EMPSERVERS.COM
POLICY AND SERVICE GUIDELINES (ToS - Terms of Service)
EMPSERVERS.COM provides web hosting to many different kind of clients. Therefore we have the responsibility to protect each of our clients and their interests and to provide the best services available. The following guidelines were designed to ensure that these obligations are met.
FURTHERMORE, these Policies, Guidelines, and Disclaimer are intended for all domains residing on EMPSERVERS.COM servers or affiliates.
CONTENT:
All services provided by EMPSERVERS.COM may 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 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 harmless EMPSERVERS.COM from any claims resulting from the use of the service which damages the subscriber or any other party. Pornography web hosting is prohibited on all EMPSERVERS.COM servers. EMPSERVERS.COM will be the sole arbiter in determining violations of this provision. Also prohibited are sites that promote any illegal activity or present content that may be damaging to EMPSERVERS.COM servers or any other server on the internet. Links to such materials are also prohibited.
Examples of unacceptable content or links or usage:
Pirated (cracked) software
Hacker programs or archives
Warez sites
Copyrighted Material
Any Site that consumes more than 5% of system resources
EMPSERVERS.COM will be the sole arbiter as to what constitutes a violation of these terms.
You are also not allowed to host an Image Hosting site with us which takes lots of cpu resources and abuse the server memory.
TRAFFIC USAGE:
All account plans come with a predetermined amount of traffic allowance. We monitor all accounts and bill $1.00 for each gig of traffic exceeded. This amount is not prorated, this meaning that 1 mb - 1 gig will be treated and billed as the same. Your account will be suspended automatically by our systems in the case of that the traffic limit has been reached. This is a) to protect you in case a 3rd party is mis-using your account without proper permission (eg. somebody hacked your account) and b) to protect us as we are responsible for paying the increased amount of bandwidth to our wholesaler.
COMMERCIAL ADVERTISING - EMAIL:
Spamming, or the sending of unsolicited email, from an EMPSERVERS.COM server or using an email address or domain that is maintained on an EMPSERVERS.COM machine as reference is STRICTLY prohibited. Selling software or services related to email advertising is prohibited, too. EMPSERVERS.COM will be the sole arbiter as to what constitutes a violation of this provision.
CHAT ROOMS:
We do not allow clients to install their own chat rooms. These tend to be a large drain on system resources and we cannot allow it as an account option. You can use the chat rooms provided through our control panel.
BACKGROUND RUNNING PROGRAMS:
We may allow programs to run continually in the background. These are considered on a case-by-case basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
IRC:
We do not allow IRC or IRC bots to be operated on our servers.
SERVER ABUSE:
Any attempt to undermine or cause harm to a server, or customer, of EMPSERVERS.COM is strictly prohibited.
REFUSAL OF SERVICE:
We reserve the right to refuse, cancel, or suspend service at our sole discretion and with no further justification.
All Sub-Networks, distributive hosting sites and dedicated servers of EMPSERVERS.COM must adhere to the above policies.
BILLING:
All accounts are billed automatically monthly, quarterly, semi-annually, or annually. It is the clients responsibility to ensure that they have sufficient funds to cover this transaction. The grace period on hosting accounts is three (3) days. As a courtesy we will send an email notification at which point we will need to be provided with payment within 24 hours. If we do not receive a response within 24 hours the account will be deactivated and any accounts under that account plan.
ACCOUNT DEACTIVATIONS:
Any account deactivated due to non-payment will be deactivated and we require a reactivation fee of $25.00 to be paid prior to reactivating the account.
CANCELLATION REFUNDS:
We DO NOT refund partial monthly fees to accounts canceling after their 30 day initial account activation period. Therefore only prepaid full monthly fees existing on account will be refunded.
CURRENCY:
All prices are in US-Dollar. We are not responsible for any currency exchange fees of your credit card company or your bank.
