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December 2008
This is a LEGALLY BINDING TERM OF SERVICE (TOS), ACCEPTABLE USE POLICY (AUP), AND SERVICE LEVEL AGREEMENT (SLA) BETWEEN YOU AS "CUSTOMER" AND GENHOST SOLUTIONS AS "GENHOST". The agreements above are subjected to change without prior notice and therefore the customer is responsible to check them from time to time.
In consideration for the payment of the Fees calculated in accordance with the Price List at the time of the completion of an Order Form by the Customer, GenHost agrees to provide the Services. The Customer agrees to make payment for the Services by payment of the invoice within 7 days of the invoice date if the Order Form is submitted by fax or post.
The customer responsible to remember the payment due date and GenHost will not accept any reason of late payment. If the Customer fails to pay any invoice which is due and payable under this Agreement, GenHost shall be entitled to charge may RM150 reconnection fee at GenHost's judgment. If payment is not received by 10 calendar days after the due date, GenHost will charge interest on a daily basis 4% on the overdue amount. If GenHost does not receive payment in full within 30 calendar days of the due date, it may terminate this Agreement as regards any Service requested by the Customer without further obligation to the Customer.
In performing our obligations under this Agreement, GenHost shall exercise the reasonable care and skill of a competent Internet service provider. Except as expressly set out in this Agreement, all conditions or warranties which may be implied or incorporated into this Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law. In particular, but without limitation, GenHost exclude any warranty as to the quality or accuracy of information received through the Service. While GenHost will use all reasonable endeavours to provide a prompt and continuing service, customer is responsible for insuring yourself and/or your organisation against all loss of or damage to data, hence, we will not be liable to you for any loss of or damage to data stored/transmitted on/using the Service and/or the GenHost network. GenHost will not be liable to you, whether in contract, tort or otherwise:
(I) For loss, whether direct or indirect, of business, revenue or profits anticipated savings or wasted expenditure, corruption or destruction of data or for any indirect or consequential loss whatsoever.
(II) For the acts or omissions of other providers of telecommunication services or for faults in or failures of their apparatus.
For the any customer support, GenHost provides the best effort services and GenHost will not held responsible for any other issues which resulted directly or indirectly due to the support given. For any services are not subscribed by the Customer, GenHost reserves the right to charge RM100/hr for any website/server for any troubleshooting issues. There is an act of goodwill and cannot be defined for the FREE services provided by GenHost.
Any violation of copyright or trademark is prohibited. Such violation includes but is not limited to unauthorized copying or redistribute of music, books, picture, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Violations will be reported to the appropriate law enforcement agency.
GenHost will never sell or unveil Customer's confidential detail or data to any third party except there is a written agreement from customer or required by legal authority.
Customer shall not transmit or disseminate unsolicited commercial e-mail (UCE), or unsolicited bulk message s (Spam), including advertisements, informational distributions, and charitable or other solicitations. Nor shall Customer utilize UCE or Spam to promote or benefit any sites or businesses that are located on the GenHost network, nor did to collect responses from UCE or Spam regardless of whether send over the GenHost network. Do not violate the CAN-SPAM Act of 2003. Do not send E-Mail Marketing Messages or facilitate E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Do not host or allow to be hosted any site or information that is advertised by E-Mail Marketing, even if such conduct is CAN-SPAM compliant. Customer may not send or attempt to send e-mail messages or transmit any electronic communications using a name or address of someone other than Customer for purposes of deception. Any attempt to impersonate someone else by altering source IP address information or by using forged headers or other identifying information, including the domain name is prohibited. Any attempt to fraudulently conceal, forge, or otherwise falsify. Customer's identity in connection with use of the Service is prohibited. Confirmed Opt-In (also known as Double Opt-in), is the only method we allow for the e-mail lists operated by our customers.
Any of abuse and violations of system or network security are prohibited, and may result in suspension, cancellation or criminal and civil liability. For any application of services or systems under GenHost Network to save or send or receive content that is illegal according to the laws of Malaysia is strictly prohibited for any reason. The system or network abuse or security violations as listed below:
HACKING: Unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network.
UNAUTHORIZED MONITORING: Unauthorized monitoring of data or traffic on any network or system without express authorization of the owner of the system or network.
OFFENSIVE MATERIAL: Use of GenHost service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property.
FORGING: Forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
INTERFERENCE: Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks.
FRAUD: Use of GenHost service to commit fraud which including and not limiting to fake investment websites, speculation websites, fake banks and investment institution.
GenHost reserves the right to suspend service or terminate service and/or to remove content in order to investigate any alleged violations. GenHost at its best effort will notify any customers of any violation so that the customer can investigate the case and provide necessary explanation or solution. If there is no reply from customer within the mentioned period, GenHost will have no choice but to suspend the services to avoid more damages. In some critical cases, GenHost reserves the right to disable or terminate service without first given notice if the violation affects the entire operation. If the explanation or solution is accepted, customer is given a warning. If the violations were a premeditated attempt under GenHost best judgment, the entire account and all associated accounts will be closed without warning and without a refund.
GENHOST provides 30 Days Money Guaranteed Back from the commencement date to ensure our customer 100% satisfy with our system. All the account cancellations must be done in by fax or by email. Refund only eligible if customer experience technical problems caused by services 100% under GENHOST control. Refund is not eligible for the network downtime caused by customer actions or third party software. In order to protect 30 Days Money Guaranteed Back Policy for abuse, refund is not eligible if GENHOST discovered that the customer is running "short-lived" website for his/her interest. efund is granted by GENHOST's sole discretion. Refund decisions made by GENHOST are final. The third party resells services/ products such as Domain Name, SSL, Server Co-location, and Private email are not included in GENHOST 30 Days Money Guaranteed Back guaranteed policy. As for the refund regarding to the server or network service downtime, customer is responsible to notifying the billing department by email within SEVEN days from time of incident.