Terms Of Service

Last Modified: August 26, 2016

Embark Hosting, and the parent company provides web hosting services to customers around the world. The following terms of service are designed to provide the highest level of service available.

Content

All services provided by Embark Hosting. are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State or Local law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, material that jeopardizes national security, or material protected by trade secret or other laws. The subscriber agrees to indemnify and hold harmless Embark Hosting., from any claims resulting from the subscriber’s use of Embark’s services which damages the subscriber or any other party.

Examples of prohibited content or links include (but are not limited to):

  • IRC Software
  • Pirated software
  • Hacking sites, programs or archives
  • Warez Sites
  • Distribution of music files or any other material in which the account holder does not own the copyright.

Embark Hosting will be the sole arbiter as to what constitutes a violation of this provision. Content that does not meet these standards will be removed without prior notice to the subscriber.

Housing of any of the following files is considered a violation of the terms of service:

IRC – We currently do not allow IRC, Egg Drops, BNC, or IRC bots to be operated on our servers or network. Files with references to IRC or any likeness thereof are prohibited.

Proxies – We do not allow proxy servers of any kind, whether for personal or business use. Files with references to any proxy or likeness thereof are prohibited.

PortScanning – We do not allow any kind of port scanning to be done on or from our servers or network.

Commercial Advertising – Email – Spamming, i.e. the sending of unsolicited email, from any Embark server or any server located on the Embark network is STRICTLY prohibited. Embark will be the sole arbiter as to what constitutes a violation of this provision. This also includes Opt-in Opt-out mail programs and mail that either directly or indirectly references a domain contained within an account at Embark. Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Embark customers must be Closed-loop (“Confirmed Opt-in”). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing, selling, or utilizing lists of email addresses from 3rd parties for mailing to or from any Embark Hosting.-hosted domain, or referencing any Embark account, is prohibited. Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email, initiation of pinging, flooding, mail-bombing, text-bombing, unsolicited bulk text messaging or denial of service attacks is prohibited. Email address cultivating, or any unauthorized collecting of email addresses without prior notification of the email address owner is strictly prohibited. Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org is prohibited. All commercial email marketing companies must adhere to the Controlling the Assault of Non-Solicited Pornography And Marketing (CAN-SPAM) Act of 2003. In addition such companies are prohibited the sending of bulk mail from “disposable domain names” with whois privacy protection.

Advertising & Promotions Limitations

In the following scenarios Embark clients are prohibited from advertising, promoting or making claims related to services which are managed by Embark Hosting. This limitation includes what is allowed to be stated on your website, to customers, in promotions and in advertising materials. This limitation applies to claims by the client which relate to services hosted by Embark.

Claims related to DDOS Mitigation or any related service including, but not limited to, proxy protection, denial of service protection, denial of service mitigation or ddos or dos services. Any illegal or unlawful activity Any services intended to defraud, scam, defame, coerce or entice others into an unlawful activities. Server Abuse Any attempts to undermine or cause harm to a Embark server or subscriber of Embark is strictly prohibited including, but not limited to:

Logging into a server or account that you are not authorized to access Accessing data or taking any action to obtain services not intended for you or your use Attempting to probe, scan or test the vulnerability of any system, subsystem or network Tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures without proper authorization Transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing a computer’s functionality or the operation of the System Interfering with, intercepting or expropriating any system, data or information Interfering with service to any user, host or network including, without limitation, by means of overloading, “flooding,” “mailbombing,” or “crashing” any computer system You will be held responsible for all actions performed by your account whether it be done by you or by others.

Password Security and Account Authorization

Embark provides customers flexibility over their own passwords, account access and authorization procedures. Customers are responsible for selecting the appropriate authentication procedures and selecting the proper information which will be used to authenticate the account. It is the responsibility of the customer to protect the information used to authenticate their account. Account access, password security and server security are the responsibility of the customer. Embark Hosting will not be liable for any damages, direct or indirect, that result from unauthorized account access, password compromise or hacking.

Technical Support

Embark Support includes access to technical support provided via phone, chat or email. Embark has

https://embark.hosting/support/

Embark’s technical support is strictly limited to the direct customer of Embark. Embark does not provide or guarantee support for 3rd party technologies and any custom scripts, codes or software you install on our services. We will provide, when possible, our best effort in providing help with these technologies to help support our customers. This support is not guaranteed and may vary dramatically. No warranties or guarantees are provided on this support.

