Terms of Service

Genesis Adaptive Hosting Terms of Service, as outlined below, provide customers with the most complete detail of our Terms and Conditions for continued use of our services. Our terms of service provide NO warranty, express or implied, and should NOT be taken as such. In addition, actions taken on behalf of or in response to ToS violations are explicitly reactive. Genesis Adaptive Hosting WILL NOT, and CANNOT be expected to police our customer networks for Terms of Service violations.

Genesis Adaptive Hosting cannot be held responsible for service terminations due to violations of this Terms of Service, and NO refunds will be given for customers found to be in violation of our terms of service.

Please refer all questions related to our terms of service to our executive team via our ToS contact e-mail, support@genesisadaptive.com

Introduction

This website is operated by Genesis Adaptive Hosting, INC. Throughout the site, the terms “we”, “us” and “our” refer to Genesis Adaptive Hosting, INC. Genesis Adaptive Hosting, INC offers this website, including all information, tools and services available from this site to you, the user and/or our customer, conditioned upon your acceptance of all terms, conditions, policies and notices stated here..

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

Support

Standard Service Support

We will make commercially reasonable efforts to provide 24x7x365 technician access for resolution of issues under our Standard SLA.

Adaptive Support

Our Adaptive Support customers gain access to our Adaptive Support SLA, providing much broader SLA guarantees for commercially reasonable efforts to provide support. During times of extraordinary operation, Adaptive Support customers are entitled to SLA credits and service credit ramifications as laid out in the Service Level Agreement and this document.

Contracts and Commitment Terms

Contracts

Each instance of service we provide operates on a rolling 30 day, otherwise referred to as 'month-to-month', contract. You are welcome to cancel at any time per our cancellation policy.

Commitment Terms

Unless otherwise specified, We provide services under 4 unique commitment terms: Monthly, Quarterly, Semi-Annually and Annually. Payment for these commitment terms is laid out in our 'Service Fees and Price Modifications' section.

Identity and Payment Verification

We require that customers wishing to pay via Credit Card provide identifying documents to ensure that they are in fact the card holder and are authorized to make a payment on the account.

The following information will be requested:

In rare cases, we may also request the following:

These documents can be furnished to us via our Customer Portal, which is fully encrypted by 256-bit SSL. All data is handled in compliance with PCI standards, and in accordance with our Privacy Policy.

Once your account has been verified, your service will be provisioned as normal, and you will never have to provide this information again so long as you continue to use the same payment card.

If for any reason you do not want to, can not, or are unable to complete this verification process, you will be issued with a FULL refund 7 days after your order.

Service Fees and Price Modifications

Service Fees

Fees for services, less any applicable discounts and promotional pricing agreements, are due on the date that you complete checkout for your service with us. The date of signup shall also serve as the monthly, quarterly, semi-annual or annual anniversary date for all future invoices generated against your service.

Price Modifications

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. Please refer to our 'Suspension of Service' and 'Terms of Service Violations' sections for further information on terminations and suspensions with cause.

In addition, We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Upgrade/Downgrade Fees

Upgrades may be ordered at any time by utilizing the tools available to you in your customer portal or via our representatives in our Live Chat/Helpdesk Ticketing systems.

When you place an order for an upgrade, the upgrade will be billed pro-rata by subtracting the amount of days to your next renewal of the service being upgraded from 30, dividing the total upgrade cost by 30, and multiplying the dividend by the remaining days until renewal. This gives us the pricing for your renewal, which will then be billed and must be paid before upgrades will be provisioned. Upgrades will NOT be provisioned for any reason without payment.

Should you need to downgrade a service, the same formula used to calculate the total upgrade cost will be used to provide you with an account credit in the amount of your downgrade, pro-rata. For more information, please view the 'Service Credits, Account Credits, and Credit Balances' section of this document.

One-time and Additional Fees

Setup-fees, configuration fees, service re-instatement fees, management fees, and any other fees as determined by Us are payable at the time of service, and are NOT subject to our 10-day refund policy, nor are they exempt from our Service Suspension policy.

10 Day Refund Guarantee

We pride ourselves in ensuring that you are completely satisfied with the service you receive from us. If for any reason you are unsatisfied with your hosting services with us, We offer a 10-day refund guarantee.

Due to the potential for abuse of our 10-day refund guarantee, the following circumstances are NOT valid reasons for a refund request under our 10-day refund guarantee:

In addition to these circumstances, the following items are NEVER refundable, regardless of date or time of sign up:

Our refund guarantee applies only during the first 10 (ten) calendar days from which your ACCOUNT was open, and is not per service instance. Customers who open multiple accounts to circumvent this rule will have their accounts merged.

Refunds must be requested by the 10th (tenth) day from the customers initial payment via support tickets to our SLA Department in your customer portal. Refund requests received in any other format will not be reviewed. Refund requests received after the 10th (tenth) day of service initiation may be provided solely at our discretion, and will be provided only in the form of an account credit.

Any refunds approved by us within this 10 day refund guarantee window will entail the reversal of your original payment, or as an account credit if you prefer. The form of refund you request will be determined when you submit your ticket.

Please note, we reserve the right to individually approve or deny refunds at our discretion for ANY reason.

Customer Data, Backups, and Data Loss

Backups

During the time in which you maintain active hosted services with us, we may at our discretion provide access to a replicated and redundant backup system integrated with your customer control panel. This backup system may be used *AT YOUR OWN RISK* to take backups and snapshots of your hosted services.

We are not required per this agreement, but are also not limited to, providing automated backups for specific customers depending on the level of service to which they are subscribed. Customers who are chosen to receive automated backups will be notified using the ticketing system or e-mail. Data that is backed up is encrypted and unavailable to our employees and other customers. In some cases, our employees may be granted access to your backup data. You will be notified if this is the case, and your data will be handled in accordance to our Privacy Policy.

