E-Market Media provides Internet World Wide Web page hosting, Design, Marketing, and Development. E-Market Media has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services. E-Market Media's general policy is to act as a provider of Internet presence.
E-Market Media reserves the right to suspend or cancel a customer's access to any or all services provided by E-Market Media if we decide that the account has been inappropriately used.

Terms Of Conditions And Acceptable Use Policy

Server Abuse

Any attempt to undermine or cause harm to a server, or customer, of E-Market Media is strictly prohibited.

Unauthorized use of other people's accounts or computers - E-Market Media 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 computers by an E-Market Media customer, whether or not the attacked account or computer belongs to E-Market Media, 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.

IMPORTANT NOTE - E-Market Media has the right to discontinue service, or deny access to anyone who violates our Policies or the terms and conditions shown below WITHOUT WARNING OR PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.

Customers may not run IRC, bots, or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez, cracks, software serial numbers, and/or anything else determined by E-Market Media to be unacceptable use of E-Market Media's services including abuse of server resources.

Hosting accounts may be terminated that include the following content or which have links to the following content:

• Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity
• Promoting or providing instructional information about illegal activities, or promoting physical harm or injury against any group or individual
• Displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers)
• Displaying material that exploits children under 18 years of age
• Acts of copyright infringement including offering pirated computer programs or links to such programs, information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities

Abuse of Traffic

Many of E-Market Media's customers are privileged to be offered unlimited traffic for their web sites. The intention of E-Market Media is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPG, etc.) stored on E-Market Media's server. Web sites that are found to contain either no html documents, or a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of E-Market Media management. Any customer who violates E-Market Media's Policies in abusing either space/site transfer will be notified and given 2 days to remedy the problem. If the problem is not resolved within the allotted period, the client will be billed for the overages.

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

Sites with banners, graphics or cgi scripts running from their domain used on other domains. Sites with picture galleries (This is any site where 50% of the files transferred is graphics) Sites offering download files or archives. (This is any site where 50% or more of monthly traffic is from file downloads). Sites using more than 30% of system resources for longer than 60 seconds. Sites running multimedia files (QuickTime, Real Audio, Real Video, MP3).

For those that do not qualify for the unlimited service, traffic will go unmonitored until you reach 20 GB per month. Thereafter, normal data transfer cost of $20.00/1GB/month will be billed to your account. If you want to pre-pay for bandwidth overages, you will be billed $10.00/1GB/month.

You can receive a notice detailing your bandwidth usage upon written request.

E-Market Media will be the sole arbiter as to what constitutes a violation of this provision.

Unsolicited Email (Spam)

Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.

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

The following activities are not allowed:

• 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 or religious 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").
• Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list's charter for whether advertising is allowed or not. "Spamming," or sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such.
• 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.

Note: If you use the services of another provider to promote a web site hosted by or through E-Market Media (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.

99.9% Uptime Guarantee

(1.) Coverage
This 99.9% uptime guarantee applies to any E-Market Media client in good financial standing with E-Market Media at the time of a service outage.

(2.) Service Level Agreement & Specifications
E-Market Media endeavors to have the content of your web site available for http access by any party in the world 99.9% of the time. Network downtime (unavailability) is defined as 100% packet loss from E-Market Media to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via E-Market Media's online system at http://www.e-marketmedia.com/support. E-Market Media's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the E-Market Media network.

(3.) Credits
a. Monthly Hosting Plan - In the event that your web site is not available for more than 99.9%, E-Market Media will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month.

In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to hostmaster@e-marketmedia.com. For security, the body of this message must contain your domain name, the dates and times of the unavailability of your website, and such other customer identification requested by E-Market Media. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.

(4.) Restrictions
Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance from time to time at E-Market Media, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond E-Market Media's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in E-Market Media's "terms of conditions and acceptable use policy" causing a machine to fail as a result.

CGI Scripts

Each Web hosting account comes with its own cgi-bin. You are free to use any CGI scripts you wish, however we reserve the right to disable any CGI script that effects normal shared server operation without prior warning. (this section does not apply to managed dedicated servers)

Chat Rooms

We do not allow clients to install their own chat rooms within a Hosting Account without approval from E-Market Media. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.

Abuse of SMTP Mail Server

We do not allow clients to send more than 2000 pieces of e-mail per day from a Hosting Account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $75.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact hostmaster@e-marketmedia.com to have your domain moved.

Background Running Programs

We may allow programs to run continually in the background. These are considered on a one-to-one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. It is necessary that you contact E-Market Media at hostmaster@e-marketmedia.com for prior approval. (this section does not apply to managed dedicated servers)

IRC

We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.

Payment Policies

All accounts are set up on a pre-pay basis. Setup fees are charged for all new accounts and major account changes and are non-refundable. All pricing is guaranteed for the term of pre-payment. E-Market Media 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 E-Market Media at hostmaster@e-marketmedia.com to request termination of services. All payments are in U.S. currency. E-Market Media will bill each client $25 per returned check and/or per credit card chargeback received. All E-market Media accounts are setup on calendar billing cycles and will be pro-rated to the first of the next month after which time your particular billing cycle will remain in effect. 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. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at hostbilling@e-marketmedia.com should you wish to change your billing cycle.

