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Terms of Service

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Terms of Service of EMPEROR SERVER (EmperorServer.com)

 

NOTE: This terms of service also includes the privacy policy, listed at: http://www.emperorserver.com/privacy.php. By agreeing to this terms of service, you are also agreeing to the privacy policy.

This contract is between you (the customer) and us (the supplier, EMPEROR SERVER). If you have signed up for any of our services, you must agree to this terms of service. You will have agreed during signup, by marking the "I agree" box which refers to this page.

The terms "Us", "We", "Our" all refer the the supplier (EMPEROR SERVER). The term "You" refers to the customer who has entered into the contract.

PLEASE READ THIS AGREEMENT VERY CAREFULLY.

Account Setup

We will setup your account instantly after you have paid via paypal and as soon as your make payment via bank transfer. (You may sometimes get your account as soon as you order, if you have opted for a service which comes with a free trial period). It is your responsibility that you supply a working email address. We will not be held liable for problems due to 'lost email'. It is your responsibility to create email accounts, not on EMPEROR SERVER, so you can be contacted when there are service interruptions. All emails sent to you via our client system (the important ones, ie. updates, account informations etc) are archived, and you can access them at http://billing.emperorserver.com

Abuse & Prohibited Use

EMPEROR SERVER reserves the right to choose what constitutes as abuse. We have listed what constitutes as abuse below, anything that has not been mentioned is left at the descretion of EMPEROR SERVER.

Abuse can include, but is not limited to the following offenses:

Terms 1A, 1B, 1C, 1D and 1E apply to all EMPEROR SERVER services.

1A) Any attempts to compromise our network or any associated networks, with or without malicious intent is strictly forbidden. This includes any sort of vunerability scanning. This may result in immediate suspension or termination of services without refund.

1B) (Distributed) Denial of Service or 'DDOS' attacks against are network or any associated networks are strictly forbidden. Launching a DDOS attack from our network is also forbidden. Any account found doing this may be immediately suspended or terminated without refund.

1C) Sending email spam from our network is also forbidden. It degrades performance, and can lead to legal troubles. Any email sent from our network must comply with the CAN-SPAM act found here (http://www.ftc.gov/bcp/edu/pubs/business/ecommerce/bus61.shtm). Any account found to be spamming may be suspended or terminated immediately without refund.

1D) We do not allow the hosting of software or information that can lead to illegal/malicious or terrorist activity. This includes hacking guides, spamming guides, "how to make a bomb" guides etc. Any account breaking this rule may be immediated suspended/terminated.

1E) We do not allow child porn, or any sexual depiction of a human under the age of 18. No sharing, no hosting, no storing. It is beyond illegal, and will result in account suspension and/or termination in most cases. And by law, we must report any instances to the relevant authorities.

Terms 2A apply to Shared Web Hosting and Reseller Hosting

2A) The following content is prohibited on the specified services. If this content is found, we reserve the right to delete/edit the data, or suspend/terminate the account.

Unacceptable content, Including but not limited to:

  • Any type of IRC application, including IRC servers or IRC bots.

  • Web Proxies (Both PHP and CGI based are banned)

  • Pirated Software or 'Warez'

  • Brute Force/Hacking programs

  • Mail bombers/Spamming software

  • File Hosting / Mirror sites / File dumps. (Sites such as RapidShare, MegaUpload etc.)

  • Rapidleech script or similar types of script

  • Hosting excessive video or audio or archive files (The figure is at EMPEROR SERVER discretion)

  • Hosting excessive amounts of non-web based content. This means files which are not directly related to websites. Things like program files, or ISO images etc.

  • Audio/Video streaming

  • Extreme racist/hate websites

  • Hacker/Hacking skills websites

  • Linking to warez or torrents

  • Any type of P2P software (Peer to Peer or Bittorrent)

  • Forums used to discuss warez/illegal activities

  • Scam/Fraud websites

  • CPU intensive scripts (This is left at EMPEROR SERVER discretion)

  • Child Porn (under 18)

 

Terms 3A apply to Virtual Private Servers (VPS)

3A) Everything you do with our services must be legal within the USA laws.

