These Special Conditions of Sale and Use (hereinafter referred to as “STU”) form the Agreement (“Agreement”) between Genious Communications and any person subscribing to Genious Communications’ shared hosting service (hereinafter the “Customer”) and sets forth the terms and conditions of Your use of Shared Hosting Services.
By using the Shared Hosting Services, the Customer acknowledges that He has read, understand and agree to be bound by all the terms and conditions of this Agreement, and further agrees to be bound by the terms of this Agreement for transactions entered into by anyone who uses the account, whether or not the transactions were on the Customer’s behalf and/or authorized by Him.
These STU and their Appendices shall prevail over the General Conditions if a contradiction appears between these documents.
2. Amendment of the Contract
These STU may be modified, in accordance with the GTSU, in order to take into account any technical or legal evolution.
The use of Genious Communications’ services and its website after any such changes constitutes Your acceptance of those changes.
3. Description of Genious Communications' Shared Hosting Services
With the Shared Hosting service, the Customer's site is placed on one or more servers that He shares with other customers.
4. Service’s performance Conditions
Genious Communications will send the Customer an e-mail confirming the activation of the Service, providing the Customer with the codes allowing him to access his Service on Genious Communications’ hosting platform.
5. Term of Contract
This Agreement shall begin upon the date of the service’s activation and shall remain in force throughout the term chosen by the Customer, unless the Service is terminated in accordance with the terms set forth in the GTSU.
6. Operating terms
The Customer shall respect the traffic volume and storage space authorized by the hosting offer and options to which He has subscribed.
7. Genious Communications’ Obligations and Liability
7.1. Genious Communications’ Obligations
Genious Communications undertakes to provide a good service in accordance with the profession’s practices and the art’s state. It only responds to an obligation of means.
Genious Communications is committed to:
- Ensure access to the Service 24 hours a day, 7 days a week, whenever possible, every day of the year;
- Protect, as much as possible, its hosting platform;
- Inform, as far as possible, the Customer, within a reasonable time, by e-mail or via the Customer Area, of a possible Service interruption, so that the Customer can take the necessary measures;
- To take all necessary measures to maintain the Service in the event of a grave incident affecting the operation of Genious Communications Web hosting platform. This measure may consist of switching the Service to a new hosting platform for the duration of the incident or maintenance. During this period, the Customer acknowledges that the performance of the Service may be partially degraded;
- Take all necessary measures to ensure that the performance of the Services by its teams complies with all regulations in force and, in particular, with applicable physical security standards;
- Ensure network and hardware operability and server connectivity.
7.2. Additional rights
Genious Communications reserves the right to interrupt the Service to a Customer, particularly if the use of the Service by such Customer constitutes a danger to the maintenance of the security of Genious Communications' web hosting platform. Genious Communications undertakes to restore the Service to the Customer as soon as the Customer has notified Genious Communications that He has made the necessary corrections.
On the other hand, depending on the facts’ seriousness, Genious Communications reserves the right to terminate the Hosting Service subscribed to by the Customer in accordance with the GTSU.
7.3. Limitation of liability of Genious Communications
Genious Communications cannot be held responsible for the content of the information, sound, text, images and data accessible on the Customer's Web Site, on its server and/or on its Customer Space, nor for any failure originating from the Customer's misuse of the Service.
8. Customer’s Obligations and Liability
8.1. Customer's Obligations
The Customer undertakes and agrees to:
- Respect the rights of third parties, including intellectual property rights of third parties such as copyrights, patent or trademark rights;
- To set up the necessary means of safeguard for the sustainability of its business;
- Keep a copy of the data transmitted and stored on the hosting platform;
- To take personal responsibility for any claim against Genious Communications relating to the Client's obligations under this Agreement, and to pay directly to the claimant any amounts that the claimant may require from Genious Communications.
The Customer undertakes and agrees not to:
- Use Genious Communications' servers and website as a source, intermediary, to make abusive and/or illegal uses that threaten the stability and security of Genious Communications' network or cause disruption to the Genious Communications Services;
- Send SPAM;
- Use software or run scripts that cause the server to load to an unreasonable level. This level is determined at the sole discretion of Genious Communications.