CDN (Content Delivery Network) Usage information

We use a third-party CDN, Cloudflare Inc. to accelerate delivery of as well as images/videos/etc on that website – you are responsible for all bandwidth costs associated with delivery of your content over the public internet. This responsibility includes bandwidth costs incurred due to piracy. When using a CDN, all assets are assigned a CDN URL. There are individuals, or 3rd party sites, that target these asset URLs and serve them without the site owner’s permission. We strongly recommend that you take steps to protect yourself, your content, and your invoice from hot-linking. Due to a range of customer preferences, Embark does not enable hot-linking protection measures by default.

Scheduled Maintenance and Downtime

Embark will use its commercially reasonable efforts to provide services 24 hours a day, seven days a week. Subscriber acknowledges that from time to time the services may be inaccessible or inoperable for various reasons, including periodic maintenance procedures or upgrades (“Scheduled Downtime”); or service malfunctions, and causes beyond Embark’s control or which are not reasonably foreseeable by Embark, including the interruption or failure of telecommunications or digital transmission links, hostile network attacks, or network congestion or other failures. Embark will provide at least 48 hours advance notice to the subscriber for Scheduled Downtimes, and will use commercially reasonable efforts to minimize any other disruption, inaccessibility and/or inoperability of its web servers. Embark has no responsibility for downtime resulting from a user’s actions.

Refunds

All payments are NON refundable. Including, but not limited to the setup fee, monthly hosting fee, site customizations, etc. Any violation of Embark Hosting’s Terms of Service Agreement shall result in no refund. A 30 day notice must be given when cancelling service.

Account Setup, Termination, and Billing

The account will be charged on the day the order is processed, regardless of the account billing date. The account will not be charged again until the next month’s billing cycle. Billing dates are recurring on the day the account was opened.

We do not accept Checks.

Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

A credit card charge back fee of $50 will be charged to any customer’s account for any charge back received by their financial institution. The original charge amount and penalty fee must be paid immediately in order to guarantee that services will remain online and available. If a customer or anyone paying on the customer’s behalf has used a credit card to pay for services ending in 2 or more chargebacks, will result in credit card payment privileges being revoked (full payment will be due via wire transfer). This fee will be waived and credit card payment privileges reinstated if the chargeback resulted in error, provided that supporting documentation is submitted. If a credit card was used to pay for more than one customer account resulting in multiple chargebacks, each account will be assessed the $50 fee. Chargebacks received are reversed from the customer’s account, leaving the balance due and payable immediately. Outstanding balances are subject to the unpaid fees and delinquent accounts policy and may result in server suspension or account termination. If the account is terminated all information within the account will be deleted.

EVENT OF DEFAULT BY CUSTOMER (Disabling of accounts due to overdue payment). If the CUSTOMER fails to pay an invoice within 14 days of the date of that invoice, Embark reserves the right to disconnect service without further warning. If services are disconnected for non payment, customer must pay all past due charges up to the day of service disconnection in order to reconnect service. If your account has been disabled for non payment, you may be charged a reconnection fee of up to $100 in order to re-enable your account.

Embark’S REMEDY UPON DEFAULT; TERMINATION. In addition to all rights and remedies granted to Embark in this Terms of Service (including, but not limited to, the right to charge and collect Late Charges), upon the occurrence of an Event of Default, Embark shall have the right (a) to cease providing the Services to Customer without notice to Customer, (b) upon not less than one (1) business days written notice to Customer, to terminate the Hosting Services, all at Customer’s cost and expense. Upon such termination, Customer agrees to and shall immediately pay to Embark all Fees and other amounts due and owing for Services provided through and including the effective date of termination.

Cancellation Procedure: Valid proof of account ownership will be required to terminate an account. This includes, but is not limited to, the billing password or an account passphrase created by customers. Non-secure information, such as the contact email address or account billing address, is not sufficient as a security verification. The month-to-month agreement for services is automatically renewed each month in perpetuity subject to written cancellation via email sent to [email protected] (email subject to valid proof of account ownership). Embark is not able to schedule cancellation requests. Customer is responsible for any fees incur for Services to customer if no formal cancellation request is submitted.

