Provision of services

Service means – ANY act of serving the ACCOUNT HOLDER, being provided by Emblem, regardless of its duration and whether it’s a paid service or a service for free. Without limiting the scope of item 1.a. above, Emblem will provide services on its host computing systems to individual ACCOUNT HOLDERS in exchange for payment of fees and compliance with the terms and conditions of this document.

Emblem Services are defined as the use by the ACCOUNT HOLDER of computing, telecommunications, software, and information services provided by Emblem. These services also include the provision of access to computing, telecommunications, software, and information services provided by others via the Global Internet. For existing customers only, Emblem will publish a notice of fee increases 30 days before such increases take effect.

Use of Material

Public Domain materials (e.g., images, text, and programs) may be downloaded or uploaded using Emblem services. ACCOUNT HOLDERS may also re-distribute materials in the public domain. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is in the public domain .As provided by Irish law and by International treaties, copyrighted materials (e.g., images, text, and programs) may not be uploaded using Emblem services without the permission of the copyright holder. Copyrighted materials may be downloaded for personal use. Except as expressly permitted, materials under copyright may not be distributed to others. Copyrighted material may not be changed nor neither can the author attribution notices nor the copyright notices be modified. The ACCOUNT HOLDER assumes all risks regarding the determination of whether the material is copyright.

Use of Services

The ACCOUNT HOLDER agrees to maintain a secure password to the account. Secure passwords are those that are between 6 and 8 characters long, contain upper and lower case letters, and numbers or other characters, and can not be found in direct or reverse order in a dictionary, without regard to the language of the dictionary. The ACCOUNT HOLDER agrees to use the services provided by Emblem as permitted by applicable local, state, and federal laws. The ACCOUNT HOLDER agrees, therefore, not to use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law. Emblem reserves the right to refuse service to any new or existing customers and refund the remaining balance on the account, if any.

The Account Holder

is solely responsible for any legal liability arising out of, or relating to, his/her web site at Emblem. The ACCOUNT HOLDER represents and warrants to Emblem that it holds the necessary rights to permit the use of any of the items on his/her web site, and, that the use, reproduction, distribution, transmission or display of any data to the public, and any material to which the public can link through, or any products of services made available to the public through his/her web site, will not –
violate any criminal laws or any rights of any third parties, including, but not limited to, such violations as infringement or misappropriation of any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute; or Contain any material that is: unlawful, pornographic, of an adult nature, harmful, fraudulent, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically, disputatiously, argumentatively or otherwise objectionable, including, without limitation, any material that encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, state, national or international law. ACCOUNT HOLDER agrees to indemnify and to hold Emblem, and any third party entities related to Emblem, harmless from and against any and all liability, loss, damages, claims, or causes of action, including reasonable legal fees and expenses arising out of or related to:
The ACCOUNT HOLDER’s breach of any of the forgoing representations and warranties, or
Any other third party claim with respect thereto.
The ACCOUNT HOLDER understands and agrees that hosting of the ACCOUNT HOLDER’s web site is at the sole discretion of Emblem. Emblem may at its sole discretion discontinue web site hosting service to any ACCOUNT HOLDER operating a web site that Emblem deems to be in violation of Section (d.) of these Terms and Conditions.

Indemnification

The ACCOUNT HOLDER agrees to indemnify and hold Emblem, its Executives, Directors, Officers, Managers, Employees, Consultants and Agents, harmless from any claims, including legal fees, resulting from the ACCOUNT HOLDER receiving Emblem services which cause direct or indirect damage to another party.

Limited Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT AND UNDER NO LEGAL THEORY SHALL EMBLEM BE LIABLE TO THE ACCOUNT HOLDER FOR ANY BUSINESS LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS/SERVICES, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF THE USE OF, OR INABILITY TO USE, ANY OF EMBLEM’S SERVICES, EVEN IF EMBLEM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL EMBLEM’S LIABILITY EXCEED THE MONTHLY FEE PAID BY THE ACCOUNT HOLDER. THIS LIMITATION OF LIABILITY AND RISKS IS REFLECTED IN THE PRICE OF EMBLEM’S SERVICES.

The ACCOUNT HOLDER acknowledges that Emblem makes an honest effort to keep the information available on Emblem’s systems accurate. However, Emblem can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity for the data and/or information available. Use of information obtained from or through Emblem is at the risk of the ACCOUNT HOLDER.