Customer Data and Data Loss

Under no circumstance shall we be held liable for customer data. We utilize industry leading hardware and software to provide our service, but do not purport to believe, nor will we mislead you in believing that our system is fail-safe. As such, we cannot and will not be responsible for data loss resulting from the failure of our service, customer actions, employee actions, Force Majeure, or otherwise. It is your responsibility as the customer to ensure that your data is backed up, unless otherwise stated in our Service Level Agreement, or in a separate agreement between you and us.

Our backup service similarly comes with no warranty, express or implied, and should not be considered your only backup. While we have engineered our backup system to be as fail-safe as possible, no guarantees will be made as to the availability of data backups hosted on this system.

Domains & SSL Certificates

We exclusively resell Domain Names, SSL certificates, and other services directly from eNom. As such, any products and services are governed by the associated Terms of Service from eNom. Please contact eNom directly for questions about their Terms of Service.

Domains & SSL Certificates - Transfers

We will assist you using commercially available tools and support channels through eNom should you choose to transfer your Domain or SSL certificate away from us. Under no circumstance will we be able to assist a customer in transferring domains or SSL certificates on accounts that have past due or negative balances. Please resolve your negative or past due balance before requesting a domain name or SSL certificate transfer.

Domains & SSL Certificates - Refunds

Due to the non-refundable nature of Domain Names, SSL Certificates, and other products we have chosen to resell directly from eNom, we are unable, under ANY circumstance, to refund or issue credit for services purchased on your behalf through eNom.

Non-Payment of Services & Service Suspensions

Non-Payment of Services

Unless otherwise agreed, We expect payment to be received on or before the due date noted on your invoices, order forms, etc. Services who's payment has not been received by the date listed on the invoice shall be considered 'Past Due', and will move from good standing to non-payment standing.

Service Suspensions

Services with past due payments are subject to immediate suspension at 12 AM Central Standard Time on the following day. Services that remain past-due after seven (7) days are subject to DELETION - which will result in the loss of ALL customer data, both live and backup (if applicable).

Once an account has at least one non-payment standing service, the account is no longer in good standing with us. At our discretion, we may choose to suspend all associated services within the account unless payment arrangements are made or a cancellation of the past due service is made. If services are suspended for non-payment of a separate service, they are subject to a fourteen (14) day deletion period which will result in the DELETION of ALL customer data hosted on our systems.

Services may also be suspended for direct violations of any terms of this agreement, without notice and without cause. Services suspended for Terms of Service Violations, as governed in the aforenamed section, will abide by the language articulated there.

Refunds and Disputes

Refunds

Refunds are provided on a case by case basis, and their form is left solely at our discretion. Should we decide to issue a refund, your refund will either take the form of a credit to your account, or a refund transaction back to your original payment method. We CANNOT and WILL NOT provide refunds in any other ways.

Please refer to our 10-day refund guarantee for more information on non-refundable service and product items.

Disputes

Payment disputes submitted by you to your Credit Card Company, PayPal, or other payment processing service used by us to receive payment will result in immediate suspension of your service until the issue is resolved. During the period of Payment Dispute, we agree not to delete your data or information. We do however reserve the right to deny you access to your service with us. Your data, during this time, remains governed by our Privacy Policy.

Disputes submitted by you to your Credit Card Company, PayPal, or other payment processing service used by us to receive payment will sever our responsibility to you for any outstanding Service Level Agreements, Contract Terms, or otherwise. In addition, your account will no longer be eligible for any consideration under our 10-day money back guarantee.

SPAM Policy - Unsolicited Commercial E-mail (UCE) and CAN-SPAM

We maintain a very strict NO SPAM policy. We do not accept orders from users who want to use our service for spam, irrespective of CAN-SPAM compliance. Determination of SPAM indicates the receipt by us of any SPAM notification from a major anti-SPAM organization relating to e-mail sent by you; a listing at any major SBL of your IP address, or notification by our node monitoring software that not otherwise authorized mass e-mailing is taking place.

If you are found in violation of our NO SPAM Policy, your service shall be immediately suspended on the first offense, and you will be given 24 hours cool-off period to resolve the issue before your service is re-instated. Payment of a $50 clean-up fee will be required for re-activation, to remove all SPAM SBL listings. Upon the second offense, your service will be immediately terminated. You also authorize us to collect a $250 SPAM cleanup fee as payment from your payment method. If no automatic payment method is present, this amount will be billed to your account. If you do not pay this amount within 45 days, it will be sent to an outside collections agency without reproach.

Fines for SPAM may be eligible for removal, based on our discretion.

While we understand that mistakes do happen, we want to ensure that our network is SPAM free for the use of all of our customers.

Terms of Service Violations

TBD

Indemnification

You agree to indemnify, defend and hold harmless Genesis Adaptive Hosting, INC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Jurisdiction and Limitations of Liability

Jurisdiction

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the United States, the State of Illinois. Disputes arising under or in connection with this agreement shall be handled solely through our Arbitration Agreement, below.

Limitations of Liability

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free, unless otherwise determined by our Service Level Agreement (SLA). In cases where our SLA applies, financial remedies are available up to and including the total Monthly Recurring Cost (MRC) of the service to which you are subscribed.

We do not warrant that the results that may be obtained from the use of the service, such as those represented in marketing materials, consumer forums or otherwise, will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Genesis Adaptive Hosting, INC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Arbitration Agreement

Parties agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Chicago, IL, United States of America, before three arbitrators. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those Rules. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

For more information on JAMS, Arbitration, or JAMS Streamlined Arbitration procedures, please visit JAMS Streamlined Arbitration Rules.