Courtesy Services for Customers

All services such as Nightly Backups are provided for the `` of the subscriber. It is the sole responsibility of the subscriber to maintain the subscriber’s own backup of any data. Embark is not responsible for lost data or for lost data due to third party software that is not maintained by Embark’s programming staff.

Promotional Use

Embark may refer to You, Your company, or your logo’s for promotional purposes. Your company name, logos and the services that were provided to the customer by Embark may be used in promotional materials, advertising, marketing releases, newsletter, public disclosures and on the Embark website. This reference will be strictly limited to disclosure that Embark has provided services to the company and will not contain any confidential, sensitive or proprietary information in such a reference. The reference will also not provide any personally identifiable information about the individual or technical information regarding the server configuration and design used by the customer at Embark. However, Embark may disclose any information requested by law enforcement or when compelled by court order, applicable laws or regulations.

Any work or professional services performed or provided by Embark under this Agreement shall not be deemed .Work For Hire,. but Embark Hosting shall grant a non-exclusive, non-transferable license to You, for the duration of this Agreement, its employees, affiliates, and third parties commissioned by Embark.

Limitation of Damages or Liability

EXCEPT AS DESCRIBED IN THE SLA, LAUNCHDHOST LLC SHALL NOT BE LIABLE TO CUSTOMER FOR HARM CAUSED BY OR RELATED TO CUSTOMER’S SERVICES OR INABILITY TO UTILIZE THE SERVICES UNLESS CAUSED BY WILLFUL MISCONDUCT. LAUNCHDHOST LLC. SHALL NOT BE LIABLE TO CUSTOMER FOR LOST PROFITS, INDIRECT, SPECIAL OR INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES. NOTHWITHSTANDING ANYTHING ELSE IN THIS TERMS OR SERVICE AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF LAUNCHDHOST LLC AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW SHOULD NOT EXCEED THE AMOUNT OF FEES IT HAS COLLECTED ON THE ACCOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS TERMS OF SERVICE AGREEMENT, LAUNCHDHOST LLC PROVIDES ALL PRODUCTS AND SERVICES “AS IS”, WITHOUT WARRANTY OR ANY KIND, WHETHER EXPRESS, OR IMPLIED AND DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE, AND SUITABILITY OF ANY PRODUCT AND SERVICE AND LAUNCHDHOST LLC SHALL HAVE NO LIABILITY ASSOCIATED WITH THE FORGOING. CUSTOMERS ARE RESPONSIBLE FOR ENSURING SECURITY OF SERVERS.

General

Terms Of Service are subject to change without any prior notification.

These Terms of Service are a legally binding contract between the subscriber and Embark Hosting.

By opening an account, or by the use of any Embark service, the subscriber agrees to the above-stated terms.

Anything not listed in the Terms of Service is open to interpretation and change by Embark Hosting. administrators without prior notice.

All prices, are nonrefundable and nonnegotiable.

Any violation of these Terms of Service will result in termination of the account. Embark Hosting. maintains the right to terminate accounts without prior notification.

In the case that a customer is terminated for violating one or more of the Embark Terms of Service, Embark reserves the right to deny access to, and/or, destroy customer data stored on the offending server or account. Embark may at its own discretion allow access to a terminated account.

Indemnification

Customer agrees to indemnify and hold harmless Embark Hosting, its subsidiaries, their affiliates and each of their respective directors, officers, employees, shareholders and agents (each an “Indemnified Party”) against any losses, claims, damages, liabilities, penalties, actions, proceedings, judgments, or any and all costs thereof (collectively, “Losses”) to which an Indemnified Party may become subject and which Losses arise out of, or relate to the Agreement, Customer’s use of the Products and Services, breach of any confidentiality obligation or any alleged infringement of any trademark, copyright, patent or other intellectual property right and will reimburse an Indemnified Party for all legal and other expenses, including reasonable attorneys’ fees incurred by such Indemnified Party, in connection with investigating, defending, or settling any Loss, whether or not in connection with pending or threatened litigation in which such Indemnified Party is a party.