Customer agrees when using, or accessing Hostgenus Solutions services that the terms and conditions of this policy will be met:
User agrees to use the service in manner consistent with any and all applicable laws. In the event that this account is not used in accordance with all Applicable Laws including, but not limited to Local, State or Federal Laws, Hostgenus Solutions reserves the right to cooperate with all or any law enforcement agencies.
User agrees to follow the Acceptable Use Policy of any network user connects to, including Hostgenus Solutions system.
Neither Hostgenus Solutions or its Information Providers are responsible for any damages arising from User’s use of Hostgenus Solutions or by User’s inability to use Hostgenus Solutions service.
User hereby agrees that any material submitted for publication on Hostgenus Solutions through user’s account(s) does not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything obscene or libelous. User’s may not host any hardcore adult content or porn websites on our shared, reseller servers. Software intended to facilitate any such violations or infringements may not be stored on hostgenus server
The following violations of “netiquette” are grounds for immediate suspension of service pending investigation by Hostgenus Solutions and will result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic.
Posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., 20 or more) or continued posting of articles which are off-topic (e.g., off-topic according to the newsgroup charter or the article provokes complaints from the regular readers of the newsgroup for being off-topic).
Sending unsolicited mass e-mailings (i.e., to more than 25 users) which provoke complaints from the recipients.
Engaging in either of the above from a provider other than Hostgenus Solutions and using an account on Hostgenus Solutions as a mail drop for responses, or advertising a web site hosted at Hostgenus.
Continued harassment of other individuals on the Internet after being asked to stop by those individuals and by Hostgenus Solutions.
Impersonating another user or otherwise falsifying one’s user name in e-mail, Usenet postings, on IRC, or with any other Internet service. (This does not preclude the use of nicknames in IRC or the use of anonymous re-mailer services.) Hostgenus Solutions prohibits IRC and associated programs, including psybnc, “bots”, etc., scripts commonly used for abuse, attacks, or flooding threatening, harassing, or obscene content and any proxies which do not require authentication, including open mail proxies, unprotected anonymous web surfing proxies.
Users whose accounts are terminated for any of the above infractions are also responsible for the cost of labor to cleanup and respond to complaints incurred by Hostgenus Solutions
General Server Limits
User agree to not use excessive amounts of resources. Any violations may result in us taking corrective action in order maintain server stability by killing any processes, disabling and/or suspending your account. User may not allow any process to run for longer than 30 CPU seconds or run any process that consumes more than 128 MB, PHP memory limit. Databases are limited to 25 max user connections. Cron jobs must not execute more than once every 30 minutes unless if specified by the script provider and will be niced to 15 or greater.
Each cPanel account may not send more than 300 emails per hour. If it is determined that a customers account is overusing the system resources, we may temporary suspend the account to prevent the server from experiencing any issues, resulting problems to other valued customers. If it is determined that the account is not suitable for the shared or reseller server environment, a notice will be sent to the customer providing them alternative solutions or such as ‘Semi-Dedicated’, ‘Dedicated Servers’ or a Premium Hosting account.
Hostgenus Solutions will be the sole arbiter as to what constitutes a violation of this provision and Hostgenus Solutions reserves the right to make adjustments to these limits at our sole discretion
CloudLinux Server Resource Limits
The CL limits for the hosts and domains are set separately, on the CloudLinux Servers.
Hostgenus Solutions performs backups of client databases daily and weekly and all other files every other day and weekly on all of our servers to ensure critical files are never lost. Our backups are created for accounts that are under 50GB and 250,000 Inodes.. For Reseller plans, these limits apply to each cPanel user individually. Furthermore, Hostgenus Solutions does not guarantee this feature to any of the clients, and therefore strongly advise the client to regularly perform a backup of their own data, hosted with us.
In the unfortunate event that the client has lost their data hosted with Hostgenus Solutions, will use reasonable endeavors to restore the client’s data; however Hostgenus Solutions will not be responsible for lost data, time, income or any other resource due to faulty backups or non-existent back-ups or any data loss due to faulty hardware. We highly encourage our customers to have their own separate backups if your website or data is critical to your business or livelihood as no backup method is failsafe therefore we make no warranties.
The use of more than 240,000 inodes on any cPanel account (single user) may result in automatic warning on cPanel > Stats > inodes. There will be no service interruption at this stage but if no action is taken to reduce the inodes, service interruption may take place once a user reach 250,000 Inodes. Accounts found to be exceeding the 250,000 inode limit will automatically show resource exceeded message and may be suspended if no action is taken to reduce the inode count.
Virtual private servers have a server wide limit of 5 million and there are no per cPanel user limits.
Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or resellers with millions of files that cause file system damage may be flagged for review and/or suspension.
The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here.
Cancellations
Customers may voluntarily cancel their account at any time, for any reason or for no reason, by requesting a cancellation from your members area or client area.
Request Cancellation. Hostgenus Solutions requires a five (5) day cancellation notice prior to the anniversary billing date for discontinuance or downgrades of month to month services. Failure to supply the requisite five (5) days will result in a full billable monthly cycle prior to cancellation.
All due amounts must be settled in full before we cancel the customer account.
Customer understands and agrees that Hostgenus Solutions does not provide pro-rated or any other kinds of refunds on cancellations. All fees Customer has paid shall be nonrefundable, unless stated otherwise under our any 15 days money back guarantee.
All cancellation requests must be made directly via www.hostgenus.com. Cancellations requests are not accepted by email, postal mail, by phone or via the help desk. If a customer canceled a recurring order by contacting any 3rd parties, we will consider it as an account cancellation request. In such cases, Hostgenus Solutions reserves the right to terminate the customer account with immediate effect without any prior notice.
Payment Issues
User agrees to pay Hostgenus Solutions all hosting charges relating to the use of User’s account(s) according to rates and prices stated on said sales order at the time of commencement.
User is responsible for charges at the time the service is used and Hostgenus Solutions may apply the amount due to User’s credit card at any time.
Hostgenus Solutions reserves the right to suspend access to service for User’s account(s) upon an indication of credit/debit problems including delinquent payments or rejection of any credit/debit card charges.
Credit/debit Card payment: If Customer chooses to pay for services by credit/debit card, Customer grants Hostgenus Solutions the right to charge payments to that card on each due date. Customer further agrees not to challenge or dispute any charge representing hosting payments.
Non-Payment: All Shared and SEO Hosting payments are due in full on the monthly anniversary date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five (5) consecutive days, including the anniversary date, may result in suspension of customer services.
Failure to remit payment for services within seven (7) consecutive days, including the anniversary date, may result in termination of access to the service network and all services shall be reclaimed. All customer data remaining after fourteen (14) days of non-payment will be destroyed for security and privacy reasons.
Once your account has been terminated for non payment, you may be charged a reconnection late fee of $6. If you are a reseller with more than 10 cPanel accounts a restoration fee of $1 per cPanel account will be charged in addition to the reconnection fee in order to cover the administrative time that takes to restore accounts from backups. The same restore fees may apply to all customers, if you want us to provide backups once an account is terminated for non payment. This restore service is subject to backup availability. There will be no re-connection or restore fees to re-enable suspended accounts due to non-payment.
All Dedicated Server and Virtual Private Server payments are due in full on the monthly anniversary date. If full payment has not been received within three (3) consecutive days, including the anniversary date, suspension of public access to customer services may be incurred. Failure to remit payment for services within five (5) consecutive days, including the anniversary date, shall result in termination of access to the service network and all services shall be reclaimed.