliate Program
- 1.1. The User’s participation in the program is solely for this purpose: to legally advertise Genex Networks and its partners and receive a commission on sales generated by the User’s referrals. The User also agrees to receive emails regarding the Affiliate program.
- 1.3. Affiliate accounts with inaccurate contact information are not approved. The Provider reserves the right to decline any application that does not meet the criteria.
2. Affiliate Account Suspension
- 2.1. The Provider reserves the right to suspend the User’s account anytime based on violations of Terms of Service and/or the affiliate policy.
- 2.2. The Provider reserves the right to determine if the User’s website is not suitable for our Affiliate program, including (but not limited to) the content that is not compatible with the Provider’s policies or is considered illegal, harmful or threatening in any way.
- 2.3. Affiliates are prohibited from using an identical or virtually identical Genex Networks trademark as a part of their domain, second level domain name and/or subdomain.
- 2.4. Affiliate accounts referring a large number of fraudulent clients, will be suspended. The Provider reserves the right to determine fraud following internal procedures.
- 2.5. Affiliate accounts referring a large number of clients who do chargebacks after the 45- day pending period may be suspended.
3. Linking and Advertising
- 3.1. The Affiliate may use graphic and text links both on his website and e-mails.
- 3.2. Genex Networks may also be advertised offline in classified ads, magazines and newspapers.
- 3.3. The Affiliate may only use the graphics and texts provided to him by the Provider.
- 3.4. The Publisher is not allowed to generate incentivized traffic (any kind of compensations for click, purchase or advertiser offer completion).
- 3.5. The Affiliate may not use cookie stuffing techniques, setting tracking cookie without the referral clicking on the Affiliate link.
- 3.6. The Affiliate may not use redirected pages and links to send a referral to the Provider’s website.
- 3.7. Affiliates may not develop browser extensions, pop-ups or other tools that redirect the browser through affiliate links when visiting a site where affiliate offers are available.
- 3.8. Domain forwarding is strictly prohibited – the Affiliate may not use a domain to forward directly to the Provider’s website using his Affiliate link.
- 3.9. If the Provider determines that the Affiliate’s advertising or linking activity can be identified as spam, The Provider reserves the right to suspend his Affiliate account. The Provider reserves the right to determine spam following internal procedures.
- 3.10. It is the Affiliate’s responsibility to ensure that his tracking code is working properly before sending traffic to the Provider’s servers. The Provider is not responsible for any modification made to Affiliate links. Affiliate commissions are not paid for tracking errors caused by editing, masking, redirecting or tampering with Affiliate links.
- 3.11. Default cookie tracking is set for 90 days.
4. Search Engine Marketing Campaigns
- 4.1. Affiliates are prohibited from bidding on Genex Networks branded and trademarked terms that are directly associated with Genex Networks brand, products and services. Affiliates are also prohibited from bidding on terms that are misspellings, variations or other keywords used to deceive users to believe that the searched keyword and ad copy is related to Genex Networks.
- 4.2. Affiliates are prohibited from using Genex Networks branded keywords or other keywords used to deceive users to believe that the ad copy is directly related to Genex Networks brand within the display URL of the ad copy.
- 4.3. Affiliates are also prohibited from utilizing any content that could fall into the following categories within their ad copy: adult content, content not yet rated, sensitive social issues, tragedy & conflict, etc.
5. Website Content
- 5.1. Affiliates are prohibited from using any content on their website (social account, public post, etc.) that could deceive users to believe that the website (social account, public post, etc.) is directly related to the Provider.
- 5.2. Affiliates are not allowed to replicate or reproduce the look, feel and structure of the Provider’s website. Also, Affiliates are prohibited from using any content that could fall into the following categories: adult content, content not yet rated, sensitive social issues, tragedy & conflict, etc.
- 5.3. Affiliates are prohibited from using an identical or virtually identical Genex Networks trademark as a part of their domain, second level domain name and/or subdomain.
- 5.4. Affiliates are allowed to only use trademarked creatives that are provided by Genex Networks.
6. Affiliate Commissions and Rates
- 6.1. Commissions are approved only from new and unique referred clients, or clients who buy a new type of hosting service. Commissions from existing clients are approved only if they buy a new type of hosting service for the first time. In this case, commissions will be valid for all bought services during the 90-day cookie period.
- 6.2. The Affiliate receives a fixed amount of $65 if his referrals purchase services from the Provider for $40 or more.
- 6.3. The Affiliate receives 100% if his referrals purchase services from the Provider for less than $40.
- 6.4. The Affiliate receives extra $25 for each of his tier 1 referrals who purchase services from the Provider for $40 or more.
