The EMD-IS Usage Policy has been developed with the following objectives:

• Ensure security, reliability and privacy of EMD-IS systems and network, and the networks and systems of our partners
  

• Maintain the image and reputation of EMD-IS as a responsible provider
  

• Preserve the value of Internet resources as a conduit for free expression
  

• Encourage the responsible use of net resources and discourage practices which degrade the usability of network resources and thus the value of Internet services
  

• Avoid situations that may cause EMD-IS to incur civil liability
  

• Preserve the privacy and security of individual users

We expect our Customers to use the Internet with courtesy and responsibility and to be familiar with and to practice good Internet etiquette. By adhering to the following policies, our customers are protecting the rights and privileges of all Internet users.

VIOLATION OF ANY OF THE FOLLOWING POLICIES IS STRICTLY PROHIBITED AND WILL RESULT IN IMMEDIATE TERMINATION OF ALL ACCOUNTS.

General Conduct

1. Customers are prohibited from transmitting on or through any of EMD-IS's services, any material that is, at EMD-IS's sole discretion, unlawful, threatening, abusive, libelous, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law, statute or regulation.
   

2. EMD-IS's services may only be used for lawful purposes. Transmission, distribution, or storage of any information, data or material in violation of United States or state regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or any other statute. EMD-IS reserves the right to remove such illegal material from its servers.
   

3. Customers may not engage in tortuous conduct including, but not limited to, posting of defamatory, scandalous, or private information about a person without their consent, intentionally inflicting emotional distress, or making physical threats against another person via e-mail, news, or any other electronic media/service we provide.
   

4. The Customer is responsible for providing and maintaining accurate and up-to-date billing information. Furnishing false data on the signup form, contract, or online application, including fraudulent use of credit card numbers, is grounds for immediate termination, and may subject the offender to civil or criminal liability.

System and Network Usage

Security

1. Customers may not attempt to circumvent user authentication or security of any host, network, or account ("cracking"). 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, or probing the security of other networks.
   

2. Customers may not attempt to interfere with service to any user, host, or network ("denial of service attacks"). This includes, but is not limited to, "flooding" of networks, deliberate attempts to overload a service, and attempts to "crash" a host.
   

3. Customers may not use any kind of program/script/command, or send messages of any kind, designed to interfere with a user's terminal session, via any means, locally or by the Internet.
   

4. Customers must safeguard their account passwords to prevent unauthorized access to their account.
   

5. Users who violate systems or network security may incur criminal or civil liability. EMD-IS 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.

E-mail

1. Harassment, whether through language, frequency, or size of messages, is prohibited.
   

2. Customers may not send e-mail to any person who does not wish to receive it. If a recipient asks to stop receiving e-mail, the Customer must not send that person any further e-mail.
   

3. Customers are explicitly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes, but is not limited to, bulk-mailing of commercial advertising, informational announcements, and political tracts. Such material may only be sent to those who have explicitly requested it.
   

4. Customers may not forward or otherwise propagate chain letters, whether or not the recipient wishes to receive such mailings.
   

5. Malicious e-mail, including but not limited to "mailbombing" (flooding a user or site with very large or numerous pieces of e-mail) and "trolling" (posting outrageous messages to generate numerous responses) is prohibited.
   

6. Forging of header or any other information is not permitted.
   

7. Subscribing someone else to a mail list or removing someone else from a mail list without that person's permission is prohibited.
   

8. EMD-IS accounts or services may not be used to collect replies to messages sent from another Internet Service Provider, where those messages violate this Usage Policy or the usage policy of that other provider.
   

9. These rules apply to other types of Internet-based distribution mediums as well, such as RLG's Ariel system (a system for sending FAX-like documents over the Internet). 

NOTE: EMD-IS operates under a strict one-warning policy regarding unsolicited e-mail, unless the violation is of such nature that the account, at our sole discretion requires immediate termination, in which event service will be immediately terminated.

IRC (Internet Relay Chat)

1. Customers are prohibited from using or hosting IRC scripts, servers, or programs on EMD-IS' shared, dedicated, or co-location server accounts.
   

2. Neither IRC robots ("bots" or "clones"), nor IRC sessions may not be run from EMD-IS's shared , dedicated, or co-location server accounts.
   

3. EMD-IS is not liable for the content of any communications made on IRC.

Content:
All services may 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 City law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold us harmless from any claims resulting from the use of the service which damages the subscriber or any other party.