LIMITATION OF LIABILITY:
EMPSERVERS.COM shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from EMPSERVERS.COM servers going off-line or being unavailable for any reason whatsoever. Furthermore, EMPSERVERS.COM shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of EMPSERVERS.COM servers. All damages shall be limited to the immediate termination of service. All clients are advised to pull regular backups of their sites. We cannot be held responsible for missing files, data or lost business out of this.
You agree to indemnify, defend, and hold harmless EMPSERVERS.COM from any and all liability, penalties, losses, damages, costs, expenses, attorneys' fees, causes of action or claims caused by or resulting indirectly from your use of the service which damages either you, EMPSERVERS.COM, or any other party or parties without limitation or exception. This indemnification and hold harmless agreement extends to all issues associated with your account, including but not limited to domain name selection and Web site content.
Violations of these Acceptable Uses Policies should be referred to: clients@empservers.com
All complaints will be investigated promptly. Failure to follow any term or condition will be reason for immediate account deactivation.
DISCLAIMER:
EMPSERVERS.COM cannot be held liable for unexpected system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. We are currently functioning as a reseller for the web hosting services. Thus, certain equipment, routing, software, and programming used by EMPSERVERS.COM are not directly owned or written by EMPSERVERS.COM. We also depend on the services and terms of the Seller of these services. If any of our ToS is (for whatever reason) out of the ToS of the seller - the seller's ToS apply. Moreover, EMPSERVERS.COM holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as EMPSERVERS.COM sees fit. We cannot be held liable for links to other sites placed on our systems by clients - the client/owner of a site is responsible for the content and activity of his/her site!
ACCOUNT ACTIVATION:
By activating your account with EMPSERVERS.COM, you agree to the above policies and disclaimer. Upon requesting an account activation, you are required to accept these policies, guidelines, and disclaimer and a copy of your acceptance is forwarded along with your activation request to be maintained within your account information.
Proxy:
We do NOT allow proxies (A proxy) on our server, If you are found if a proxy your hosting will be terminated and NO refund given!
NOTICE: If you sign up for an account and do not follow our terms. No refunds will be given. We will however let you know by email or phone before any action is taken and you will have a chance to solve the matter.
FURTHERMORE, EMPSERVERS.COM retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification. We also retain the right to increase any pricing, and make changes to our account plans without notification. Our services may only be used for lawful purposes -- any use of these services which violates any laws which may apply to EMPSERVERS.COM, your local jurisdiction, or any jurisdiction that you or your site may be subject to is strictly prohibited. You also agree that you as the person legally responsible for all use of this account, are at least 18 years of age. If you are under 18 years of age, you need to have parental consent in order to sign up, and the account must be ordered by a parent or guardian, in their own name. You agree to supply EMPSERVERS.COM with a current and truthful name, postal address and telephone number for our records, and you have a continued obligation to keep this information current. You also agree that you are an authorized user of any credit card that you supply to us, and you understand and agree that we have an obligation to fully investigate any possible fraudulent credit card use.
MONEY-BACK GUARANTEE: If you do not like our service during the first 30 days and you would like to move-on to a different web hosting provider we will refund your web hosting fees. Unfortunately we are not able to refund the setup fees (if there are any) as this is a one-time fee to activate your account. The guarantee is also void if you used more than 2 GB bandwidth on your account. This is to protect EMPSERVERS.COM from people who move from web host to web host by using similar guarantees to gain access to 'free' resources. 30 days as well as 2 GB bandwidth should give each customer enough time to test our services and performance of our support and of our servers. The 30 day money back guarantee only applies to web hosting services. Domain Name Registration or web design services or any other services we might provide are not included and not covered under this guarantee.
NOTICE:
**If your account is found to contain illegal activity, Illegal MP3 Files, Pirated software, hacker programs, Warez programs, or any other illegal files, your account will be terminated immediately without notice and a $25.00 Cancellation fee will apply. ** Also the proper federal (and your local) authorities will be notified of your actions.
Late Fees:
If your payment is 7 days over due and has not been paid you will be charged $5 extra ontop of your bill. Example if your hosting is $5, and you do not pay your payment 8 days after its due you will be charged $10.
