TERMS OF SERVICE

Terms of Service
You are responsible for abiding by the rules set forth in the paragraphs below. Any violation of the terms set forth below may result in immediate suspension and/or termination of all services currently being provided.

Spam
Unsolicited, commercial mass e-mailing (known as "spamming") is strictly prohibited. It is particularly harmful not only because of its negative impact on consumer attitudes toward us, but also because it can overload our equipment and disrupt service to our customers. Violator's accounts will be immediately terminated.

Copyright Violation
Violation of copyrights held by individuals and corporations or other entities can result in civil and criminal liability for the infringer and can involve the Provider in litigation and possible loss of reputation. Violator's accounts will be immediately terminated.

Indecent, Defamatory or Objectionable Material
Distribution and/or Transmission of Obscene or Indecent Speech or Materials as determined by our SOLE DISCRETION is strictly prohibited. Violation of indecency and obscenity laws can result in criminal penalties. Most pornographic content, hate speech and other objectionable material is prohibited. This includes sites that may infer sexual content or links to adult content elsewhere. Defamatory speech distributed over the Internet can result in civil liability for the defamer and litigation against the Provider whose facilities were used to distribute the defamatory material, and is strictly prohibited. We will be the sole arbiter in determining violations of this provision.

Illegal or Unauthorized Access to Other Computers or Networks
The illegal or unauthorized accessing (often known as "hacking" or "cracking") of computers or networks carries potential civil and criminal penalties under both federal laws and the laws of most states. Violators will be prosecuted to the fullest extent of the law.

Distribution of Internet Viruses, Worms, Trojan Horses and Other Destructive Activities
Distribution of Internet viruses, worms, Trojan horses and other destructive activities, such as hacking, can result in serious civil and or criminal liability under federal and state law. Violators will be prosecuted to the fullest extent of the law.

Export Control Violations
The law limits the ability of persons to export encryption software, over the Internet or otherwise, to points outside the United States. Violators will be prosecuted to the fullest extent of the law.

Catch-all
Other Activities, whether lawful or unlawful, that we determine in our sole discretion to be harmful to our customers, operations or reputation, including any activities that restrict or inhibit any other user from using and enjoying the service or the Internet may be used as grounds for termination of all services. In other words and in plain English, we may cancel your service at any time for any reason. Therefore, please act responsibly and respectfully.

The responsibility for avoiding the harmful activities that abound on the Internet rests primarily with the customer. We will not, as an ordinary practice, monitor the communications of our customers to ensure that they comply with our policy or applicable law. When we become aware of harmful communications, however, we may take any of a variety of actions. We may remove information that violates our policies, implement screening software designed to block offending transmissions or take any other action we in our sole discretion deem appropriate, including termination of a customer's contract with us.

Privacy Warning
In general, the Internet is neither more nor less secure than other common communications media, including mail, facsimile and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, we urge our customers to assume that all of their on-line communications are insecure.

We can not take any responsibility for the security of communications transmitted over our facilities. We will comply fully, however, with all applicable laws concerning the privacy of our customers' on-line communications. In particular, we will not intentionally monitor or disclose any private electronic mail messages sent or received by our customers unless required to do so by law. We may, however, monitor our service electronically to determine that our facilities are operating satisfactorily. Also, we may be required to disclose information transmitted through our facilities in order to comply with court orders, statutes, regulations or governmental requests. Finally, we may disclose information transmitted over our facilities where necessary to protect us and our customers from harm, or where such disclosure is necessary to the proper operation of the system.

Vendors of certain software applications may require us to provide your contact information during installation and licensing. By requesting installation of commercial software packages such as Miva Merchant, you grant us explicit permission to register the license on your behalf and provide your contact information to the 3rd party company.

General
We are not responsible for loss of customer content due to server or hardware failure. We do, however, regularly backup our systems, but cannot guarantee the content is up-to-date. It is the customer's responsibility to have a full backup of their site.

We expect that our customers who provide our web hosting services to others will comply fully with all applicable laws concerning the privacy of on-line communications. A customer's failure to comply with those laws will violate our policy. Finally, we wish to emphasize that in signing the Services Agreement, customers indemnify us for any violation of the customer of the Services Agreement, or of law or corporate policies, that results in loss to us or the bringing of any claim against us. This means that if we are sued because of activities of the customer that violate any law, the Services Agreement or this policy (which is part of the Services Agreement), the customer will pay any damages awarded against us, plus costs and reasonable attorneys' fees.

We reserve the right to permanently discontinue service at any time, without notice, should you be found in violation of our aforementioned terms and conditions. We will be the sole decision maker on any violation of our policies.

Complaints about violators of our policies should be referred to abuse@emediasales.com.

We reserve the right to alter or modify these Terms of Service by placing notice on this page. Continued use of our services in any manner implies consent to these Terms of Service and other applicable Policies and Procedures published on our web site