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This policy represents the EmeryHost Terms of Service ("TOS") in its entirety and supercedes any other written or oral policy. This policy defines the terms of service all customers agree to when they sign-up for hosting services with EmeryHost. EmeryHost reserves the exclusive right to revise, change or amend any portion of this Policy at any time, without advance notification to customers.

Customers and clients can view the most current version of this policy at http://www.emeryhost.com/tos.html

Customers using any services offered by EmeryHost consent to be bound by and must comply with all policies in this TOS. At the sole discretion of EmeryHost. any violators of this TOS may have their services cancelled without refund and/or, if deemed appropriate, be legally prosecuted.

General Provisions
In consideration for EmeryHost maintaining one or more accounts (each "Account"), you agree to the following terms of service.

Definitions

* "We" "Us" or "Provider" EmeryHost.
* EmeryHost - An Hosting Business
* "You" "Your" "Client" "Customer" or "Member."
Each person or entity who applies for internet service or is a designate of any one who applies for internet service.

Disclaimer of Warranty

The Internet is a complex network of equipment, services and providers of information, thus the Service may not be available to you at all times. However, EmeryHost offers a 99.9% uptime guarantee. This is valid for only the connection. EmeryHost will pursue all resources and channels available to maintain maximum uptime, however, EmeryHost is not responsible for any down time caused by client's error.

EmeryHost MAKES NO EXPRESS OR IMPLIED WARRANTIES (INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTIBILITY OR FITNESS FOR A PARTICULAR USE) WITH RESPECT TO THE SERVICES IT PROVIDES. Neither EmeryHost nor any one else involved in the provision of Service is liable to you or any third-party for direct or indirect damages resulting from the use, non-use of services provided herein, whether or not such damages resulted from the negligence of EmeryHost, even if EmeryHost has been advised to the possibility of such damages.

EmeryHost will provide Internet server rental ("the Service") to its members for the express purpose of allowing customers to provide http Internet content to the general public. The Service allows EmeryHost members to maintain Internet websites, receive and maintain e-mail accounts and access web space via FTP to upload files for their websites. EmeryHost members will use the provided services in a manner consistent with any and all applicable laws of the Province of Ontario and the Canadian Federal Law. EmeryHost provides the Services exclusively and makes no effort to edit, control, monitor or restrict the content of data other than as necessary to provide such Services. EmeryHost reserves the right to refuse customers from utilization of its services, without notification. If any of the below activities are committed, EmeryHost can terminate client's account without notification.

1. Client Content: Client agrees that webpages and files uploaded to servers will not violate any province, federal or foreign laws or regulations; infringe on any intellectual property rights of EmeryHost or any third party; be defamatory, slanderous or trade libelous; be threatening or harassing; be discriminatory based on gender, race, age; promote hate; or contain viruses or other computer programming defects which result in damage to EmeryHost or any third party. Customers may not run IRC, bots or clients. Unacceptable uses also include: Bulk unsolicited emailing, unsolicited emailings, newsgroup spamming, child porn or links to such sites, cgi/php proxy scripts, copyrighted MP3, storing personal backups and/or cPanel backup files, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers. EmeryHost will be the sole and final arbiter as to what constitutes a violation of this policy. EmeryHost does not normally monitor the contents of clients servers, however if suspicion occurs, EmeryHost reserves the right to investigate and terminate the clients subscription to the service.

2. Bandwidth Usage: EmeryHost offers a generous amount of data transfer per month. Bandwidth is calculated on a recurring 30 days. Sites that use over the given limit in 30 days will automatically be suspended. There is a daily transfer cap of total bandwidth divided by the number of days in the current month. If you exceed your bandwidth limit for any given month, your account will be suspended until you upgrade, warning e-mail's are sent out before your account reaches the maximum.

