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eMedia Policies
For our ProStores Merchant User Agreement, please click here.
For our Email Acceptable Use Policy, please click here.
These are the Terms and Conditions and Acceptable
Use Policies for use of the Internet services provided by
eMedia Technologies, Inc. By accessing services from eMedia Technologies,
Inc., you (Customer) agree to abide by these terms and conditions. We reserve
the right to change this agreement at any time without notice.
- Lawful Use - You are responsible for conforming to all
federal, state, and local laws regarding the Internet and electronic communication.
You must respect the intellectual property and copyrights of resources provided
by others on the Internet. You may not participate in any illegal activities
while using your account. You must obey the laws of the United States and
other countries that you communicate with over the net. We cannot and do
not monitor or control traffic content to/from our service. You are responsible
for keeping your activities legal, and for censoring yourself and colleagues.
Customer is not permitted to post any material that is illegal, libelous,
tortuous, or likely to result in retaliation against eMedia Technologies,
Inc.. Should the posted material fall into this category, we reserve the
right to immediately refuse or terminate service.
- Data & Backup - While we do back up our system files
and ProStores database files as a courtesy to our customers, we do not back
up websites or files uploaded by our Customers unless a data backup service
is purchased for the account. This means that if you upload web pages or
other personal files to our system or perform customizations to your ProStores
store, you must keep a backup on your own machine. Log files and historical
ProStores data files may be purged without notice to ensure optimal server
performance. Customers are responsible for archiving any and all historical
data and log files themselves. eMedia Technologies, Inc. shall not be held
liable for any loss of or damage to Customer files, logs or data of any kind
for any reason whatsoever. Customer agrees that eMedia Technologies, Inc.
has the right to delete all data, files, or other information that is stored
on eMedia Technologies, Inc.'s servers and computers upon termination of
services, or cancellation of account due to non-payment or violations of
our Terms and Conditions of service policies.
- Unsolicited Advertising - Unsolicited advertising (spam)
via E-mail or newsgroups is prohibited and shall result in immediate account
dismissal. "Spamming", including (but not limited to) mass-E-mailing,
cross-posting, or otherwise causing abuse to others on the net is prohibited
and will be grounds for immediate account termination. Any actions resulting
in spam complaints from end users, other Internet providers, watchdog groups,
etc., or construed to be negligent, malicious, or a denial-of-service attack
is strictly prohibited.
- Network Security and passwords - Customer is expected
to maintain cryptic passwords keep all passwords secret. Passwords allow
access to your private email messages, website and billing information. If
eMedia Technologies, Inc. believes a Customer's password has been compromised,
we reserve the right to change the Customer's password without notice.
- Bandwidth Usage – eMedia Technologies, Inc. reserves
the right to limit bandwidth usage. Websites containing adult content, streaming
media, data downloads or portal sites, are excluded form unlimited www traffic
allowances.
- Network/Server Performance - Some eMedia Technologies,
Inc. accounts operate on shared resources. Excessive use or abuse of these
shared resources by one customer may have a negative impact on all other
customers. Misuse of network resources in a manner which impairs network
performance is prohibited by this policy and may result in termination of
your account. You are prohibited from excessive consumption of resources,
including CPU time, memory, disk space and session time. You may not use
resource-intensive programs which negatively impact other customers or the
performances of eMedia Technologies, Inc. systems or networks. eMedia Technologies,
Inc. reserves the right to terminate or limit such activities.
- Domain Names - Customer is responsible for registering
and renewing Domain Names with InterNIC. Domain names can be registered or
renewed using eMedia Technologies, Inc. Domain Name registration services.
- IP Addresses - Customers may be assigned IP addresses
by eMedia Technologies, Inc., and must return to eMedia Technologies, Inc.
the rights to IP addresses when service is discontinued.
- Additional Internet Access Terms and Conditions
a) You are expected to keep your password
secret. Your password allows access to your private messages and billing information.
b) Setup fee includes initial configuration
only. If at any time you need assistance in configuring your computer again,
instructions can be mailed to you at no fee or we can help you reconfigure
your Internet connection for an additional setup fee to be charged on your
credit card only.
c) Although we provide excellent security
locally, we cannot control what happens on the global Internet. For this reason,
we strongly suggest that you never send credit card numbers or other personal
information through E-mail or any other Internet service unless it is properly
encrypted.
d) You understand that the
Internet provides access to adult and sexually explicit material, which may
not be suitable for minors and may be offensive to some users. We do not monitor
or restrict the activities of its users. You are responsible to monitor and
censor the activity on your account.