Cancellation

E-Market Media reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by E-Market Media if E-Market Media institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)

All of E-Market Media's web hosting plans are backed by a 10-day money back guarantee. If you are not completely satisfied with our services or support within the first 10 days of your contract, you will be given a full refund of the contract amount excluding setup fees, domain registration fees, addon/upgrade fees and overages. Setup fees are refundable only if the account order is canceled prior to account activation.

All Web hosting clients who wish to cancel their Hosting Account must do so no less than 30 days prior to the expiration of their particular current billing cycle. Your particular billing cycle corresponds to the contract length that was initially chosen at setup. No cancellations will be accepted after the 29th day prior to your particular billing cycle end. Due to security concerns, all account cancellations must be done by email through hostmaster.e-marketmedia.com and confirmed by response from E-Market Media. Phone requests will not constitute acceptance of any cancellation. No Refunds will be made for any prior payments made toward an existing billing cycle.

Intellectual Property Rights

Material accessible to you through E-Market Media's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must NOT use E-Market Media or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the E-Market Media network. If you use a domain name in connection with E-Market Media or similar service, you must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.

Network Security

Customers may not use the E-Market Media network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for the customer, logging into a server or account the customer is not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization's security policy. Customers may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. E-Market Media will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.

Electronic Commerce

You will be solely responsible for the development, operation and maintenance of your online store and products and all contents and materials appearing online or on your products, including without limitation (a) the accuracy and appropriateness of content and materials appearing within the store or related to your products, (b) ensuring that the content and materials appearing within the store or related to your products do not violate or infringe upon the rights of any third party, and (c) ensuring that the content and materials appearing within the store or related to your products are not libelous or otherwise illegal. You will be solely responsible for the final calculation and application of shipping and sales tax. You will also be solely responsible for accepting, processing, and filling any customer orders, and for handling any customer inquiries or complaints arising therefrom.

You are also responsible for the security of any customer credit card numbers and related customer information you may access as a result of conducting electronic commerce transactions through your Web Site. You will keep all such information confidential and will use the same degree of care and security as you use with your confidential information.

Static / Dynamic Content Caching

You expressly (i) grant to E-Market Media a license to cache the entirety of your Web Site, including content supplied by third parties, hosted by E-Market Media under this Agreement and (ii) agree that such caching is not an infringement of any of your intellectual property rights or any third party's intellectual property rights.

IP Address Ownership

E-Market Media shall maintain and control ownership of all IP numbers and addresses that may be assigned to you by E-Market Media and E-Market Media reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.

Domain Name Registration

Any Customer may indivvidually register or transfer any available or personally owned .com, .net, .org, .biz, .info, and .ws domain names through our E-Market Media Web site by going to our Domain Registration page. In some cases E-Market Media will register this domain on behalf of the Customer in which case Customer agrees to pay E-Market Media prior to the effectiveness of the desired domain name registration, the then-current amounts set forth in the E-Market Media price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. E-Market Media reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed Customer's registration in an email from E-Market Media to the email address indicated in Customer's registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by E-Market Media) in connection with the payments of the registration fee for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to E-Market Media as the paying entity for that registration to the Registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. E-Market Media will reinstate Customer's domain name registration solely at E-Market Media's discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.

Lawful Purpose

E-Market Media reserves the right to refuse service to anyone. Customers may only use E-Market Media server for lawful purpose. Transmission of any material in violation of any Federal, State or Local regulation is prohibited. This includes, but is not limited to copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. The designation of any materials as such described above is left entirely to the discretion of E-Market Media management. Regardless of the place of signing this agreement, the client agrees that for purposes of venue this contract was entered into in McHenry County, Illinois, and any dispute will be litigated or arbitrated in McHenry County, Illinois. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in McHenry County courts.

IN NO EVENT SHALL E-MARKET MEDIA'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($250.00) DOLLARS.

Indemnification

CUSTOMER AGREES THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD E-MARKET MEDIA HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY'S FEES ASSERTED AGAINST E-MARKET MEDIA, ITS AGENTS, ITS CUSTOMERS, OFFICERS AND EMPLOYEES, 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 E-MARKET MEDIA AGAINST LIABILITIES ARISING OUT OF; (1) ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH E-MARKET MEDIA'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 E-MARKET MEDIA'S SERVER.

Disclaimer

E-MARKET MEDIA WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. E-MARKET MEDIA MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. E-MARKET MEDIA 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 E-MARKET MEDIA AND ITS EMPLOYEES. E-MARKET MEDIA RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME.

ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF E-MARKET MEDIA MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT DEACTIVATION.

Privacy Statement

E-Market Media follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully. Please click here to read the privacy statement.

©2001/2004 E-Market Media, All Rights Reserved