Although we advertise unlimited bandwidth, we reserve the right to inform you that you must transfer your website if an excessive amount of bandwidth is being used. User may not purchase more than 1 hosting package and link them together in an attempt to get around our bandwidth or website size restrictions. We currently do not allow websites that exceed 15 GB of bandwidth per month to host on our servers. If the request is not met within 5 days, we do reserve the right to remove the website from our system.

You agree not to post any of the following restricted contents: Illegal, Abusive or Unethical Activities include, but are not limited to, pornography, obscenity, nudity, violations of privacy, hacking, computer virus, gambling, or promotion of gambling, and any harassing or harmful materials or uses, as determined by us. You agree to indemnify and hold us harmless from any claim resulting from your publications or use of Illegal, Abusive or Unethical materials.

We reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole and absolute discretion, are unacceptable, undesirable, or in violation of this Agreement.

Right to Cancel

We reserve the right to cancel Service for any reason without prior notice. In the event that a user's service is cancelled for a reason outside of this TOS, we will refund the user the unused portion of that month's service at the time of cancellation.

System Backups

We do not and will not perform system backups on any User's E-mail account(s). We shall not be held responsible for any lost E-mail data, email attachments, or any E-mail message contents, regardless of the reasoning for data loss or system causes. Except as otherwise set forth herein, we will not provide historical data, to any party for any reason, regarding any system or Internet activity.

Although we do perform system backups on hosting content, we shall not be held responsible for any lost web data, web files, or any website contents, regardless of the reasoning for data loss or system causes. User should always keep their own backup of their website. Except as otherwise set forth herein, We will not provide historical data, to any party for any reason, regarding any system or Internet activity.

We do not perform backups on the mysql databases. We shall not be held responsible for any lost data. User should always keep their own backup of their database content.

No Confidentiality

Information transmitted through us and through the Internet in general is not confidential. We can not and shall not guarantee privacy or protection of any User. We reserve the right to monitor any User's transmissions when deemed necessary for providing proper service and/or to protect the rights and property of our company.

Privacy Policy

We are strongly committed to protecting the privacy of consumers of its interactive services. Throughout cyberspace, we want to contribute to providing a safe and secure environment for consumers, and in particular, ensure that information is protected.

We do not use or disclose information about your individual visits to Intellex.com or information that you may give us, such as your name, address, email address or telephone number, to any outside companies.

We take special care to protect the safety and privacy of young people using our services. We do not specifically collect information about children and believe that children should get their parents' consent before giving out any personal information. We encourage you, the customer, to participate in your child's experience on the Internet.

If we decide to change our privacy policy we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.

Billing Policies

Current prices existing between Intellex and the Customer can be found on Intellex’s website (http://www.emptychair.net) and other publications. Emptychair reserves the right to modify its prices at any time by giving notice to the customers either via website, email, or notice in with their bill. It is the customers responsibility to check the website for changes.

Payment for an account may be made with Cash, Check, or Credit Card. Payments by the customer are for the month/year in advance and will commence on the day of signup unless Intellex and the Customer agree to other payment arrangements. Monthly payments are due on the monthly anniversary of the Customer's sign-up date.

All Customers paying by credit card/check card will have their cards charged on the monthly/yearly anniversary of the activation of their Intellex Internet Access Account.

If a Customer pays for Internet Access by check and the check is returned, the Customer's account is subject to a $10 service fee. If a Customer pays for Internet Access by credit card/check card and the card is refused, the Customer’s account is subject to a $10 service fee.

A payment is considered delinquent if not received in its entirety on the date it is due. Delinquent accounts will be suspended until payment is made or until the account is deactivated. Delinquent accounts are subject to a $15 late fee.

Failure to Comply With Terms and Conditions

We may deny User access to all or part of the Service without notice if User engages in any conduct or activities that we in our sole discretion believes violates any of the terms and conditions in this Agreement. If we deny User access to the Service because of such a violation, User shall not have the right (1) to access through us any materials stored on the Internet, (2) to obtain any credit(s) otherwise due to User, and such credit(s) shall be forfeited, (3) to access third party services, merchandise or information on the Internet through us, and we shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification.

Miscellaneous

In the event that any portion of this Agreement is held to be unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties and the remainder of the provisions shall remain in full force and effect.

Our failure to insist upon or enforce strict performance of any provisions of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between parties nor trade practice shall act to modify any provision of this Agreement.

We may modify this Agreement from time to time by placing a notice of such modification on our website, and User's continued use of the Service following notice of such modification shall be deemed to be User's acceptance of any such modification. It is User's responsibility to check this online area regularly to determine whether this Agreement has been modified. If User does not agree to any modification of this Agreement, User must immediately stop using the Service.

This Agreement shall be governed by and construed in accordance with the laws of the State of Washington without regard to its conflicts of law provisions. Any cause of action User may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.

We shall not be liable or deemed to be in default for any delay or failure in performance under this Agreement or interruption of service resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, civil disturbances, insurrections, accidents, dire, explosions, earthquakes, floods, the elements, strikes, labor disputes, shortages of suitable parts, materials, labor or transportation or any cause beyond our reasonable control.

Venue for litigation of any dispute, controversy, or claim arising out of, in connection with, or in relation to this Agreement, or the breach thereof, naming us as the defendant, shall be proper only in a venue determined by us.

In any action between us and User to enforce any of the terms of this Agreement, We shall be entitled to recover expenses, including reasonable attorney's fees.

This Agreement constitutes the entire agreement between User and us with respect to the Service.