|
|
SUBSCRIBER ACCESS
TERMS AND CONDITIONS
This
Policy represents genmar.net's (genmar.net) Acceptable Use
Policy ("Policy") applicable to the Customers of genmar.net and
supersedes any other written or oral Policy. Upon notice
published on-line via genmar.net's web page genmar.net may
modify the Policy, amplify the Policy, as well as discontinue or
change services offered.
genmar.net reserves the right to revise this Policy at any time.
Customer may view the most up-to-date version of this policy at
any time at
http://www.genmar.net/policy.htm
By
using any of the services offered by genmar.net, Customer is
bound by and must comply with this Policy in its entirety.
Violations of the guidelines, delineated below, will result in
cancellation of the Customer account or such other action as
genmar.net, in its sole discretion, may deem appropriate.
-
SYSTEM AND NETWORK SECURITY
-
Customer may not tamper with other
accounts, or commit unauthorized intrusion into any part
of genmar.net's system, or use any of genmar.net's
machines, files, accounts, networks to intrude without
authorization into any other system.
-
Customer may not use genmar.net services
not included in Customer's account, or devise ways to
circumvent security in order to access services Customer
is not paying for.
-
Customer may not use the system in a
manner that encumbers disk space, processors or other
system resources beyond those allowed by the specific
type of account. Customer may not make deliberate
attempts to interfere with a service, overload a service
or attempt to disable a host.
-
EMAIL
-
Customers may not continue to send
commercial e-mail to a recipient if recipient has
requested that Customer discontinue such communication.
-
genmar.net prohibits the transmission of
e-mail that is harassing, libelous, defamatory, legally
obscene or pornographic, threatening, abusive or hateful
to non-consenting recipients.
-
Customers may not forge header
information.
-
genmar.net prohibits the use of
Customer's account, or network connection, to collect
replies of messages sent from any another provider that
violates the rules of this Policy or those of the
originating provider.
-
genmar.net prohibits the use of and
reserves the right to cancel any customer account, which
promotes its business by means of spamming, using either
genmar.net's or other ISPs networks.
-
BILLING
-
All announced prices are in US Dollars.
-
GENERAL
-
Web site hosting and all other services
provided to the Customer by genmar.net may only be used
for lawful purposes. Customer will use the web hosting
services in a manner consistent with any and all
applicable laws of the United States federal government.
-
genmar.net reserves the right, in its
sole discretion, to deactivate the Customer's web
hosting account(s) upon an indication of credit problems
including delinquent payments.
genmar.net hosting service is provided on an "as is, as
available" basis. genmar.net gives no warranty,
expressed or implied, for the web hosting services
provided, including, without limitation, warranty of
merchantability and warranty of fitness for a particular
purpose. This no warranty expressly includes any
reimbursement for losses of income due to disruption of
service by genmar.net or its providers beyond the fees
paid by Customer to genmar.net for services.
-
genmar.net is not responsible for any
damages arising from Customer's use of genmar.net or by
Customer's inability to use the web hosting services for
any reason.
While genmar.net shall make every reasonable effort to
protect and backup data for Customer on a regular basis,
genmar.net is not responsible for Customer's files
residing on genmar.net servers. Customer is solely
responsible for independent backup of data stored on
genmar.net servers.
-
Customer hereby agrees that any material
submitted for publication on genmar.net through
Customer's account(s) will not contain anything leading
to an abusive or unethical use of the web hosting
product(s) or the host server(s). Abusive and unethical
materials and uses include, but are not limited to
pornography, obscenity, nudity, violations of privacy,
computer viruses, and any harassing and harmful
materials or uses.
-
Customer hereby agrees to indemnify and
hold harmless genmar.net from any claim resulting from
your publication of materials or your use of those
materials. genmar.net may or may not give notice before
deactivating the use of an account(s) which genmar.net
decides is an abusive or unethical use of the web
hosting account(s) or host server(s).
-
Due to the public nature of the Internet,
all information should be considered publicly accessible
and important or private information should be treated
carefully. genmar.net is not liable for protection or
privacy of electronic mail or other information
transferred through the Internet or any other network
genmar.net or its customers may utilize.
genmar.net maintains control and any ownership of any
and all IP Numbers and addresses that may be assigned to
Customer and reserves in its sole discretion the right
to change or remove any and all IP. numbers and
addresses.
-
Use of any information obtained via
genmar.net is at your own risk. genmar.net specifically
denies any responsibility for the accuracy or quality of
information obtained through its services.