The ACCOUNT HOLDER acknowledges that the information available through the interconnecting networks may not be accurate. Emblem has no ability or authority over the material. Emblem can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, or validity of the data and/or information residing on or passing through these networks. Use of information obtained from or through Emblem services is at the risk of the ACCOUNT HOLDER. The ACCOUNT HOLDER understands, agrees and acknowledges that Emblem makes an honest effort to provide the ACCOUNT HOLDER with Technologies, Developments and Innovations that part of them are being licensed, or co-branded, from or by, third-party entities. However, Emblem can make no warranty of any kind, either expressed or implied, regarding the quality, accuracy, reliability or validity for the application(s), data and/or information involved in such items. The use of these application(s), data and/or information obtained from or through Emblem, or any other referred third-party, directly or indirectly, is at the risk of the ACCOUNT HOLDERS

Payment of fees and penalties

The Emblem accounting cycle begins on the 1st of each month. Charges for new accounts are prorated. Charges for terminating accounts are not prorated. Service payments will be submitted in advance of receiving services. The starting date of the billable period will be the earliest of – the day we receive the electronic order form, the day customer signs up via fax. The ACCOUNT HOLDER acknowledges that he/she is responsible to initiate a payment in order to renew his/her service once the original service-period was ended. Payment is due at beginning of each accounting cycle. 
Delinquent accounts are those that remain unpaid 5 days after beginning of accounting cycle. 
Accounts that are delinquent are put on “accounting hold” and may not be used. Accounts that are unpaid for a whole accounting cycle automatically have their files archived. Accounts that are unpaid for 2 accounting cycles have their files purged. Emblem accounts continue to accrue charges while they are on hold.
There is a service re connection charge equal to one half the currently charged set-up fee to remove accounts from accounting hold status.
The ACCOUNT HOLDER acknowledges responsibility for the account until payment in full is made.
In the case where a domain name is requested and registered on behalf of a client, and the client subsequently fails to pay – Emblem shall NOT transfer ownership of the domain name until payment is received in full (including any associated costs), or the domain expires. Emblem shall not release domain names, which have not been paid for, nor will any modifications, DNS changes, or contact changes be carried out. 
There is a €20.00 service charge for each returned check. 
Trades, Charity and Promotional accounts are NOT qualified for our special discount on advance payment. 
The ACCOUNT HOLDER will be charged for excessive bandwidth usage (above the relevant allowance of the chosen service package). It is the ACCOUNT HOLDER responsibility to monitor the amount of bandwidth of his/her account, on a daily basis. Emblem has no obligation to warn the ACCOUNT HOLDER regarding the excessive bandwidth usage.

“NOT-TO-RENEW” Requests

For ACCOUNT HOLDERs that pay on a MONTHLY basis ONLY – “NOT-TO-RENEW” requests for Emblem accounts must be given via a telephone call to Emblem’s main office (Telephone number available on the contact section of Emblem’s website). Such requests must be received by 5PM GMT on the 15th of month, in order to be processed by the end of the same month. For ACCOUNT HOLDERS that pay on a NON-MONTHLY basis (3,6 and 12 months) ONLY – “NOT-TO-RENEW” requests for Emblem accounts must be given via a telephone call to Emblem’s main office. Such requests must be received by 5PM GMT 15 DAYS before the account’s anniversary date, in order to be processed before anniversary date. This will prevent an automatic renewal and charge).

All Emblem accounts must be paid in full before the transaction will be considered complete.

Cancellations will NOT generate ANY refund.

Abuse of Services

Any use of Emblem system resources that disrupts the normal use of the system for other Emblem customers is considered to be abuse of system resources and is grounds for administrative intervention. Some examples of system abuse include spawning dozens of processes, consuming excessive amounts of memory or CPU for long periods of time, spamming or mass emailing using internal or external mail and/or news servers. Without limiting the scope of the above, Emblem forbids the storage of illegal/pirated software (warez), the use of any type of IRC bot (without permission) and/or proxy (including, but not limited to, bnc and eggdrop), the storage and use of any type of software intended for hacking/cracking purposes and the storage or sale of bulk e-mail lists intended for spamming or resale purposes. Depending on the nature and the severity of the abuse, the user may receive an E-mail warning or have their account suspended by Emblem Technical Support. If the misuse is unintentional, the suspension may be rescinded following discussion with Emblem Technical Support. If the misuse is intentional, the suspension may be rescinded at the discretion of the Operations Manager, and may require the payment of a service re-connection charge. Occasionally, unintentional misuse is misclassified as intentional misuse. Customers who believe their activity has been misclassified may appeal to the Operations Manager. Violations of any of the Emblem conditions of use are unethical and may be criminal offences. You are expected to report to Emblem any information you may have concerning instances in which the conditions of use have been or are being violated. When Emblem becomes aware of possible violations, we will initiate an investigation. At the same time, in order to prevent further possible unauthorized activity, Emblem may suspend access to services to the individual account in question. Confirmation of violations may result in cancellation of the individual account and/or criminal prosecution. The account suspension may be rescinded at the discretion of the Operations Manager, following payment of a re-connection charge €65. In the case of SPAM, Emblem will charge a €1000 ‘clean-up’ fee, before any domain and/or files will be released.

