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.
- Ineffective Bounce Policy. Mailman comes with a bounce processor. Its sole purpose is to remove invalid email addresses from a list. Using your list to send your lists posts to a large amount of invalid email addresses will have an adverse impact on our sending IP address reputation. Therefore, we require all mailman lists to use a bounce policy that will keep their membership roster current. EMWD reserves the right to adjust a list’s bounce policy so that it is effective at removing invalid email addresses. Anyone found using an ineffective bounce policy will be warned once. A repeat offense will result in immediate account suspension.
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 environments. 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 environments. 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.
8b. In-store Credit Balances
In the event that your client area account contains an in-store credit balance, you may apply any available credit balance to any future EMWD offered service. In the event that your client area account contains an in-store credit balance, you hereby authorize EMWD to apply any available credit balance to any outstanding administrative fees, chargebacks or other fees related to your service/account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, EMWD may utilize any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, EMWD is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). If you have more than one in-store credit, then the credits will be processed according to the age of the credit, with the oldest in-store credit being applied first. If additional funds are required to complete the purchase or renewal, credits held in a non-selected currency will be converted using EMWD’s daily exchange rate based on the age of the credit (oldest to newest) until (i) enough funds are allocated to complete the transaction, or (ii) there is no available balance left in your account. You understand and agree that at the time of conversion, EMWD may also impose an additional administrative fee to compensate for the risks and costs associated with providing currency conversion services.
You can verify your available in-store credit balance at any time by logging into your client area account. You acknowledge that in-store credit balances are non-transferable, may only be used in the client area account in which they were acquired and may expire. Complimentary in-store credits will expire two years after issuance. In the event that EMWD terminates your service/account or your client area account becomes inactive, you acknowledge and agree that any remaining available in-store credit balance will be forfeited.
You also acknowledge that funds available in your in-store credit balance will be held by EMWD and will not accrue or pay interest for your behalf. To the extent any interest may accrue, you understand and agree that EMWD shall be entitled to receive and keep any such amounts to cover costs associated with supporting the in-store credit balance functionality.
11. Password Policy
It is against EMWD policy to use easy to guess passwords on any of of our services, including but not limited to: email, mailing list, mysql, cpanel, ftp, ssh, and password protection on directories. All passwords must utilize a random string of upper/lower case letters, numbers, and symbols and the password should be a minimum of 7 characters in length. No password should ever contain a dictionary word, date, or name.
If a service is compromised due to a client’s password being cracked, then that particular service will be either suspended or removed entirely. EMWD reserves the right to terminate the client’s account if a history of such security compromises related to the use of weak passwords are discovered.
EMWD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. EMWD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. EMWD DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY EMWD AND ITS EMPLOYEES. EMWD RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.