Terms & Conditions

TERMS & CONDITIONS OF SERVICE

Service Agreement
By ordering our services in any way you are agreeing to be bound by our terms and conditions below.

POLICY AND SERVICE GUIDELINES

We want to provide the best possible service to our customers and to do so, we have to set forth some guidelines for everyone to follow. These terms and conditions override any email, chat session, or contact of any kind with any GenesisPro Designs personnel. This Registration Agreement also sets forth the terms and conditions of your use of GenesisPro Designs Services. GenesisPro Designs & The Genesis Productions staff reserves the right to terminate or refuse service at any time with or with out given purpose and will be the sole arbiter in determining refusal.

CONTENT

All services provided by GenesisPro Designs may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless GenesisPro Designs from any claims resulting from the use of the service which damages the subscriber or any other party.

Explicit, pornography and sex-related merchandising and material is prohibited on all services provided and sites hosted or designed by GenesisPro Designs. This includes sites that may infer sexual content, or links to adult content elsewhere. If you host non-adult related content with us and then host adult related sites somewhere else, this is also prohibited and we can not allow someone to host on our server that would host pornography elsewhere. If we find out that you are hosting adult material elsewhere, we have cause to remove your site (even if it does not have adult material on it). GenesisPro Designs will be the sole arbiter in determining violations of this provision.

If pornography is found on our server, the offending domain will be deleted immediately with no warning and no refunds of money will be given. NO links to any pornography or sex related sites are tolerated and your site will immediately be removed without refund. GenesisPro Designs will not be associated with any content of the sort.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to GenesisPro Designs servers or any other server on the internet. Links to such materials are also prohibited. Examples of unacceptable content or links:
Pirated software
Hacker/Cracker programs or archives
Warez sites

GenesisPro Designs will be the sole arbiter as to what constitutes a violation of this provision.

ZERO TOLERANCE SPAM POLICY

We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. Safe lists and double opt-in will be treated as spam. Any user who sends out spam will have their account terminated without notice. Please read our mail policy below.

GenesisPro Designs reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. GenesisPro Designs also reserves the right to make any such modifications in an emergency at our sole discretion.

GenesisPro Designs reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of GenesisPro Designs all rights reserved.

BACKUPS AND DATA LOSS

Your use of the service is at your sole risk unless otherwise established in contract. GenesisPro Designs is not responsible for files and data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on GenesisPro Designs servers unless otherwise documented and/or agreed upon.

CANCELLATIONS

GenesisPro Designs reserves the right to cancel any account at any time.

Customers may cancel at any time. GenesisPro Designs may give you 30 day money back guarantee on our hosting solutions with exception of initial deposit (50% of total cost), but is not obligated to do so under no circumstances. Refund requests after 30 days may be refunded on a prorated basis of any unused time.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, cancelled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

MAILING POLICY AND LIMITS

1. Anytime you’re sending a message no matter how large your e-mail list is you must throttle it. We recommend you throttle it to at the very least sending 1 email every 6 seconds. If the mailing list software you’re using does not allow you to throttle you must switch to something else. We recommend php list which can be found in your control panel under Fantastico. If you do not throttle and you try sending let’s say 500 emails the server will try sending all 500 in 1 second which is not possible. This will cause the server load to go very high and for the entire server to be sluggish until this process is completed. It is our job to keep the server up and running without being sluggish. Anyone who causes the servers load to go high will be suspended and the process will be terminated. If you choose not to throttle you will most likely be suspended for crashing the server.

2. Any mailing list over 900 emails is only allowed to be sent to during off-peak times to prevent high server loads. Off peak times qualify as all day Saturday and Sunday, and 1am to 8am central standard time M-F.

3. You are not allowed to mail to a mailing list you were given or purchased. This is spamming because they never agreed to you personally sending them mail. It will be recognized as spam and will result in termination of the offending account.

4. Any unsolicited e-mail being sent will result in termination of the offending account. We take a zero tolerance stance against sending of unsolicited e-mail.

INDEMNITY

You agree to defend, indemnify and hold harmless GenesisPro Designs and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. We do not own your domain name nor do we want to and we do not claim ownership of your content. It is completely yours. All content on your web site is considered a publication of yours and we are not to be held responsible for anything you present on the web through your domain in any way.

LIMITATION OF LIABILITY (HOSTING)

GenesisPro Designs shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from GenesisPro Designs servers going off-line or being unavailable for any reason whatsoever. Further, GenesisPro Designs 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 GenesisPro Designs servers. All damages shall be limited to the immediate termination of your service. We will always do our best to keep things running smoothly and to ensure that your web experience is the best. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your Account Number, Password or security authentication; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your website; (8) loss or liability from your inability to use our mail service; or (9) loss or liability from the use of our mail service; or (10) loss or liability that you may incur in connection with our processing of your application for our services.

REFUSAL OF SERVICE

GenesisPro Designs shall be the sole arbiter of what is and is not a violation of these acceptable use policies. GenesisPro Designs reserves the right to terminate any account at any time and for any reason. GenesisPro Designs reserves the right to delete all content and files upon termination. GenesisPro Designs reserves the right to withhold any pre-paid funds for any site removed for violations of these policies as well as any deposit or retainer acquired for contracted projects. GenesisPro Designs reserves the right to refuse, cancel, or suspend service at our sole discretion.

In the event that any provision of this Agreement is deemed unenforceable or invalid, such non-enforceable or invalidity shall not affect the remainder of this Agreement. GenesisPro Designs may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of GenesisPro Designs as reflected in the original provision.

GenesisPro Designs reserves the right to change the Terms of Services without prior notice or warning. Non-enforcement of any part of the Terms of Services does not constitute consent.

This Agreement, the GenesisPro Designs fee schedule and the hosting terms of use together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and GenesisPro Designs, and supersede and govern all prior proposals, agreements, or other communications.

LIABILITY

In the event of a dispute, Client agrees that GenesisPro Designs liability will not exceed 1/5 (one fifth) value of the contract, and that GenesisPro Designs and any of its associates are not obligated to pay or refund any amount of costs. Client further agrees that any disputes under the contract will be resolved in the state of Texas. Furthermore, Client consents to Texas jurisdiction.

NOTICE

These Terms and Conditions supersede all previous representations, understandings, and contracts. A non-refundable payment of a retainer or deposit constitutes contract to and acceptance of these terms and conditions. The remaining balance is due previous to or upon initial delivery or service. Any payment is an acceptance of these terms and conditions. Any failure of any portion of our terms, will not prevent the balance of terms from being enforced.

ACCEPTANCE

Payment of the retainer or deposit for the project is an acceptance of our terms and conditions.

Failure to follow any term or condition will be grounds for immediate shut down of any production.