Use of Genetic Hosting Service constitutes acceptance and agreement to Genetic Hosting's AUP as well as Genetic Hosting's TOS (Terms of Service).

All provisions of this contract are subject to the TOS (Terms of Service) of Genetic Hosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.

1. Disclosure to Law Enforcement: The AUP specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Genetic Hosting shall have the right to terminate all service set forth in this Agreement.
   
   
2. Service Rates: Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
   
   
3. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month's service or of the year for that year's service.
   
   
4. Payments and Fees: Credit cards that are declined for any reason are subject to a $1.00 declination fee. Service will be interrupted on accounts that reach 10 days past due. Service interrupted for nonpayment is subject to a $10 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Genetic Hosting may be turned over to an outside collection agency for collection. If your account is turned over for collection, you agree to pay the company a "Processing and Collection" Fee of not less than $50 nor more than $150. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.
   
   
5. Refund and Disputes: All payments to Genetic Hosting are nonrefundable*. This includes any setup fees and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in Genetic Hosting sole discretion is a valid charge under the provisions of the TOS and /or AUP, you agree to pay Genetic Hosting an "Administrative Fee" of not less than $50 and not more than $150.
   
   
6. Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
   
   
7. Account Cancellation: Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to:

   Genetic Hosting
   Attn: Cancellation
   980 n La Cienega Blvd
   Los Angeles, CA 90069

   Or you may call 323.606.5000 or fax the cancellation request to 310.657.7153.

   Genetic Hosting preferred method of cancellation is through our support email account, at which point we'll contact you to approve the cancellation request.

   You must have all account information to cancel.
   

8. Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

9. Support Boundaries: Genetic Hosting, provides 24 x 7 technical support to our subscribers (except for few holidays and short company meetings when we close our center.) We limit our technical support to our area of expertise. The following is our guidelines when providing support: Genetic Hosting provides support related to your account or virtual site physical functioning. Genetic Hosting does not offer tech support for application specific issues such as cgi programming, html or any other such issue. Genetic Hosting does not provide technical support for YOUR customers. If you can email, we encourage you to email ghsupport @ genetichosting.com for assistance. If you are able to get online and have other questions, the answers may be in our Frequent Questions section - we encourage you to check there first. Lastly, the Help files in the program you are using may have the answer to your question so please do investigate these resources before contacting tech support.
   
   
10. Backups: Full backups are created on a daily basis. However, 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 client's responsibility to maintain local copies of their web content and information.
    
    
11. Scripts Policy: Genetic Hosting is not responsible for scripts that you use in your hosting account. It is not our responsibility to ensure your scripts function correctly. Please don't expect our support techs to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
    
    
12. SSH Policy: Genetic Hosting enforces a strict "No SSH" policy. Any domain that uses a script which can be used to enable privileges or enable SSH services, will be instantly suspended.
    
    
13. Money Back Guarantee: In the event that the customer requests a refund, within the 30 day period of ordering hosting, payment will be issued within 30 days of the request. Please send request to ghsupport @ genetichosting.com . No refunds will be given to any customer who violates this agreement.
    
    
14. SPAM and Unsolicited Commercial Email (UCE): Genetic Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Genetic Hosting may not use or permit others to use our network to transact in UCE. Customers of Genetic Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    
    

    a.	Violation of Genetic Hosting SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Genetic Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Genetic Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Genetic Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Genetic Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Genetic Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.
    b.	First violations of this policy will result in an "Administrative Fee" of $50 and your account will be reviewed for possible immediate termination. A second violation will result in an "Administrative Fee" of $100 and immediate termination of your account. Users who violate this policy agree that in addition to these "Administrative" penalties, they will pay "Research Fees" not to exceed $100 per hour that Genetic Hosting personnel must spend to investigate the matter. PLEASE, DO NOT SPAM from your account.
    c.	As our Customers are ultimately responsible for the actions of their clients over the Genetic Hosting network, it is advisable that Customers develop a similar, or stricter, policy for their clients.

    
    IMPORTANT NOTICE:
    BEGINNING IMMEDIATELY, anyone hosting websites or services on their account that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their account immediately removed from our network. The account will not be reconnected until such time that you agree to remove ANY and ALL traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been COMPLETELY removed. Severe violations may result in immediate and permanent removal of the account from our network without notice to the customer. Any account guilty of a second violation WILL be immediately and permanently removed from our network without notice.
    
    
15. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Genetic Hosting will monitor Customer's bandwidth and disk usage. Genetic Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Genetic Hosting sole and absolute discretion. If Genetic Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, Genetic Hosting may, at its sole discretion, collect a deposit, in an amount determined by Genetic Hosting, against customer's credit card on file with Genetic Hosting.
    
    
16. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Genetic Hosting Network. Violations of system or network security may result in civil or criminal liability. Genetic Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    
    

    a.	Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
    b.	Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    c.	Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
    d.	Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
    e.	Taking any action in order to obtain services to which such User is not entitled.

    
    
17. Notification of Violation:
    
    

    a.	Genetic Hosting is under no duty to look at each customer's or user's activities to determine if a violation of the AUP has occurred, nor do we assume any responsibility through our AUP to monitor or police Internet-related activities.
    b.	First violation: Any User, which Genetic Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Genetic Hosting discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.
    c.	Second Violation: Users that Genetic Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

    
    
18. Suspension of Service or Cancellation: Genetic Hosting reserves the right to suspend network access to any customer if in the judgment of the Genetic Hosting network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Genetic Hosting chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
    
    
19. Genetic Hosting reserves the right to amend its policies at any time. All accounts of Genetic Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. You will be held responsible for the actions of yourself and clients in the matter described on these Terms and conditions. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.
    
    
20. Indemnification: Genetic Hosting wishes to emphasize that in agreeing to the Genetic Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Genetic Hosting for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Genetic Hosting or the bringing of any claim against Genetic Hosting by any third-party. This means that if Genetic Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Genetic Hosting, plus all costs and attorney's fees.
    
    
21. Responsibility for Content: You, as Genetic Hosting customer, are solely responsible for the content stored on and served by your Genetic Hosting account.