1. Disclosure to Law Enforcement: Any illegal activities will be reported to the proper authorities and those accounts will be cancelled. Therefore, the Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP number This should never happen unless you cancel your credit card and forget to update us with the new credit card. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS. 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.

2. Payment: Establishment of this service is dependent upon receipt by the Company of payment of stated charges.

3. Payments and Fees: Service will be interrupted on accounts that reach 10 days past due. For 30 days the client has the right to request a refund.

4. Refund and Disputes: All payments to Lowest Host 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.

5. 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.

6. Account Cancellation: All requests for canceling accounts must be made at least 72 hours prior the next billing period. Help canceling an account email Contact us.

7. 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.

8. Support: Lowest Host , 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.

9. SPAM and Unsolicited Commercial Email (UCE): Empire Hosting takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Lowest Host may not use or permit others to use our network to transact in UCE. Customers of Lowest Host 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.

a. Violation of Lowest Host's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, Empire Hosting will initiate an immediate investigation (within 48 hours of notification). During the investigation, Empire Hosting may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, Lowest Host may, at its sole discretion, restrict, suspend or terminate customer's account. Further, Lowest Host 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.

b. 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" not to exceed $150 (1 Hr min) per hour that Lowest Host 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 reported to a fee of $150 per incident

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

PLEASE, DO NOT SPAM from your account.

10. 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 Lowest Host's sole and absolute discretion. If Lowest Host 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. 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 TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
v. Taking any action in order to obtain services to which such User is not entitled.

11. Notification of Violation:

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

b. First violation: Any User, which Empire Hosting determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Lowest Host'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.

12. Suspension of Service or Cancellation: Lowest Host reserves the right to suspend network access to any customer if in the judgment of the Lowest Host network administrators the customer's server is the source or target of the violation of any of the other terms of the AUP or for any other reason which Lowest Host 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.

13. Lowest Host 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.

14. Indemnification: Lowest Host wishes to emphasize that in agreeing to the Lowest Host Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Lowest Host for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Lowest Host or the bringing of any claim against Lowest Host by any third-party. This means that if Lowest Host 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, plus all costs and attorney's fees.

15. 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.

a. A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a waiver of any breach of any other provision thereof.

b. Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this contract at anytime without further obligation.

c. Lowest Host takes no responsibility for any material input by others and not posted to the Lowest Host Network by Lowest Host. Lowest Host is not responsible for the content of any other websites linked to the Empire Hosting Network; links are provided as Internet navigation tools only. Lowest Host disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

d. Lowest Host is not responsible for any damages your business may suffer. Lowest Host does not make implied or written warranties for any of our services. Lowest Host denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Lowest Host. of data because of and not limited to Hard ware failure,Network conditions, and theft It is not our responsibility to back up your data

16. IRC Servers: Lowest Host/Empire Technology subscribers are not permitted to run IRC servers

17. Adult Content: - Adult Content or links to Adult Content are not permitted on Empire Hosting Servers Exept with special authorization.

Lowest Host/Empire Technology 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).

LowestHost Reserves the right to revise the above mentioned policies at any time.