-
Use of other organizations' networks or
computing resources is subject to their respective
permission and usage policies.
-
If genmar.net cancels Customer's account
for any reason, Customer agrees not to reregister
without genmar.net's written consent. In the event
Customer reregisters without genmar.net's prior written
consent, genmar.net will cancel Customer 's account and
all dues and fees paid to date regardless of whether
service has been rendered will be forfeited.
Additionally, any amounts owed in arrears will be made
due and payable immediately.
-
genmar.net requires that Customer is
qualified to contract. genmar.net cannot accept payments
from persons who are not at least eighteen (18) years of
age. Customer will be held responsible for keeping all
billing data for genmar.net accurate and up to date.
False data supplied for the contract between genmar.net
and Customer will be grounds for account termination.
-
The Customer agrees to defend, hold
harmless, and expeditiously indemnify genmar.net from
any and all liability, claim, loss, damage or expense
arising out of Customer's breach or violation of any
covenant contained in this Policy, or resulting from the
Customer's use of the service.
-
Customer agrees to waive and hold
genmar.net harmless from any claims relating to any
action taken by genmar.net as part of an investigation
into a suspected violation of this Policy or as a result
of its conclusion that a violation of this Policy has
occurred. Therefore, Customer cannot sue or recover any
damages whatsoever from genmar.net as a result of the
decision to remove material from its server, or to
suspend or terminate Customer 's account.
-
The web server is physically located in
the state of Oklahoma, and the Customer may only access
the server by means of the Internet, an interstate
common carrier of information.
-
genmar.net reserves the right to kill off
CPU intensive processes.
-
genmar.net has a strong corporate policy
to respect and protect the privacy of its customers and
their information that is stored on genmar.net's Hosting
Services. genmar.net will only access and disclose
information as necessary to comply with applicable laws
and government requests, to provide genmar.net services,
to operate or maintain its systems or to protect itself
or its customers.
-
POLICY ENFORCEMENT
-
When genmar.net becomes aware of an
alleged violation of its Acceptable Use Policy,
genmar.net will initiate an investigation. During the
investigation genmar.net may restrict Customer 's access
in order to prevent further possible unauthorized
activity. Depending on the severity of the violation,
genmar.net may, at its sole discretion, restrict,
suspend, or terminate Customer's account and/or pursue
other civil remedies. If such violation is a criminal
offense, genmar.net will notify the appropriate law
enforcement department of such violation.
-
COPYRIGHT INFRINGEMENT
-
If genmar.net becomes aware of material
that could be infringing on a third party's copyright,
posted by Customer, it will initiate an investigation.
If genmar.net receives from a Complainant a claim with
the applicable copyright or trademark registration
number; a copy of the underlying copyrighted work along
with the Customer 's materials; and, a good faith
certification, signed under penalty of perjury, that the
work is the property of the Complainant, that the work
has been copied and that use of the work is not
defensible, genmar.net, in its discretion, may, at any
time, deny access to the challenged material of
Customer.
-
genmar.net will notify Customer of the
copyright infringement allegation and will allow
Customer to respond to the allegation(s).
-
genmar.net shall have no liability,
directly or indirectly, to Complainants or third parties
for Customer's infringing copyrighted materials.
Customer shall reimburse genmar.net for all expenses
associated with processing valid infringement
allegations and defending any and all legal claims
associated therewith.
-
CONTENT
-
All services may be used for lawful
purposes only. Transmission, storage, or presentation of
any information, data or material in violation of any
United States Federal Government, State or City law is
prohibited. This includes, but is not limited to:
copyrighted material, material we judge to be
threatening or obscene, or material protected by trade
secret and other statute. The subscriber agrees to
indemnify and hold us harmless from any claims resulting
from the use of the service which damages the subscriber
or any other party.
-
Note: Pornography and sex-related
merchandising are prohibited on all servers. This
includes sites that may infer sexual content, or link to
adult content elsewhere. This is also true for sites
that promote any illegal activity or content that may be
damaging to our servers or any other server on the
internet. Links to such materials are also prohibited.
-
Examples of non-acceptable content or
links:
-
Pirated software
-
Hackers programs or archives
-
Warez Sites
-
IRC Bots
-
MP3
-
We will be the sole arbiter as to what
constitutes a violation of this provision.
-
REPORTING NETWORK ABUSE
-
Any party seeking to report violations of
genmar.net's policy please e-mail: site-abuse@genmar.net
|
|