Super Genii, Inc. provides web hosting services to subscribers around the world. The following terms of service are designed to provide the highest level of service available.

Content
All services provided by Super Genii, Inc. are to 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 Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Super Genii, Inc., from any claims resulting from the subscriber's use of Super Genii's services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites
• Distribution of music files or any other material in which the account holder does not own the copyright.

Super Genii, Inc. will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC - We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies - We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning - We do not allow any kind of portscanning to be done on or from our servers or network.

Commercial Advertising - Email -

• Spamming, i.e. the sending of unsolicited email, from any Super Genii server or any server located on the Super Genii network is STRICTLY prohibited. Super Genii will be the sole arbiter as to what constitutes a violation of this provision. This also includes Optin Optout mail programs and mail that either directly or indirectly references a domain contained within an account at Super Genii.
• Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Super Genii customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing or selling lists of email addresses from 3rd parties for mailing to or from any Super Genii Inc.-hosted domain, or referencing any Super Genii account, is prohibited.
• Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited.
• Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited.
• All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from "disposable domain names" with whois privacy protection.

Server Abuse - Any attempts to undermine or cause harm to a Super Genii server or subscriber of Super Genii is strictly prohibited including, but not limited to:

• Logging into a server or account that you are not authorized to access
• Accessing data or taking any action to obtain services not intended for you or your use
• Attempting to probe, scan or test the vulnerability of any system, subsystem or network
• Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization
• Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer's functionality or the operation of the System
• Interfering with, intercepting or expropriating any system, data or information
• Interfering with service to any user, host or network including, without limitation, by means of overloading, "flooding," "mailbombing," or "crashing" any computer system

You will be held responsible for all actions performed by your account whether it be done by you or by others.
All sub-networks of Super Genii, Inc. and all dedicated servers must adhere to the above policies.

Bandwidth Measurement and Overage Fees
As of January 5, 2009 all bandwidth listings for Webmaster, Professional and Enterprise dedicated servers consist of the sum of incoming and outgoing bandwidth allowance. Incoming and outgoing bandwidth allowances are calculated on a 50/50 split of incoming to outgoing bandwidth based on the total bandwidth, therefore the incoming and outgoing bandwidth allowances are each half of the total listed bandwidth. Any bandwidth usage exceeding either the incoming or outgoing bandwidth total will be billed at the rate of $1.00 per GB over.

Dedicated Server Support
Basic support and maintenance of dedicated servers is provided at the discretion of Super Genii, Inc. In the case of erroneous instances or support issues extending beyond what we determine to be within the realm of reasonable assistance, support is priced as follows:

• $99/hour

Scheduled Maintenance and Downtime
Super Genii will use its commercially reasonably efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades ("Scheduled Downtime"); or service malfunctions, and causes beyond Super Genii's control or which are not reasonably foreseeable by Super Genii, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Super Genii will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Super Genii has no responsibility for downtime resulting from a user's actions. Also, the 100% network uptime guarantee does not apply for shared accounts.

Refunds
There are NO refunds. Notice of cancellation must be given before the month in question begins. All fees and payments are NON refundable.

Any violation of Super Genii, Inc.'s Terms of Service Agreement shall result in no refund.

Account Setup, Termination, and Billing:
The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month's billing cycle. Billing dates are on the first and 15th of every month.

Check Orders: Accounts for subscribers who wish to pay by check will be setup when the check is received by Super Genii, Inc.

Disabling of accounts due to overdue payment: Accounts will be disabled if payment is not received within 3 days of the invoice date. If your account has been disabled, you may be charged a reconnection fee of up to $50 in order to re-enable your account.

Termination of accounts due to overdue payment: If the account is not paid within 5 days of the invoice date, the account will be terminated and all information within the account will be deleted.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, billing information in the form of a partial credit card number or other payment information, or the billing password. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification.

Limitation of Damages
Recovery of damages from Super Genii may not exceed the amount of fees it has collected on the account.

General
Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Super Genii, Inc.

By opening an account, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Super Genii, Inc. administrators without prior notice.

All prices are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Super Genii, Inc. maintains the right to terminate accounts without prior notification.

We reserve the right to remove any account with 15 days prior notice.