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Terms of Service/Acceptable Use
Terms of Service All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of Eminiss's Service constitutes acceptance and agreement to Eminiss's AUP (Acceptable Use Policy) as well as Eminiss's TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Eminiss, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Eminiss. All fee's referenced are US Dollars. 1. Acceptance of Contractual Agreement Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Eminiss, that you are agreeing to our TOS and AUP. No Modifications of said contract by customer is allowed. 2. Eminiss will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per TOS and AUP. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service. 3. In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Eminiss any additional fees as determined by Eminiss to be no less than $2.00 per any partial or full Gigabyte. 4. Payment: Establishment of this service is contingent upon receipt of payment from Customer to Eminiss. Subsequent payments are due 30 days after the first payment and will continue every 30 days until cancelled by either party. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account’s monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services. 5. Payments and Fees: Payment is due on the defined monthly or yearly recurring billing date of each month. Bandwidth overage will be charged at the rate of $2.00 per GB and will only be added in full Gigabytes. Credit cards that are declined for any reason are subject to a $10.00 declination fee. Service will be interrupted on accounts that reach 5 days past due. Service interrupted for nonpayment is subject to a $35.00 reconnect charge. Accounts not paid by due date are subject to a $7.95 late fee. Accounts that are not collectable by Eminiss will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a “Processing and Collection” Fee of not less than Fifty($50.00) nor more than One Hundred, Fifty($150.00) 6. Delinquent Accounts: Eminiss may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees. 7. Account Cancellation: All requests for canceling any service / services must be sent to Billing Dept 7 days notice but not more than 60 days prior written notice. Confirmation Receipt of cancellation will be sent within 24 hours of our normal cancellation department hours of 9AM to 9PM EST Monday - Friday 8. Refunds and Disputes: All payments to Eminiss are nonrefundable. This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as chargebacks, in Eminiss’s discretion which is valid, under the terms and conditions of our TOS and AUP, will result in service interruption, and reconnection fees to restore the desired service. 9. Eminiss will use its best efforts to maintain a full time Internet presence for our customers. The customer hereby acknowledges that the network may, at various time intervals, be down due, but not restricted to, utility interruption, equipment failure, natural disaster, acts of God, or human error. In no event shall Eminiss be liable to the customer for any damages resulting from or related to any failure or delay of Eminiss in providing access to the Internet under this Agreement. In no event shall Eminissbe liable to the customer for any indirect, special or consequential damages or lost profits arising out of or related to this Agreement or the performance or breach thereof. The aggregate, total liability of Eminiss under this Agreement, if any, shall in no event or circumstance exceed the total amount actually paid by the customer. The terms of this Section will survive any termination of this Agreement. 10. System backups. Backups of all customer data is solely the responsibility of the client. Eminiss does full nightly backups, these are to be used for system restore only, and are not tested for individual account backup. Any other questions on this policy should be directed to Info@eminiss.com. Terms of Use All Terms and Conditions of this TOS (Terms of Service) and AUP (Acceptable Use Policy) may be modified at our sole discretion without prior warning. Changes to this TOS does not constitute grounds for early contract termination or non-payment. Please check back regularly for any updates. Use of Eminiss's Service constitutes acceptance and agreement to Eminiss's AUP (Acceptable Use Policy) as well as Eminiss's TOS (Terms of Service). From herewith in this TOS, and AUP, the usage of “us”, “we”, “our”, “ours” shall constitute reference to Eminiss or other Eminiss related companies, the usage of “you”, “your”, “they”, “them” shall refer to client / customer of Eminiss. All users of Eminiss’s Internet services, and their clients, must comply with this AUP and our TOS (Terms of Service). IMPORTANT NOTICE: *All Payments To Eminiss Are Non-Refundable* We support the uncensored flow of information and ideas over the Internet and do not actively monitor subscriber activity under normal circumstances. Similarly, we do not exercise editorial control over the content of any web site, e-mail transmission, newsgroups, or other material created or accessible over or through the services, except for certain proprietary Web sites. However, in accordance with our TOS (Terms of Service), we may remove any materials that, in our sole discretion, may be illegal, may subject us to liability, or which may violate this AUP. Eminiss may cooperate with legal authorities and/or third parties in the investigation of any suspected or alleged crime or civil wrongdoing. Your violation of this AUP may result in the suspension or immediate termination of either your Eminiss account or other actions as detailed below without notice, based upon the nature of the violation. This document is intended to provide a basic understanding of Eminiss's Acceptable Use Policy. The following are guidelines for the establishment and enforcement of Eminiss's AUP. If a Eminiss account violates this Acceptable Use Policy or our TOS, we reserve the right to terminate your service without notice. We prefer to advise customers of