Lowest Host/Empire Technology ("The Company") agrees to furnish services to the Subscriber, subject to the following TOS and AUP agreements. Use of Empire Technology's Service constitutes acceptance and agreement to the Terms of Service and Acceptable Use Policy. Changes to the TOS or Acceptable Use Policy by the Company shall not be grounds for early contract termination or nonpayment. This Agreement shall be construed in all respects in accordance with and governed by American Law and shall be subject to the exclusive jurisdiction of the American Courts.

Disclosure to Law Enforcement: Any illegal activities will be reported to the proper authorities and those accounts will be canceled. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP number A law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition Empire Hosting shall have the right to terminate all service set forth in this Agreement.

Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges. All payments will be recurring unless otherwise requested by by the customer prior to account set up.

IMPORTANT NOTICE: All Payments To Lowest Host/Empire Technology . Are Non-Refundable unless they fall under the 30 Day Money Back Guarantee!

Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. For first 30 Days of your contract the client has the right to request a refund. Set up fees on dedicated servers are non refundable and depending on the order may require a a $100.00 restocking fee. Please ask which servers these are.

Failure to Pay: The Company may deny service or terminate the Agreement upon the failure of the Client to pay charges when due. The Company provides the Client with a 10 day grace period for payment on most services. A service will be interrupted or deactivated on outstanding accounts that reach 10 days past the due date. The Company does reserve the right to deactivate or terminate a service prior to the end of the 10 day grace period.

If a service is deactivated due to non-payment the service in question will only be reactivated once payment for the outstanding balance has been received in full. If all services on an active account are deactivated all outstanding invoices must be paid in full before any one service will be reactivated. The Company reserves the right to keep a service deactivated until funds paid via check including eCheck have cleared.

Refund and Disputes: All payments to Empire Hosting are nonrefundable after 30 days. This includes subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 60 days of the time the dispute occurred.

Failure to Pay: The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges. Furthermore and accounts that reach 10 days Past due that have been suspended there will be a $10.00 reactivation Fee imposed (no exceptions). Dedicated Clients who exceed their Allotted transfer rate must bring their account current buy paying for overages within 48 hours of notification failure to do so will result in immediate suspension

Account Cancellation: All requests for canceling accounts must be made at least 72 hours prior the next billing period. If you need Help canceling an account Click here.

The Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.

Support: Lowest Host/Empire Technology, provides technical support to our subscribers. We limit our technical support to our area of expertise and will not help you with your own personal computer problems.

SPAM and Unsolicited Commercial E-mail (UCE): Lowest Host/Empire Technology takes a zero tolerance approach to the sending of Unsolicited Commercial E-mail or spamvertizing sites (UCE) or SPAM over our network. Very simply this means that customers of Empire Hosting may not use or permit others to use our network to transact in UCE. Customers of Empire Hosting may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

• Violation of Lowest Host/Empire Technology's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Lowest Host/Empire Technology will initiate an immediate investigation (within 12 hours of notification). During the investigation, Lowest Host/Empire Technology may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Empire Hosting may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Empire Hosting reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. Empire Hosting will notify law enforcement officials if the violation is believed to be a criminal offense.



• Violations of this policy may result in the immediate termination of your account. Users who violate this policy agree that they will pay
  

  "Research Fees" will be charged at $50 per hour not to exceed $150 (1 Hr min) per hour that Empire Hosting personnel must spend to investigate the matter.
  

  Penalty of $1.00 per Spam message sent will be levied.
  

  For each RBL or block list We are listed to a fee of $150 per incident
  

  Resellers You will be levied to above fees if one of your customers send Spam

  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 E-mail, initiation of pinging, flooding, mail-bombing, denial of service attacks is prohibited.
• E-mail address cultivating, or any unauthorized collecting of e-mail addresses without prior notification of the e-mail 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.

PLEASE, DO NOT SPAM from your account.

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

• IRC Software
• Pirated software
• Hacking sites, programs or archives
• Warez Sites (includes Warez Linking )
• Distribution of music files or any other material in which the account holder does not own the copyright.
• Escrow, High-Yield Interest Programs(HYIP) or related sites
• Investment sites (FOREX, egold exchange),
• sale of any controlled substance without prior proof of appropriate permit(s)
• AutoSurf sites
• Bank Debenture Trading Programs
• Lottery sites
• Rpg's, hate sites
• Hacker focused sites (illegal hacking game hacks are ok)
• Sites promoting illegal activities
• Mail Bombers and Spam Scripts
• Brute Force Programs

Lowest Host/Empire Technology LLC . 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 portscanning to be done on or from our servers or network.

