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 business 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.

9. Cancellation

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.

12. Indemnification

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.

2. Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of EMWD is strictly prohibited.

EMWD will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password robbery, security hole scanning etc.

Any unauthorized use of accounts or servers by an EMWD customer, whether or not the attacked account or computer belongs to EMWD, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.

Shared server accounts are limited in use of the amount of server resources. Shared server resource abuse includes any process or service usage that affects normal shared server operation, resources or connectivity, and which causes a server to become overloaded. Shared server resources include CPU and memory usage, number of concurrent processes, number of concurrent port or database connections and total bandwidth. Possible causes of server resource abuse include, but are not limited to, the use of: CGI, Perl, Sendmail, mySQL, PHP, ASP, HTTP, SMTP, POP3 and FTP. If server resource abuse is detected, possible actions include, but are not limited to: disabling of the offending script or scripts, disabling of the specific service, disabling of the entire account or account cancellation. If server overload is a result of server resource abuse, these actions will be taken without prior notice or warning.

5. Abuse of Traffic

To maintain the integrity of our shared hosting service the following limitations apply:

  • Sites with banners, graphics or cgi scripts running from their domain used on other domains.
  • Sites using more than 30% of system resources for longer than 60 seconds.

6b. Unsolicited Email (Spam) and Mailing Lists

Definition of SPAM All Unsolicited Bulk Email or “UBE”, email which is both unsolicited and bulk, is hereby defined in this AUP as spam. Unsolicited means the recipient did not give verifiable, deliberate, explicit, and revocable permission for the message to be sent. Bulk means the message was sent to multiple recipients with substantively identical content and, therefore, the recipient’s personal identity and context are irrelevant because the email is equally applicable to multiple recipients. Spam is an issue of consent, not content. No other definition of spam including, without limitation, Title 15 USC Chapter 103 Controlling the Assault of Non-Solicited Pornography and Marketing § 7702 et. al or “CAN-SPAM Act” applies to the definition of spam as used in this ToS.

EMWD takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers.

6c. Opt-In Mailing Lists

Mailing lists must be true opt-in which requires you to provide to the recipient either a confirmation email or a confirmation web page whereby the recipient must have replied with a confirmation email having a unique tracking number or must have clicked a hyperlink in the confirmation email having a unique tracking number maintained in your web server log file or must have clicked the hyperlink in the confirmation web page having a unique tracking number maintained in your web server log file thereby granting verifiable, deliberate, explicit, and revocable permission to be added to the specific opt-in email list at the specific site both of which must be hosted on the network of EMWD and under your administrative control. You are required to provide the confirmation email reply with unique tracking number or the web server log file line having the unique tracking number as evidence that the recipient did, indeed, opt-in to the email list. You are also required to provide at least one simple method to opt out of the email list which must be honored immediately.

8. Payment Policies

All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment. EMWD reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. The customer is responsible for all money owed on the account from the time it was established to the time that the customer notifies EMWD at billing@emwd.com to request for termination of services. All payment is in U.S. currency. EMWD will bill each client $25.00 per returned check, per wire transfer received and per credit card chargeback received. All EMWD accounts are setup on anniversary billing cycles. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. Your account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact the billing department at billing@emwd.com should you wish to change your anniversary billing cycle. All taxes, fees and governmental charges relating to the Services provided hereunder (other than income taxes of EMWD) shall be paid by Customer. EMWD accepts paper checks and money orders from customers for payment of web hosting services and fees associated with your account.

10. Backup Policy

EMWD performs backups on all of our shared hosting and mailman servers. We do not provide any backup servers for any cloud vps service unless arrangements has been made between Client and EMWD.

No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local, current copies of their web content and any information on their account including but not limited to client website, email, databases, mailing lists, and archives.

Hosting accounts that exceed 20 gigabytes of disk usage on a shared hosting service are not backed up. If your hosting service is in this category and you would like EMWD to backup your data, then please open up a support ticket to make arrangements to be moved to your own private virtual server.

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.

13. Disclaimer

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.

Privacy Policy

1. Introduction

We at EMWD, Inc. respect your right to privacy and comply with our obligations that satisfy United States regulations. The purpose of this Website Privacy Policy is to outline how we deal with any personal data you provide to us while visiting this website, systems and apps (*.emwd.com) . Naturally, if you are not happy with this Website Privacy Policy you should not use this website.

By visiting this website, you are accepting the terms of this Website Privacy Policy. Any external links to other websites are clearly identifiable as such, and we are not responsible for the content or the privacy policies of these other websites.

3. Purposes for which we hold your Information

We use the Non-Personal Data gathered from visitors to our website in an aggregate form to get a better understanding of where our visitors come from and to help us better design and organise our website.

We will process any Personal Data you provide to us for the following purposes:

  • to provide you with the goods or services you have ordered
  • to contact you if required in connection with your order or to respond to any communications you might send to us
  • to keep you informed of updates to our services

5. Sale of Business

We reserve the right to transfer information (including your Personal Data) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of our company provided that the third party agrees to adhere to the terms of the Website Privacy Policy and provided that the third party only uses your Personal Data for the purposes that you provided it to us. You will be notified in the event of any such transfer and you will be afforded an opportunity to opt-out.

7. Updating, Verifying and Deleting Personal Data

You may inform us of any changes in your Personal Data, and in accordance with our obligations to satisfy United States regulations we will update or delete your Personal Data accordingly. To find out what Personal Data we hold on you or to have your Personal Data updated, amended or removed from our database, please email us at support@emwd.com. Any such data subject requests may be subject to the prescribed fee.

2. Types of Information Collected

We retain two types of information:

a. Personal Data

This is data that identifies you or can be used to identify or contact you and may include your name, address, email address, telephone number and billing information.

b. Non-Personal Data

Like most websites, we gather statistical and other analytical information collected on an aggregate basis of all visitors to our website. This Non-Personal Data comprises information that cannot be used to identify or contact you, such as demographic information, browser types and other anonymous statistical data involving the use of our website.

4. Disclosure of Information to Third Parties

We may provide Non-Personal Data to third parties, where such information is combined with similar information of other users of our website. For example, we might inform third parties regarding the number of unique users who visit our website, the demographic breakdown of our community users of our website, or the activities that visitors to our website engage in while on our website. The third parties to whom we may provide this information may include commercial partners, sponsors, licensees, researchers and other similar parties.

We will not disclose your Personal Data to third parties unless you have consented to this disclosure or unless the third party is required to fulfil your order (in such circumstances, the third party is bound by similar data protection requirements). We will disclose your Personal Data if we believe in good faith that we are required to disclose it in order to comply with any applicable law, a summons, a search warrant, a court or regulatory order, or other statutory requirement.

6. Security

Your Personal Data is held on secure servers hosted by EMWD. The nature of the Internet is such that we cannot completely guarantee or warrant the security of any information you transmit to us via the Internet. No data transmission over the Internet can be guaranteed to be fully 100% secure. However, we will take all reasonable steps (including appropriate technical and organisational measures) to protect your Personal Data at all times.

8. Changes to the Website Privacy Policy

Any changes to this Website Privacy Policy will be posted on this website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any time we decide to use Personal Data in a manner significantly different from that stated in this Website Privacy Policy, or otherwise disclosed to you at the time it was collected, we will notify you by email, and you will have a choice as to whether or not we use your information in the new manner.