inappropriate behavior and any necessary corrective action, however based on the nature of the violation, could result in immediate termination of service. The following constitute violations of this AUP: · Illegal Activities: Eminiss.com's services may not be used for illegal purposes, or in support of illegal activities, or other content that Eminiss deems inappropriate. Eminiss reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. · Harm or Endangerment to other people: You may not use Eminiss’s service to harm, or attempt to harm others in any way, including, but not limited to child pornography, or use Eminiss’s service to transmit any material (by e-mail, uploading, posting or otherwise) that threatens or encourages bodily harm or destruction of property. · Forgery or impersonation: Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person by using forged headers or other identifying information is prohibited. The use of anonymous remailers or nicknames does not constitute impersonation. · Adult hosting is not permitted on any hosting packages provided by Eminiss. . Shell access is not permitted on our servers. Any script or application that is used to attempt to bypass this restriction is considered a violation of or AUP and will be grounds for immediate termination of your account. . Resource Usage is monitored as a part of our regular activities. Any website the we determine is using inappropriate amounts of resources will be suspended. We will contact the owner to allow the attempt to correct the problem. If the problem cannot be correct we can terminate your account. · Unsolicited E-mail, News Bombing (SPAM) Use of the Eminiss service to transmit any unsolicited commercial or unsolicited bulk e-mail is expressly prohibited. Violations of this type will result in the immediate termination of the offending Eminiss account. Anyone hosting websites or services on their server that support spammers or cause any of our IP space to be listed in any of the various Spam Databases will have their server immediately removed from our network, and will be charged a fee of $200.00. The server will not be reconnected until such time that you agree to remove any and all traces of the offending material immediately upon reconnection and agree to allow us access to the server to confirm that all material has been completely removed. Severe violations may result in immediate and permanent removal of the server from our network without notice to the customer. Any server guilty of a second violation will be immediately and permanently removed from our network without notice. Malicious intent to impede another person's use of electronic mail services or news will result in the immediate termination of the offending Eminiss account. · Copyright or trademark infringement: Use of the Eminiss service to transmit any material (by e-mail, uploading, posting or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. Use of the Eminiss service to collect, or attempt to collect, personal information about third parties without their knowledge or consent. Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. · Network disruptions : Use of the Eminiss service for any activity which affects the ability of other people or systems to use Eminiss Services or the Internet. This includes "denial of service" (DOS) attacks against another network host or individual user. Interference with or disruption of other network users, services or equipment is prohibited. Eminiss will not tolerate any subscriber attempting to access the accounts of others, or penetrate security measures of other systems, whether or not the intrusion results in corruption or loss of data. Eminiss, does not allow the hosting of IRC, IRC Bots, or eggdrops on our network. Servers found hosting this material will be subject to immediate cancellation without refund. Use of the Eminiss service to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of Eminiss's or another entity's computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data, is expressly prohibited and the offending Eminiss account is subject to immediate termination. · Security: You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. · Network Security: Eminiss accounts operate on shared network resources. Excessive use or abuse of these resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account. REPORTING VIOLATIONS OF Eminiss AUP Eminiss requests that anyone who believes that there is a violation of this AUP direct the information to the Abuse Department at Abuse@Eminiss.com if possible, please provide the IP address used to commit the violation, date and time of the violation, and evidence of the violation. Any other questions on this policy should be directed to Info@eminiss.com. Accept the TOS/AUP

Privacy Policy
Eminiss.com respects each and every one of our customers' right to Privacy. We do not sell, trade, or rent any personal information given to Eminiss Services. We have built our reputation on service and taking care of our customers beyond their expectations, and we will continue to provide these levels of service now and for the years to come. If you place an online order, our order form requests contact, billing, and address information. Contact information from the order form is used to send orders and information about our company to you. We use customer contact information from the registration form to send the user information about our company and promotional material on new products. Your contact information is also used to get in touch with you should we have questions regarding your order or should we need to notify you of the status of your order. Users may opt-out of receiving future mailings; just send an e-mail to info@eminiss.com. Any financial information we collect is used only to bill you for products you purchase. We reserve the right to change this Privacy Policy at any time. Your continued use of the site means that you agree with the terms of the then-current Privacy Policy. Accept the Privacy Policy

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