- 6.5. The Affiliate receives extra 50$ USD for each of his tier 2 referrals who purchase services from the Provider for $40 or more.
- 6.6. The Affiliate receives extra 25% for each of his tier 1 referrals who purchase services from the Provider for less than $40.
- 6.7. The Affiliate receives extra 50% for each of his tier 2 referrals who purchase services from the Provider for less than $40.
- 6.8. All confirmed Affiliate income is kept under pending supervision up to 45 days until the Provider confirms the referrals and assigns the income to Affiliate earned funds.
- 6.9. In order for an Affiliate to qualify for Affiliate earned funds, his referral must have an active service for at least 45 days.
- 6.10. Affiliate accounts must be active at the time of the referral sale. The Affiliate is not eligible for commissions from referrals when his Affiliate account was suspended or before it was approved.
- 6.11. If the Affiliate buys a service through his own Affiliate link – the commissions for that sale will not be approved and such actions may lead to account suspension.
- 6.12. Missing or untracked Affiliate referrals must be reported during 45-day period after the purchase. Each case is reviewed individually. The Provider reserves the right to the final decision whereas the sale in question should be credited to the Affiliate.
- 6.13. The commissions are paid once a month.
7. Affiliate Payments
- 7.1. Affiliate system is limited to primary currency (USD).
- 7.2. Affiliate payments are issued via PayPal.
- 7.3. A minimum amount of $50 affiliate earned funds must be collected before commissions are paid. Earned funds are paid once a month.
- 7.4. Affiliates are responsible for ensuring that the payment information is accurate and up to date. The Provider is not responsible for any lost payments due to inaccurate Affiliate information.
- 7.5. If the Affiliate‘s PayPal account details are incorrect or PayPal refuses to accept the payment, the commission payment will be reissued within 60 days. If the Provider does not receive the correct Affiliate payment information within 120 days of commission generation, earned Affiliate commissions will be declined.
- 7.6. Affiliates are responsible for any taxes, fees, exchange rates or other expenses in regard of approved Affiliate commissions.
8. Affiliate Account Cancellation
- 8.1. The User has the right to cancel his affiliate account, while keeping his active service account. To do so, a written request must be submitted by submitting a ticket.
- 8.2. Affiliate accounts are tied together with a billing account. In cases when affiliate accounts or billing accounts are suspended due to breach of Terms of Service, the Provider reserves the right to close either or both accounts.
XIV. Obligations for Service Provision
1. Obligations for Domain Registration and Domain Transfer
- 1.1. The Provider does not guarantee the successful registration of a domain. The domain may be secretly reserved in the registry and deceptively appear to be free for registration.
- 1.2. It is the User’s responsibility to provide the correct information to sustain the requirements for each domain registry. The Provider is not responsible if the domain is rejected due to non-compliance with the terms of a specific domain registry.
- 1.3. The Provider does not guarantee the successful transfer of a domain. It is the User’s responsibility to make sure the domain is transferable before placing a transfer order.
- 1.4. To complete the domain transfer successfully, the User must have access to the domain’s management page to remove locks and change privacy settings to prepare the domain for the transfer procedure. The User also must be in control of the email address associated with the domain to be able to confirm the transfer by receiving an automated confirmation email.
2. Obligations for Shared and Reseller Hosting
- 2.1. Shared and Reseller hosting services are to be used for standard web hosting use only. As so, usage for (but not limited to) file sharing, torrents, streaming, proxies is not allowed.
- 2.2. Shared hosting services may not be used to resell web hosting.
- 2.3. The Provider reserves the right to determine whether the service usage is valid.
3. Obligations for VPS
- 3.1. VPS hosting services are under Shared hosting resource restriction. VPS hosting service usage might be restricted based by the demand of neighboring users of the same service.
- 3.2. VPS CPU threshold is calculated if over usage is detected for a prolonged period of time. If this occurs, it will be limited until the appropriate usage is restored. The User is free to upgrade his plans to benefit from higher CPU speeds if necessary.
- 3.3. VPS Bandwidth is calculated for every month and is reset every month regardless of the billing cycle. If the bandwidth limit is reached, the network speed is set to a bare minimum. In such cases the User is asked to upgrade his system.
4. Obligations for Cloud Servers
- 4.1. Cloud Servers hosting services are not bound by any resource usage restrictions except for Bandwidth.
- 4.2. Cloud Servers User can upgrade his resources if there is higher demand. After executing Upgrades the User will be charged with an invoice for the upgrades and after paying the invoice upgraded resources will be instantly added.
- 4.3. Cloud Servers hosting service User is free to downgrade his resources if there is no need for them. Note that the User cannot downgrade IPv4 addresses and disk space.