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Empire Hostings Terms of Service
1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Empire Hostings, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Empire Hostings is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.
The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.
2.) Content
All services provided by Empire Hostings may only be used for lawful purposes. The laws of the State of Florida, the State of Texas, and the United States of America apply.
The customer agrees to indemnify and hold harmless Empire Hostings from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email
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with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery Sites
MUDs/RPGs/PBBGs
Hateful/Racist/Harassment oriented sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Empire Hostings services, including all related equipment, networks and network devices are provided only for authorized customer use. Empire Hostings systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of Empire Hostings system(s) constitutes consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. Empire Hostings may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
If in doubt regarding the acceptability of your site or service, please contact us at
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and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice. Authorities will also be contacted.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Empire Hostings reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Empire Hostings reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Empire Hostings.
4.) Payment Information
You agree to supply appropriate payment for the services received from Empire Hostings, in advance of the time period during which such services are provided. You agree that until and unless you notify Empire Hostings of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended. When an account's invoices are paid outside of the 10 day grace period, invoices will not be automatically generated. However, after the customer notifies Empire Hostings of his or intent to resume service, invoices will be manually generated and payment expected for the time the account was suspended.
As a client of Empire Hostings, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Empire Hostings of your desire to cancel any or all services received (by the proper means listed in the appropiate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Empire Hostings. Empire Hostings reserves the right to bill your credit card or billing information on file with us. Empire Hostings provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a $10 late fee and/or an account suspension until account balance has been paid in full. The $10 late fee is applied in addition to whatever else is owed to Empire Hostings for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at
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after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Empire Hostings cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please contact
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Empire Hostings reserves the right to change the monthly payment amount and any other charges at anytime.
5.) Resource Usage
Keep in mind that with Shared Hosting you are sharing resources with other sites. While our servers are very powerful it is important that we do not allow a single site to "hog" resources. Any site found to be using 1.00 or higher load for more than a 15 minute period will be contacted to see if we can help resolve why it's happening. If it is not corrected or our email goes unanswered for more than 48 hours the site in question will be subject to suspension.
In extreme cases if your site is threatening to effect server performance by using huge amounts of resources continuously your site will be suspended without warning and then we will attempt to contact you to resolve the situation.
6.) Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is provided to you as a courtesy. Empire Hostings is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Empire Hostings servers. Backups will not be provided for accounts that have been suspended or terminated for any reason unless otherwise agreed to in writing by Empire Hostings.
7.) Disclaimer
Empire Hostings shall not be responsible for any damages your business may suffer. Empire Hostings makes no warranties of any kind, expressed or implied for services we provide. Empire Hostings disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Empire Hostings and its employees.
8.) Disclosure to law enforcement
Empire Hostings may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.
9.) Changes to the TOS
Empire Hostings reserves the right to revise its policies at any time without notice.
10.) Refunds
During your initial month with us you may request a full refund if you are unhappy with our services. This request can be sent via our ticket system or directly to
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. The request must be sent within a time period 5 days prior to your next invoice due date.
11.) Free .info Domains
When accepting a free .info domain by any of our qualifying plans you agree to the following.
1. If you cancel your hosting within the first month you must pay for the domain at the full listed price.
2. If you attempt to request a refund on your hosting within the time alloted in section 10 then we will subtract the amount paid for the hosting from the price of the domain and either generate an invoice for the amount due or refund the credit depending on the hosting package you purchased.
3. The domain is free for 1 year. After that when the domain is set to renew you are responsible for payment of said domain to keep it active.
4. The free domain offer is good only one time per customer.