In addition, the Customer assures Genious Communications that he has obtained all the necessary authorizations in terms of copyright and that he is the holder of all the intellectual property rights on all the pages and data that he has hosted at Genious Communications.
In the event the Customer violates the above-mentioned terms, Genious Communications may, ipso jure and without notice, terminate this Agreement. In such cases, the Customer will not be entitled to reimbursement by Genious Communications of any paid sums.
8.2. Customer's liability
The Customer is solely responsible for:
- Any loss or damage suffered by its website or the content of its server;
- The conservation of independent backup copies of its website or server content;
- The security and confidentiality of all content on its website or server transferred to or stored on Genious Communications' servers.
Under no circumstances can Genious Communications be held liable for any loss, damage or destruction of any content belonging to the Customer.
APPENDIX 1: DEFINITIONS AND INTERPRETATIONS
: Computer devices managed by Genious Communications, on which data storage is performed.
: A program executed by the web server that sends an HTML code automatically created by the server to the user's browser.
: A number that identifies Internet each connected equipment. Interface with the computer network of any computer equipment.
: The transmission capacity of a transmission link. It determines the amount of information (in bits/s) that can be transmitted simultaneously.
: Technology for the remote use of runtime and storage resources.
The titles and headings of this Agreement are inserted only as a matter of convenience. They shall not be utilized in any way to construe or interpret the Agreement of the Parties as otherwise set forth herein.
Words importing the singular include the plural and vice versa.
Any phrase introduced by the terms “including”, “include”, “in particular”, “for example”, “such as” or any similar expression shall not limit the sense of the words preceding or following such terms.
APPENDIX 2: LIMITATIONS OF USE
1. Disk space and bandwidth
No limit is mentioned on the disk space or bandwidth provided in the shared hosting package "NEAT". However, the use of disk space and bandwidth must be limited to the normal operation of a personal or small business Web Site. This normal operation is decided at the sole discretion of Genious Communications. For a normal and non-abusive use of the pack “NEAT”, the disk quota related to emails must not exceed 100 Gigs per hosting account.
Failing this, the Customer is warned that its use of resources is excessive and that it may impact the operation of the Service on Genious Communications web hosting platform, and expose the concerned Service to suspension without prior notice in order to guarantee a suitable service quality to all platform Customers.
In addition, Customers who have subscribed to the shared hosting cannot stock or share files and/or stream. For Customers with high-traffic Websites and/or wishing to stock or share files or stream, dedicated hosting or Cloud-VPS Services are provided in Genious Communications website.
2. PHP and MySQL
The Customer can create and run his own PHP and/or MySQL on his own account. This use must be reasonable.
However, in order to provide a quality service, Genious Communications reserves the right to stop the Service if its use endangers the functioning of the Genious Communications hosting platform.
Genious Communications will make every effort to notify Customers who use scripts that use a high percentage of system resources before suspending them.
APPENDIX 3: SERVERS LOCATION
1. Genious Communications data center located in Morocco
For Customers who have chosen hosting in Morocco, the servers where their data are stored are hosted by the company Genious Communications in a Data Center which is located in Nouacer, Casablanca, Morocco, ensuring a sufficient level of privacy protection and fundamental rights and freedoms of individuals in accordance with the personal data protection law n° 09-08 promulgated by Dahir 1-09-15 of February 18, 2009 (B.O. n° 5714 of 05/03/2009).
2. Genious Communications data center located in Canada
For Customers who have chosen hosting in Canada, the servers where their data is stored are hosted by the company Genious Communications in a Data Center which is located in Canada, a country included in the list of states established in the Deliberation No. 236-2015 of December 18, 2015 of the CNDP, ensuring a sufficient level of privacy protection and fundamental rights and freedoms of individuals in accordance with the personal data protection law n° 09-08 promulgated by Dahir 1-09-15 of February 18, 2009 (B.O. n° 5714 of 05/03/2009).