- Refusal of Service - We reserve the right to terminate
or refuse service to anyone. We reserve the right to refuse service to users
under 18. Misrepresentation of age is grounds for termination.
- Indemnification - You are responsible for all actions
you take or cause to be taken in your use of the service. As a condition
of service, you agree to indemnify and hold harmless our officers, employees,
agents, and shareholders, for any cause of action originating from use of
the service.
- Assignment or Transfer - Customer shall not assign or
transfer the rights or obligations associated with this assignment, in whole
or in part, without the written consent of eMedia Technologies, Inc..
- Cancellation - Customer may cancel service and this agreement
at any time with written notice. Written cancellation requests may be in
the form of postal mail, fax or by emailing info@eMediaTech.com from the
billing email address on record. Cancellation of any accounts by phone will
not be accepted. eMedia Technologies, Inc. reserves the right to terminate
or refuse service to anyone at our sole discretion without notice. Falsification
of Customers contact information is grounds for immediate termination. No
refunds will be offered for partial months. No refunds will be offered for
Customers terminated for violations of the Terms and Conditions of Service.
or Billing Policies
- Price Adjustments - Customer will have 30 days from notification
of price increases to cancel affected service without penalty. Prices may
be reduced or new services and options may be put into effect without advance
notice.
- Limitations of Warranty and Assumption of Risk - Customer
uses eMedia Technologies, Inc. services at Customer's own risk. eMedia Technologies,
Inc. makes no warranty, expressed or implied. eMedia Technologies, Inc. shall
not be liable for any loss or other damage, including but not limited to
special, incidental, consequential, or punitive damages, resulting from any
failure to provide service or from any termination of service. This service
is provided as is. We are not responsible for hardware or software damage,
loss of data, loss of wages, or any other financial or personal loss resulting
from the use of, or inability to use, this service. Any liabilities are strictly
limited to the amount of the fee paid for services rendered. eMedia Technologies,
Inc. shall not be liable for claims of damages made by any third party for
any cause whatsoever.
- Hold Harmless - Customer will indemnify and hold eMedia
Technologies, Inc. harmless (including officers, employees, agents, and shareholders)
of any and all claims, costs, expenses or liability resulting from any damage
to Customer's business, service, equipment, network, operations, or reputation
resulting from eMedia Technologies, Inc.'s actions or the actions of our
partners, contractors or resellers. Indemnification includes, but is not
limited to, any government actions, acts of vandalism or other retaliation,
and any claims of libel, unfair competition, infringement of any patent,
copyright, trademark, service mark, or other intellectual property right,
violation of privacy, or other tort.
- Arbitration - If any portion of this agreement is found
to contradict federal, state, or local laws, the remaining portions will
remain in full force until account termination. Both parties agree to submit
any dispute relating to the subject matter of this Agreement to binding arbitration,
in Allen County, Indiana, pursuant to the commercial rules of the American
Arbitration Association. The parties surrender and waive the right to submit
any abatable dispute to a court or jury, or to appeal to a higher court.
The arbitrator(s) shall not have the power to award punitive, consequential,
indirect, or special damages. The arbitrator shall have the power to award
costs and reasonable attorney fees to the prevailing party.
- Revisions - eMedia Technologies, Inc. reserves the right
to revise, amend, or modify this policy, our Terms and Conditions and Acceptable
Use Policies and our other policies and agreements at any time
and in any manner. Notice of any revision, amendment, or modification will
be posted here.
This is the Privacy Policy for
use of the Internet services provided by eMedia Technologies, Inc. By accessing
services from eMedia Technologies, Inc., you (Customer) agree to abide by these
terms and conditions. We reserve the right to change this agreement at any
time without notice.
