EMI AGREEMENT FOR HOSTING

This is an agreement between "Our Customer" and EMI located in Newport Beach, California, whereas EMI has agreed to provide Internet hosting services to the customer.

2. Use of this service to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material including that deemed threatening or obscene, or engage in any kind of illegal activity is expressly prohibited. The Customer agrees to indemnify and hold EMI harmless from any claims resulting from the Customer's use of the service, which damages either the Customer or another party or parties.

3. The Customer is responsible for any and all fixed and accumulative charges for this account. The account setup fee and your first month service fee will be charged to the customer immediately. Each month, on the 1st, the customer will be charged the monthly hosting and any other fees for the new month plus any accumulated charges for the past month.

4. If the Customer pays by credit card, they agree to pay all authorized billed amounts according to credit card issuer agreement until the Customer cancels the account or discontinues credit card billing. Payments by check not made within 15 days of the billing date are to be considered delinquent and may be subject to reasonable collection and legal fees as well as a Late Fee of $15, or the state legal limit, whichever is lower. Returned checks are subject to a charge of $25.00. All account holders will be given 60 days notice prior to any change in pricing policy.

5. The Customer agrees that EMI has the right to suspend or cancel an account for any reason, including without limitation the investigation of policy or agreement violations, inappropriate use, or nonpayment of service fees. In the event that EMI suspends or cancels an account, EMI will make a reasonable effort to notify the Customer of the act prior to the actual event.

6. The Customer must cancel with written notice sent to the address of EMI listed in this agreement. The Customer agrees that EMI has the right to delete all data, files, or other information that is stored on EMI servers on behalf of the Customer, if either the Customer or EMI cancels the account, for any reason.

7. All setup fees and the first month's recurring fees are non-refundable. In the event of a cancellation in the first thirty days, the Customer is liable for any and all expenses incurred by EMI in establishing the Customer's account. Beyond the initial thirty-day period, any fees paid are refundable at a prorated amount beyond the thirty days.

8. EMI will provide free phone and email support for issues relating to the Customer's account and the services provided under this agreement, for the lifetime of the account; however, EMI has the right to determine the extent to which it will work with any Customer. The Customer will endeavor to use email technical support whenever possible by contacting info@electronicmarketinginc.com

9. UNACCEPTABLE CONDUCT. The following types of conduct are grounds for immediate suspension of service pending investigation by EMI and may result in termination of the account(s) the investigation determines to have originated or transmitted these types of traffic: a. Any activity that is in violation of Federal, State or Local laws that involves the use of our network, software or hardware, including but not limited to "spamming" or the sending of unsolicited emails.
b. Knowingly distributing virus-infected files through email or otherwise. Note that "unknowingly" distributing virus-infected files will be grounds for temporary disruption of service until the problem has been resolved.
c. Privacy violations: Attempts, whether successful or not, to gain access to any other system or users' private data without express consent of the user.
d. Network unfriendly activity: Attempts to interfere with the regular workings of EMI systems or network connections or which adversely affect the ability of other people or systems to use EMI services or the Internet, including but not limited to:
i. Any unauthorized attempts by a user to gain root access or access to any account not belonging to that user on this or any other EMI project.
ii. Any use of this or any other EMI project as a staging ground to disable other systems.

10. LIMITED WARANTY. No warranty is made by EMI regarding bandwidth or any information, services or products provided through, in connection with, or located on computer systems at EMI, or elsewhere, or other services provided by EMI or other parties, and EMI hereby expressly disclaims any and all warranties, including without limitation: 1) any warranties as to the bandwidth, availability, accuracy, or content of information, products, or services; and 2) any warranties of merchantability or fitness for a particular purpose.

11. LIMITED LIABILITY. Any liability of EMI, including without limitation any liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, deletion, defect, delay or operation or transmission, communications line failure, theft or destruction of, or unauthorized access to, alteration of, or use of records, whether for breach of contract, tortuous behavior, negligence, of under any other cause of action, shall be strictly limited to the amount paid by or on behalf of the Customer to EMI for the current month.

12. The terms and conditions of this agreement supersede any previous agreement, statement of terms and conditions, or understanding between EMI and the Customer. The Customer agrees that EMI has the right to change or modify its acceptable use policy at any time.