3. Excessive Resource User Policy: Resources are defined as bandwidth, memory and/or processor utilization. A website is considered using "Excessive amounts of resources" when it monopolies the resources available using 10% or more of system resources for longer than 60 seconds. There are numerous problems that could cause such problems, this includes but not limited to: cgi scripts, FTP, HTTP, etc. A site that consumes over the account limit of bandwidth is also considered "excessive resources". This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers. The client whom is using "excessive resources" will be asked to upgrade his/her package to one of our semi-dedicated or dedicated server packages. EmeryHost will be the sole and final arbiter as to what constitutes a violation of this policy. EmeryHost does not suspend accounts utilizing their given space or bandwidth allotments. Suspensions will only occur if client violates above restrictions.

4. No "Spam": UCE/UBE or "Spam" originating from a server located on our network or associated with a EmeryHost server is not tolerated. This includes any e-mail that promotes web sites hosted on a server located on the EmeryHost network but is sent from an e-mail address not associated with that EmeryHost account. Client shall not use their EmeryHost services for chain letters, junk mail, bulk-email, or any use of distribution lists to any person who has not given specific permission to be included in such a process. EmeryHost reserves the right to deactivate or terminate any account(s) upon any indication of such activity without notice. There will be a $200 clean up fee if an account was suspended for policy violation.

5. False Information: Client agrees not to post false or inaccurate information to news groups in violation of the news groups. rules and regulations. If any news groups or service provider contact EmeryHost concerning unethical, false or unlawful activities by you, EmeryHost reserve the right to terminate your service without notice.

6. Licensed Software Only: Client agrees to use only properly licensed third party software in connection with Client's use of the Services.

7. Back-Up Files: EmeryHost provides the tools needed to create back ups of account data. It is the responsibility of the customer to keep up-to-date archives of their backed up data. EmeryHost currently does not utilize any back-up services and is not responsible for any lost data.

Payment, Renewal, Cancellations

1. Payment Obligations: Full payment is required in advance before hosting service is established. EmeryHost sends out invoices that are due every pay period. You are given fifteen (15) days to fully pay the invoice. You warrant and represent that the information you supply in the Order Form (or other information that EmeryHost may require) is accurate and truthful. All payment-due notices will be sent by e-mail. No bills or invoices will be sent by postal mail or fax. If payment was not received by the due-date, your account will be suspended and possibly sent to collections. To have your account re-established, you will need to pay the monthly fees, plus any late fee's. There is a $35 fee for bounced cheques and a $45 processing fee for chargebacks. All fees mentioned are in Canadian (cad) funds.

2. Renewals: Your account will be automatically renewed under the same time and fee structure unless you give written notice to EmeryHost thirty (30) days before the renewal date that you do not wish to renew or make changes to such account.

3. Cancellation & Refunds: Should you become unsatisfied with our services within the first 30 days of your account activation, EmeryHost will refund your hosting fee subject to the money back guarantee terms listed in this agreement. Refunds are not available for shared/reseller pre-paid accounts and after the 30 days of account activation. You may however cancel your account at any time. You will need to contact customer serivce 30 days before your renewal date and verify information before cancellation takes place. You will be charged in full for the entire month in which you canceled your account. Accounts which have negative balances will be sent to collections and all services will be terminated, including domain registrations. Customers wishing to switch their FREE domain to another registrar is subject to a $20 domain release fee. Refunds are never available for domain registrations, control panel licenses (cPanel, Plesk, etc) setup fees or dedicated servers.

99.9% Service Level Agreement "SLA"

EmeryHost offers its clients a 99.9% network uptime guarantee for customer satisfaction purposes and also to ensure that your business is running problem free. EmeryHost will try to maintain maximum uptime. EmeryHost is not responsible for any downtime caused by the client.

Third Party Script Assistance

EmeryHost retains the right not to assist clients with third party applications. This includes any script uploaded by the client, installed using cPanel, it's scripts library or any installer within. Any assistance, support, or troubleshooting provided by EmeryHost for ANY third party script or application will be subject to a $15 service fee.


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