At eMedia Technologies, Inc., your right to privacy and data security is our
primary concern. That's why, when you visit eMediaWebTools.com,
we help you maintain control over your personal data on the Internet. The guidelines
below have been developed to protect the information you provide us during
a visit to our Internet site, http://www.eMediaWebTools.com,
or other associated sites owned and operated by eMedia Technologies, Inc.
Personal Information
In a few areas on our web site and online support tools, you are asked to provide
information that will enable eMedia Technologies, Inc. to enhance your site
visit, to assist you with technical support issues, or to follow up with
you after your visit. Providing this information is completely optional.
Some examples of site areas where information is requested are listed below:
- Register on eMediaWebTools.com
- Place an online order
- Provide feedback in an online survey
- Participate in promotional offer
- Subscribe to a newsletter or a mailing list
- Request online technical support
In each of these instances, we may ask for your name, e-mail address, phone
number, address, type of business, customer preference information and/or account
number, as well as other similar personal information that is needed to register
or subscribe you to services or offers. In the case of newsletters or
mailing lists, you will be able to "unsubscribe" to these mailings
at any time.
Confidentiality
The information you provide will be kept confidential and used only to support
your customer relationship with eMedia Technologies, Inc. Among other things,
we want to help you quickly find information on eMediaWebTools.com and alert
you to product upgrades, special offers, updated information, and other new
products and services offered by eMedia Technologies, Inc. Agents or contractors
of eMedia Technologies, Inc. who have access to your personal information
and prospect information are required to keep the information confidential
and not use it for any other purpose than to carry out the services they
are contracted to perform for eMedia Technologies, Inc. eMedia Technologies,
Inc. may enhance or merge the information collected at its site with data
from third parties for purposes of marketing products or services.
E-Mail
eMedia Technologies, Inc. will send you information about various product and
service offerings, or other products and services we feel may be of interest
to you. Only eMedia Technologies, Inc. or agents working on behalf of eMedia
Technologies, Inc. (and under confidentiality agreements) will send you these
direct mailings. If you do not want to receive such mailings, indicate this
when you provide your personal information. To decline receiving further
marketing from eMedia Technologies, Inc. at any time, update your Account
Profile to indicate this request.
Outside Organizations
Customer consent is required prior to the release of customer information,
such as name, address, and telephone number, as well as order information
that may be used by an outside organization for marketing or solicitation
purposes. Customer information will only be shared with agents or contractors
of eMedia Technologies, Inc. for the purpose of performing services for eMedia
Technologies, Inc.
Information Accuracy
Customers may request the individual information that eMedia Technologies,
Inc. has collected about them via the Internet by sending an e-mail to our
support group. Customers should contact the support group to correct any
factual inaccuracies in this information.
Internet Commerce
The online store at eMediaWebTools.com is designed to provide options concerning
the privacy of customer information, including credit card information, name,
address, e-mail and any other information provided by the customer to eMedia
Technologies, Inc. eMedia Technologies, Inc. is committed to data security
with respect to information collected on its sites, offering the industry
standard security measures available through SSL encryption. If, at any time,
a customer would like to make a purchase without providing credit card information
online, the order may be placed through a eMedia Technologies, Inc. Sales
Associate. Customers can contact a eMedia Technologies, Inc. Sales Associate
at 1·866-295-0854. It is eMedia Technologies, Inc.'s practice to contact
customers in the event of potential problems concerning purchases. eMedia
Technologies, Inc. also contacts customers with normal business communications
regarding their purchase.
Customized Experience
New technologies are emerging on the Internet that help us deliver customized
visitor experiences. At eMedia Technologies, Inc., we primarily use "cookies" to
determine which service and support information is appropriate to your machine
and to maintain your shopping experience in our online store. Our use of
this technology does not mean that we automatically know any information
about you. We might be able to ascertain what type of computer you are using,
but beyond that, our use of cookies is designed only to provide you with
a better experience when using eMediaWebTools.com. eMedia Technologies, Inc.
has no desire or intent to infringe on your privacy while using the eMediaWebTools.com
site.
More Information
For information on protecting your personal information both, on and off line,
see the Federal Trade Commission's Privacy Pages at http://www.ftc.gov/privacy.
The Electronic Privacy Information Center has news and resources concerning
online privacy at http://epic.org.
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