Per Service type - as well as all of the the above

Examples of Service types :

• Shared Hosting (web site owners & resellers who are on a server with others)
• Virtual Private Server (VPS/VDS)
• Dedicated Server

Shared Hosting Servers -

Adult Content - Adult Content or links to Adult Content are not permitted on Lowest Host/Empire Technology Servers unless special permission or a custom order is requested

Bittorrent - Bittorrent or Bittorrent Tracker software

Resource Usage -

• Use 25% or more of system resources for longer then 90 seconds.This includes Cpu, Ram,. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
• . Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons
• Run any type of web spider or indexer (including Google Cash / AdSpy)
• Participate in any file-sharing/peer-to-peer activities
• Run any gaming servers such as counter-strike, half-life, battlefield1942, etc

Virtual Private Servers -

Bittorrent - Bitorrent or Bittorrent Tracker software

Resource Usage -

• Excessive CPU Share: Any VPs caught monopolizing the use of 1 or more of the CPU cores will be asked to remove the application causing the issue
• Ram Usage: Any VPs that is monopolizing Burst Ram (e.g.: If your server is entitled to 1GB burst and you are use 100% of it all of the time. It is no longer Burst RAM ) you will be asked to upgrade.

Dedicated Servers -

• No restrictions all is allowed with the exceptions of the global disallow and terms listed above and in our AUP
• Bittorrent is allowed (legal content only )
• Chat servers are allowed (no conection to global network)

Network -

a. Bandwidth and Disk Usage: Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). Empire Hosting will monitor Customer's bandwidth and disk usage. Empire Hosting shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in Empire Hosting's sole and absolute discretion. If Empire Hosting takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action.

b. Current Fees for Data Transfer overages

Data Transfer is billed from the first of the month to the end of the month regardless of your billing cycle

$1.80 per GB if not pre paid
$1.00 per GB if prepaid
If you have a Credit Card on file you will be automatically invoiced and billed at the lesser rate

c. System and Network Security: Users are prohibited from violating or attempting to violate the security of the Empire Hosting Network. Violations of system or network security may result in civil or criminal liability. Empire Hosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
i. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.
Ii. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
Iii. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
iv. Forging any MCP/IP packet header or any part of the header information in any e-mail or newsgroups posting.
v. Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation -

a. Lowest Host/Empire Technology LLC is under no duty to look at each customer's or user's activities to determine if a violation of the TOS/AUP has occurred, nor do we assume any responsibility through our TOS/AUP to monitor or police Internet-related activities.

b. First violation: Any User, which Empire Hosting determines to have violated any element of this TOS/AUP, may or may not receive an e-mail, warning them of the violation depending on the type of violation. The service may be subject at Lowest Host/Empire Technology's discretion to a temporary suspension pending a User's agreement in writing, to refrain from any further violations.

c. Second Violation: Users that Empire Hosting determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice.

Suspension of Service or Cancellation:Lowest Host/Empire Technology LLC reserves the right to suspend network access to any customer if in the judgment of the Lowest Host/Empire Technology LLC network administrators the customer's server is the source or target of the violation of any of the other terms of the TOS/AUP or for any other reason which Lowest Host/Empire Technology LLC chooses. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.

Lowest Host/Empire Technology LLC reserves the right to amend its policies at any time. All Sub-Networks, resellers and managed servers of Empire Hosting must adhere to the above policies. Failure to follow any term or condition will be grounds for immediate Cancellation. Therefore, it is in your best interest to implement a similar or stricter Terms and conditions or otherwise called Acceptable Terms of use policy.

Indemnification: Empire Hosting wishes to emphasize that in agreeing to the Empire Hosting Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Lowest Host/Empire Technology LLC for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Lowest Host/Empire Technology LLC or the bringing of any claim against Empire Hosting by any third-party. This means that if Empire Hosting is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Lowest Host/Empire Technology LLC, plus all costs and attorney's fees.

Miscellaneous Provisions: You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

Empire Hosting reserves the right to revise, amend, or modify this AUP, our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service). If you Violate of our TOS/AUP and your account is terminated you are not entitled to any refund as you entered a binding contract which you willfully violated.