  1. THE FOLLOWING ARE NOT ALLOWED:
  • Fraud websites
  • Phishing websites
  • Spamming
  • Gambling Websites
  • Nulled Scripts
  • IRC
  • Warez Hosting or storage (even if it is for private use, it is not allowed.)
  • Warez Linking
  • Child Porn (under 18)
  • Racist websites
  • Torrentflux, uTorrent, rTorrent, wTorrent, kTorrent, bittornado, or any form of P2P/torrents are not allowed on our VPS services.
  • VERY CPU intensive scripts (This is left at EMPEROR SERVER discretion)
The following content is allowed:
  • We allow game servers on our VPS services.
  • File/media hosting/streaming:
  • File hosting and streaming is allowed, but you are not allowed to stream or host files which are copyrighted (unless you have the copyright holders permission).
  • Legal adult sites

Please note that any violation(s) could lead to a simple warning, temporary suspension of service, and or termination of clients account(s) without warning and without refund. We reserve the right to suspend, terminate any account, or delete or modify any data at any time.

Payment Information
You agree to pay EMPEROR SERVER the specified price for the service, for as long as you want the service.

It is your responsibility to keep invoices up to date, and pay them on time. We will always notify you of a new invoice in advanced to when it is due. It must be paid in time to prevent a late fee, or suspension/termination.

You will not be charged for services after your billing period. For example, if you pay for 1 month, but do not cancel, your account will be suspended, then eventually terminated, you will not be forced to pay for any recurring months. We know how much of a pain this kind of billing can be. EMPEROR SERVER will not be forced to supply a service after the billing period has ended, and the new invoice has not been paid.

EMPEROR SERVER reserves the right to change the monthly payment amount and any other charges at anytime, unless directly and clearly stated otherwise. e.g If we advertise a plan as being "Price-Locked" and promise the price will never go up or down, we will not raise the price.

Cancellations
Customer is free to cancel their account at any time by emailing billing@emperorserver.com with their account information and a cancellation request (or cancelling via the control panel). Similarly, EMPEROR SERVER reserves the right to cancel any account at any time, for any reason, including, but not limited to, a breach of this Agreement or the privacy policy.

If your account is terminated with suitable reason (ie. a breach of this policy), you will not be liable for a refund or a free backup (or any backup at all). If we cannot provide a logical/legal reason as to why your service is terminated, you will receive a full pro-rated refund (or full refund of that month, left at EMPEROR SERVER descretion) and a backup if available.

Suspension and Termination and Modification of files.
When you upload or put anything onto/into an EMPEROR SERVER service or server, you are giving full proprietary rights of your software/content to EMPEROR SERVER, to store and make your files available to the Internet (That's what hosting is). You are also permitting us to make copies of your files. (eg. So we can back up, or transfer your files between servers). You also allow us to modify/delete your files at any time, it is your responsibility to keep backups of your content. This is also to prevent claims that we have stolen copyrighted data if we store it, or withhold it (ie. if an account has been suspended).

Suspension: Your website will be taken offline, the account, and all accounts under will become inaccessible. Files will still exist on the server, unless they have been deleted manually.

Termination: Your account has been deleted, all files and databases will be deleted if an account is terminated.

Modification/Deletion of files: We reserve the right to access your account, and delete or modify files. This may sound dodgy/dishonest, but it is sometimes easier for us to delete problem files (without having to terminate/suspend the account), than to deal with raging customers complaining about suspended/terminated accounts.

EMPEROR SERVER reserves the right to suspend or terminate any account on our servers at any time, with our without reason.

Money Back Guarantee
All EMPEROR SERVER services come with a 15 days full moneyback guarantee unless stated otherwise. This means that you can request a refund at any time, for any service, without any reason, for the first 15 days of the service.

You will get no refund if you violate the terms of service or privacy policy.

Bandwidth Usage
Most plans here come with a set amount of bandwidth. You may use your bandwidth right till the limit with no problems. If you go over the usage cap, we reserve the right to suspend your account, without refund. You may be asked to pay an overage fee to pay for any overages or bandwidth you may have used, or to increase the bandwidth quota.