Note: Pornography and sex-related merchandising are prohibited on all servers. This includes sites that may infer sexual content, or link to adult content elsewhere. This is also true for sites that promote any illegal activity or content that may be damaging to our servers or any other server on the internet. Links to such materials are also prohibited.

In addition any site selling or promoting Bulk email services is not allowed

Examples of non-acceptable content or links (unless otherwise noted):

• Pirated software

• Hackers programs or archives

• Warez Sites

• Irc Bots

• Mp3

We will be the sole arbiter as to what constitutes a violation of this provision.

General Uses

1. Customers may not permit the use of mail services, mail forwarding capabilities, POP accounts, or auto-responders other than for the Customer's own account.
   

2. Customers may not employ posts or programs that consume excessive CPU time or storage space. EMD-IS reserves the right to kill off CPU intensive processes.

Material and Product Requirements

1. Customers must ensure that all material and data placed on EMD-IS's equipment is in a condition that is "server-ready," which is in a form requiring no additional manipulation on EMD-IS's part. We shall make no effort to validate this information for content, correctness or usability. In the event that the Customer's material is not "server-ready", we have the option at any time to reject this material and remove it from our servers or disable it from being activated. EMD-IS will notify the Customer immediately of its refusal of the material and afford the Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of EMD-IS
   

2. Use of EMD-IS's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of the Customer's Web space. Customers must have the necessary knowledge to create and maintain a Web space. It is not the responsibility of EMD-IS to provide this knowledge or customer support outside of the service defined in the Service Agreement

Privacy

1. EMD-IS will not sell or knowingly disclose its customer lists or customer e-mail or listserv address lists. We will attempt to protect the privacy of our Customers and information that is stored on our network. EMD-IS will only access and disclose information as necessary to comply with applicable laws and government requests, to operate and maintain our systems and services, or to protect ourselves or our Customers.
   

2. EMD-IS will not monitor or disclose a Customer's private e-mail messages unless required by court order or law. We will cooperate with the authorities and will notify such authorities if it suspects that a Customer is engaged in illegal activities.

THE USAGE POLICY DEFINES THE ACTIONS WHICH EMD-IS CONSIDERS TO BE ABUSIVE, AND THUS, STRICTLY PROHIBITED. THE EXAMPLES SET FORTH IN THIS POLICY ARE NON-EXCLUSIVE, AND ARE PROVIDED SOLELY FOR GUIDANCE TO EMD-IS' CUSTOMERS.

If you are unsure whether any contemplated use or activity is prohibited, please send e-mail to policy@emd-is.com and we will assist you. Please note that the activities set forth above are also not permitted from other Internet Service Providers on behalf of, or to advertise, any service hosted by EMD-IS, or connected via our network. Furthermore, such services may not be advertised via deceptive marketing policies, as defined by the Federal Trade Commission Deception Policy Statement.

Indemnification:
Customer agrees that it shall defend, indemnify, save and hold Ellis & McDaniels Associates, Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Ellis & McDaniels Associates, Ltd, 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 Ellis & McDaniels Associates, Ltd against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Ellis & McDaniels Associates, Ltd server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement.

Terms and Termination
This agreement shall have an initial term of one month from the date of execution hereof, unless otherwise specified by sign up request. Upon expiration of such term, this agreement shall automatically renew for successive equivalent periods, unless written notice is given by either party of its intent to terminate the agreement, at least one week prior to the scheduled termination date. All terms and conditions of this agreement shall be in full force and effect during all original and renewal periods hereunder. If User does not notify Provider of cancellation request at least 7 days in advance of date of execution, the User will be responsible for the payment due for the next equivalent period. Fee for late payment is $20.00. Any service disconnection or suspension shall require a $25.00 re-connect fee.

Refusal of Service:
We reserve the right to refuse or cancel service at our sole discretion.

Disclaimer
Ellis & McDaniels Associates, Ltd will not be responsible for any damages your business may suffer. Ellis & McDaniels Associates, Ltd makes no warranties of any kind, expressed or implied for services we provide. Ellis & McDaniels Associates, Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, and any and all service interruptions caused by Ellis & McDaniels Associates, Ltd and its employees. Ellis & McDaniels Associates, Ltd reserves the right to change or update policies without notice

If any terms or conditions are failed to be followed it will result in grounds for immediate account deactivation.

EMD-IS must further limit any exceptions made to the Usage Policy as secondary in regards to server and network security, performance and integrity. Any user, regardless of exception status, may have his or her service disabled if it is interfering with our servers or network.

Specific questions about this policy should be sent via e-mail to policy@emd-is.com. Reports of activity in violation of this policy may be sent via e-mail to abuse@emd-is.com.