Database, Application & eCommerce Development

Emblem cannot take responsibility for any losses incurred by the use of any software created for the client. Whilst every care has been taken to ensure products are problem free and accurate, the ultimate responsibility lies with the client in ensuring that all software is functioning correctly before use. All codes developed will be the sole ownership of client, where they are not open source and created specifically for the client. 
The client is expected to test fully any application or programming relating to a site developed by Emblem before being made generally available for use. Where “bugs”, errors or other issues are found after the site is live, Emblem will endeavor (but is not obliged to) to correct these issues to meet the standards of function outlined in the brief Compatibility Emblem will endeavor to ensure that any developed/designed site or application will function correctly on the server it is initially installed in and that it will function correctly when viewed with the web browsing software. Emblem can offer no guarantees of correct function with all browser software. Website Hosting whilst Emblem can recommend hosting companies to host websites, no guarantees can be made as to the availability or interruption of those services by Emblem. Emblem cannot accept liability for losses caused by the unavailability, malfunction or interruption of this service, or for loss of turnover, sales, revenue, profits or indirect, consequential or special loss. Therefore all sites developed by Emblem are hosted on our server, located in the DEG data center located in Dublin, Ireland. If you already have a domain name and hosting we can transfer them to our server and host for you.
 Emblem reserve the right to refuse to handle in any way, material which may be deemed offensive, illegal or in any way controversial, and also to terminate the free hosting service should the necessity arise.

Assignment

The rights and liabilities of the parties hereto will bind and inure to the benefit of their respective successors, executors and administrators, as the case may be, provided that the ACCOUNT HOLDER may not assign or delegate its rights and obligations under his business relationships with Emblem, either in whole or in part, without the prior written consent of Emblem. Emblem may assign its rights and obligations under this Agreement to a third party in connection with a merger, consolidation, and sale of all or substantially all of Emblem’s assets or other corporate reorganization.

Complete Understanding/Modification

These Terms & Conditions constitute the full and complete understanding and agreement of the ACCOUNT HOLDER and Emblem, relating to the subject matter hereof, and supersedes all prior understandings, agreements, representations and warranties relating to such subject matter. Any waiver, modification, or amendment of any provision of this Terms & Conditions, initiated by the ACCOUNT HOLDER, will be effective only if accepted in writing and signed by Emblem.

Nondisclosure

Emblem and any third party associates agrees that, except if directed by the Client, it will not at any time during or after the term of this agreement disclose any confidential information. Likewise, the Client agrees that it will not convey any confidential information about Emblem to another party.

Privacy Policy

Emblem and any third party associates shall use information provided by the Client in relation to this agreement in accordance with the Data Protection Act 1998 and also for the following purposes 1) to identify the Client in communications with them 2) to contact the Client from time to time to offer them services or products which may be of interest to or benefit the Client.

Permission and Copyright

Copyright of the completed web designs, images, pages, code and source files created by Emblem for the project shall be with the Client upon final payment only by prior written agreement. Without agreement, ownership of designs and all code is with us. These terms of use grant a non-exclusive limited license so that the Client can use the design on one web site on one domain name only. The Client is not permitted to use a design for more than one website without prior written agreement between the Client and Emblem. Client agrees that resale or distribution of the completed files in full or in part is forbidden unless prior written agreement is made between the Client and Emblem.
Client hereby agrees that all media and content made available to Emblem for use in the project are either owned by the Client or used with full permission of the original authors. The Client agrees to hold harmless, protect and defend Emblem from any claim or suit that may arise as a result of using the supplied media and content.
Client agrees that Emblem may include development credits and links within any code Developer designs, builds or amends.
Client agrees that Emblem reserves the right to include any work done for the Client in a portfolio of work.

Interpretation

Emblem reserves the right to terminate a project with a Client at any time without prior notification if it finds the Client in breach of these terms and conditions. Emblem shall be the sole arbiter in deciding what constitutes a breach. No refunds are given in such a situation. This agreement shall be governed by the laws of Ireland, which shall claim venue and jurisdiction for any legal motion or claim arising from this agreement. This agreement is void where prohibited by law. Where one or more terms of this contract are held to be void or unenforceable for whatever reason, any other terms of the contract not so held will remain valid and enforceable at law. 
Any and all matters pursuant to this agreement are governed by Irish Law and are under exclusive jurisdiction of the Irish Courts. 
 Emblem reserves the right to alter these Terms and Conditions at any time without prior notice.
By accepting a quotation or making a payment of invoice to use the services supplied, the Client acknowledges to have read, understand, and accept the Terms and Conditions of this Agreement, and agrees to be legally binding by these Terms and Conditions.
Should clarification of any of the above be required please contact us at www. Emblem.ie