Terms of Service
Last updated: March 2026
1. The Company
These Terms of Service and Use govern the relationship between you and Embnex LLC, a company registered in the State of Florida, United States, headquartered at 7345 W Sand Lake Road Ste 210, Office 6234, Orlando, FL 32819, operating under the trade name "Embnex" and providing its services through the website www.embnex.com. These terms apply globally to all services provided by Embnex, regardless of the client's geographic location.
2. Prohibited Content & Activities
Under no circumstances will we allow the use of the following on our infrastructure: any application or code that may harm other users of the service; any malicious application or code intended to bypass limitations imposed by Embnex; any content that is pornographic, defamatory, or that exposes personal data of third parties without consent; any application that consumes enough bandwidth or resources to negatively impact other clients; public proxy servers of any kind accessible without authentication or with credentials shared publicly; cryptocurrency mining or similar applications without prior written authorization; DDoS attacks, port scanning, or network probing of third-party systems; hosting phishing sites, malware distribution, or command-and-control infrastructure; sending spam or unsolicited bulk email. For any proxy or similar service, the client must contact our support team to request authorization, subject to immediate cancellation without refund if authorization is not granted. Any attempt to perform any action resulting in the above will give Embnex the right to cancel the service immediately without refund.
3. DMCA & Copyright
Embnex complies with the Digital Millennium Copyright Act (DMCA). If you believe content hosted on our infrastructure infringes your copyright, submit a DMCA takedown notice to [email protected] including: identification of the copyrighted work, the infringing material URL or IP address, your contact information, and a statement of good faith. We will respond within 48 hours. Repeat infringers will have their services terminated.
4. Abuse Reports
To report abuse, spam, or any violation of these terms, contact [email protected]. We investigate all reports and take appropriate action, which may include warning, suspension, or immediate termination of the offending account without refund.
5. Bare-Metal Server Usage
When purchasing a Bare-Metal server, you are acquiring a dedicated physical server with exclusive access to all contracted hardware resources (CPU, RAM, storage). Network bandwidth is dedicated per the contracted plan (1×10GE to 2×100GE). The client has full root access and is solely responsible for the software, security, and configuration of their server. Any use of the server for DDoS attacks, cryptocurrency mining without authorization, or activities that violate these terms will result in immediate suspension and cancellation without refund.
6. Colocation Usage
When purchasing a Colocation service, you are acquiring physical space (rack, cage, or suite) in our data centers with access to redundant power, cooling, and connectivity. The client is responsible for their own hardware and its configuration. Embnex provides the physical infrastructure, power, cooling, and network connectivity as contracted. Remote Hands services are available 24/7 for hardware operations. The client must comply with our data center access policies, including prior scheduling and identification requirements.
7. IP Transit Usage
When purchasing IP Transit, you are acquiring network connectivity with BGP support. The client is responsible for their own routing configuration and prefix announcements. Bandwidth is provided according to the contracted port and commitment level. Any use of the transit service for traffic amplification attacks, IP spoofing, or any activity that may compromise the integrity of our network or third-party networks will result in immediate suspension.
8. DDoS Protection
Embnex offers DDoS protection as part of its services. Protection capacity and scope depend on the contracted plan. We use our best efforts to mitigate attacks but do not guarantee that all attacks will be fully mitigated. If at any time an attack exceeds our mitigation capacity or risks compromising the network for other clients, we reserve the right to null-route the affected IP addresses for a temporary period until the attack subsides. Embnex reserves the right to cancel any service under advance notice of at least 6 hours, referring to cancellations due to massive attacks that exceed the fair use policy, as determined solely by Embnex.
9. Backups & Data
Embnex is not responsible for any loss of files or data stored on any of our contracted services. The client is solely responsible for maintaining up-to-date backups of their data. While Embnex may perform periodic backups as a courtesy for certain services, these backups are not guaranteed and should not be relied upon as the primary backup strategy.
10. Customer Support
Embnex offers customer support 24/7/365 via tickets on our website and through our official contact emails. Business hours for commercial inquiries are Monday through Friday, 9 AM to 6 PM EST. Responses outside business hours may occur but are not guaranteed for non-critical issues.
11. Delivery Times
All services except dedicated servers are activated automatically upon payment confirmation. Bare-Metal dedicated servers have a delivery timeframe of up to 72 business hours. If the service has not been delivered after this period, the client may request a full refund.
12. Downtime & SLA Policy
Embnex services are covered by our Service Level Agreement (SLA) of 99.0% uptime. Compensation is provided as credit on the next invoice according to the tiers defined in our SLA document. Exclusions include: packet loss leaving the network unstable but minimally available, routing errors affecting a portion of users, routing errors to the data center that are outside Embnex's control, and downtime caused by the client or their software.
13. Refund Policy
You may request a refund within 7 calendar days of service activation, in accordance with applicable consumer protection laws. Bare-Metal dedicated servers, being personalized and exclusive services requiring physical setup, are eligible for refund as account credit only, which can be used for future Embnex services.
14. Suspension & Cancellation
Embnex reserves the right to suspend and cancel any service that does not receive payment by the due date. Bare-Metal servers are suspended immediately upon payment due date. Other services have a 72-hour grace period after the due date before suspension. After suspension, all access to server files and control panel is blocked; access is restored upon payment. Services are permanently cancelled and all data deleted after 5 calendar days from the due date for standard services, or 24 business hours for dedicated servers. Embnex is not responsible for data loss due to cancellation from non-payment.
15. Contract Termination
Either party may terminate this contract at any time by cancelling the service. Embnex may, at its sole discretion, deny the renewal of an active service respecting the current billing period, or deny the provision of a new service with a full refund.
16. Fair Use Policy
The Fair Use Policy (FUP) protects the integrity of the Embnex network. If you exceed a predetermined fair usage threshold within a given period, we reserve the right to null-route your IPs to maintain network integrity for all users. For DDoS protection: we will use our full scrubbing capacity to mitigate attacks. If an attack exceeds our capacity and risks compromising the network, affected IPs will be null-routed for a specific period (typically two hours) until the attack subsides.
17. Limitation of Liability
Embnex's total liability is limited to the amount paid for services in the 12 months preceding the claim. We are not liable for indirect, incidental, special, or consequential damages, including but not limited to loss of profits, data, or business opportunities.
18. Privacy
Embnex will never request any password for our services. All your files are confidential and all access to our website is encrypted via SSL. Embnex will only release access to client account logs if required by a court order. Please be aware of all your actions when using our services.