EMWD, Inc. with Headquarters at Mount Airy, NC 27030 hereinafter “EMWD” agrees to provide services to the Subscriber, subject to the following Terms of Service
1. Term & Jurisdiction
EMWD’s Terms of Service (“ToS”) describe the proper kinds of conduct and prohibited uses of EMWD’s hosting services (the “Services”). This ToS is not exhaustive and EMWD reserves the right to modify this ToS at any time, effective upon posting of the modified ToS at www.emwd.com. By registering for and using the Services, and thereby accepting the terms and conditions of this ToS, you agree to abide by these conditions as modified from time to time. Any violation of the ToS may result in the immediate suspension or termination of your account or such other action as EMWD deems appropriate.
3. Prohibited Content
- IRC, bots or clients on shared servers
- Pornographic content
- Illegal content
- Copyright infringement, trademark infringement
- Warez, cracks, software serial numbers
- Content that is deemed by EMWD, in its sole discretion, to be harmful to EMWD.
- Material that exploits children under 18 years of age
- Scripts or systems that cause server performance issues.
- Collection of personal information for illegal purposes.
- Collection of personal information without users permission.
4. Abuse of EMWD’s personnel
EMWD operates its day to day communications with its clients, with courtesy, respect, and professionalism. EMWD expects the same type of communication to be returned to all employees, officers, and owner(s) of EMWD. EMWD will not tolerate any abusive, vulgar, inflammatory, profane, and insulting communications to its employees, officers, and owner(s) via email, telephone, fax, and postal mail. Such actions will result in the termination of the business relationship between client and EMWD. This termination will result in the closing down of client’s account within 30 days and the forfeiture of any prepaid funds.
6a. Prohibited Mailing Activities
- Unsolicited bulk or commercial messages (“spam”). This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political tracts. Such messages may only be sent to those who have explicitly requested it from your domain.
- Forging, altering or removing electronic mail headers is prohibited. Any domain sending stealth spam will be terminated without warning and without refund.
- Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”).
- Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, you must not send that person any further messages.
- Providing spamware (software used to send bulk email or software used to harvest email addresses) or links to sites providing spamware is strictly prohibited and subject to immediate removal or account cancellation.
- 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 EMWD 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 lists of email addresses from 3rd parties for mailing to or from any EMWD.-hosted domain, or referencing any EMWD account, is prohibited.
Note: If you use the services of another provider (including but not limited to the use of address lists obtained from a third party vendor or provider) to promote a web site hosted by or through EMWD (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
7. Running Outdated Scripts
Many of our clients utilizes 3rd party scripts such as WordPress, Drupal and many others on their hosting accounts. Due to the inherit security risks of running 3rd party scripts, it is essential that our clients run the latest version of such scripts. This applies to plugins, modules, components, add-ons, etc.of a particular script/application. Running outdated 3rd party scripts poses a security risk to our server and network enviroments. EVERY malicious file we have found on our server has been placed there by an outdated and insecure 3rd party script/application. Therefore it is against this AUP to run outdated 3rd party scripts on any of our servers and we reserve the right to suspend an account, remove the outdated script and any other actions that we deemed essential in maintaining the integrity of our server and network enviroments. We will also make an effort at notifying a client of any actions taken on and/or discovery of the use of an outdated script that is found on our servers.
EMWD reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by EMWD if EMWD institutes its right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
Subscribers may cancel service at any time using the appropriate links within their client area or by submitting a support ticket request from their client area. Accounts are cancelled upon confirmation with you by this ticket system. Cancellation of a service does not relieve Subscriber of responsibility for the payment of all accrued charges. Accounts can not be confirmed Cancelled until all due invoices have been settled. Non confirmation of the cancelation may result in charges continuing to be levied.
No refunds are given for any Service lasting longer than 30 days.
If the Service expires or is cancelled for any reason, EMWD is not liable to you because of the expiration or cancellation for compensation, reimbursement or damages on account of the loss of prospective profits, anticipated sales, goodwill or on account of expenditures, investments, leases or commitments in connection with your business, or for any other reason whatsoever flowing from the termination or expiration. If you terminate this Agreement, EMWD will not relieve you of any obligations to pay fees and costs accrued before the termination date or any other amounts you owe to EMWD under this Agreement.
CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD EMWD HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST EMWD, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLO YEES, THAT MAY ARISE OR RESULT FROM ANY SERVICE PROVIDED OR PERFORMED OR AGREED TO BE PERFORMED OR ANY PRODUCT SOLD BY CUSTOMER, IT’S AGENTS, EMPLOYEES OR ASSIGNS. CUSTOMER AGREES TO DEFEND, INDEMNIFY AND HOLD HARMLESS EMWD AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH EMWD’S SERVER; (2) ANY MATERIAL SUPPLIED BY CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY; ( 3) COPYRIGHT INFRINGEMENT AND (4) ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM EMWD’S SERVER.