Content/Files,Back Up & Data Loss
EMPEROR SERVER will not be held liable for data loss if any kind. EMPEROR SERVER may not take account backups, it is left to the customer to make sure all their files and databases are backed up. EMPEROR SERVER will not be held liable if any sensitive data is stolen from a server.

Any content you upload/put onto EMPEROR SERVER becomes property of EMPEROR SERVER. We reserve the right to make copies of your data, whether it be for transfer, or backups. (Note: This clause may sound a bit dodgy, but we need to to prevent people from claiming we are illegally hosting their content, or making copies of it)

EMPEROR SERVER will not be held liable or responsible for any content hosted on our servers. We are a service provider, therefore are legally exempt from prosecution due to what our users do on our servers. We will comply with law enforcement agencies if there is a legal problem. Contact support@emperorserver.com if there are any problems.

Reseller Responsibility
Resellers are responsible for providing support to their clients. We do not provide support. Resellers (or anyone selling services on our network) MUST inforce our own rules to their clients. This does not mean you can copy/paste our entire TOS. As a business, you should have your own, specific to your own company. You may take small extracts from our TOS if necassary. You need to get the general points/rules across.

But the bottom line is, whatever you offer or sell using our services must comply with our TOS. Anyone found advertising services from our network, which do not comply with our TOS may have their entires account suspended/terminated. Including sub accounts. (Normally we will clarify things with you first, unless the damage/violations are severe)

Shared (non-reseller accounts)
You may not resell space on a shared account. There is nothing wrong with you hosting other sites, or sharing your account with other friends on a small scale. But re-selling shared space, on a mass/corporate scale is not allowed. This scale is left at EMPEROR SERVER's descretion. Any account found to be violating this may result is suspension/termination.

Uptime Guarantee and SLA
We offer a 99% uptime guarantee with all our services, and provide a SLA to go with it. Below are the refund rates, and what counts as a downtime. You will not be refunded automatic, you must contact support with your claim.

More than or equal to 99% uptime in one month - No refund

Between 97% and 99% uptime in one month - 15% refund (This includes 97% uptime exactly)

Between 90% and 97% uptime in one month – 50% refund (This includes 90% uptime exactly)

Lower than 90% uptime in one month – 100% refund (Does not include 90% uptime exactly)

Valid downtimes include:

httpd / Apache failing, websites become inaccessible

Named / DNS failing (on the server), websites become inaccessible

Constant 'Connetion Timed Out' errors, pages not loading. (Chosen at EMPEROR SERVER discretion – It could be your home connection/ISP problem)

Some Software-related problems with the server. including (as previously stated: apache/httpd), virtualization software going down.

Our SLA does not cover downtimes caused by:

A) Scheduled maintenance, hardware/software.

B) Random Hardware Failure (faulty hardware is rare, but it cannot be prediced nor avoided)

C) DNS/Connection problems beyond the EMPEROR SERVER network. This means any problems with upstream providers, any problems with your home network/router, or any problems which may occur on the way. We will ofcourse try to solve any problems you have with our service.

Right To Refusal of service
EMPEROR SERVER reserves the right to refuse service to anyone. This is entirely at EMPEROR SERVER discretion.

Indemnification and Liability
EMPEROR SERVER will not be held liable for any injury/damage/death asscociated with any of its services or employees. We will not be held liable for any court fees/claims/liabilities which may arise from our services/network, or anyone who is using them.

Disclosure To Law Enforcement
EMPEROR SERVER may disclose your information to law enforcement agencies, or for any other legal reasons. Including law suits, claims etc.

Disclaimer
EMPEROR SERVER will not be held responsible for any damages you or your company may suffer, as a result of using our services. You use this service at your own risk, and we will only pay a refund according to our SLA.

Changes To The TOS
We reserve the right to change the terms of service at any time. We do not have to give notice or any sort of notification (although we usually will for major changes).

(Update on 28/07/2010)