In General
SmartyHost, wishes to provide our customers with a positive web hosting
experience. To accomplish this, all customers need to follow the same
rules and guidelines. These policies are intended to maintain
SmartyHost's high quality level of services and make them available to
all our customers on a fair, consistent and efficient basis.
By
accepting web hosting services from SmartyHost, you acknowledge your
acceptance to be bound by these terms and conditions. If you do not
agree to these terms and conditions, please follow the steps described
in Cancellation of Service below.
Web Site Content
SmartyHost is not obligated to monitor the network for the purpose of
examining customer's content. You hereby acknowledge that if we are
made aware of content that is determined to be, in SmartyHost's sole
discretion, unacceptable, undesirable, offensive, indecent, obscene,
excessively violent or otherwise objectionable, SmartyHost has the
right, but not the obligation, to edit, remove or deny access to such
content. SmartyHost may disclose any content or records concerning
customer's account as required to satisfy any legal requirement,
regulation, government request or court order.
Pornography
and sex-related merchandising are expressly prohibited on SmartyHost
servers. This includes implying sexual content, display of nudity, or
any link to adult content anywhere else. This is also true for sites
that promote illegal activity of any type or content that may be
damaging to SmartyHost's servers or any other servers on the Internet.
Links to such materials are also prohibited. In addition, the sale of
or promoting bulk email services are not allowed. Non-acceptable
content or links include but are not necessarily be limited to:
- Adult Content Sites - Any erotic or pornographic material, links to adult sites, or advertisements for adult sites.
- Pirated
Software Sites (Warez) - Any software that is copyrighted and not
freely available for distribution without cost; i.e. ROMs, ROM
Emulators and MPEG Layer 3 files (MP3).
- Copyright
Violations - Violation of copyrights held by individuals and
corporations or other entities can result in civil and criminal
liability for the infringer.
- Hacking/Phreaking
- Includes sites with material, links, or resources for hacking,
phreaking, viruses, anarchy, or any type of site that promotes or
participates in willful harm to Internet sites or providers.
System Security
Customers may not use the SmartyHost Networks to attempt in any way to
circumvent user authentication or security of any host, network, or
account. This includes, but is not limited to, accessing any data not
intended for the customer, logging into any server or account the
customer is not expressly authorized to access, password cracking,
probing the security of other networks in search of weakness, or
violation of any other organization's security policy. Customers may
not attempt to interfere or deny service to any user, host, or network.
This includes, but is not limited to, flooding, mail bombing, or other
deliberate attempts to overload or crash a host or network. SmartyHost
will cooperate fully with investigations of violations of systems or
network security at other sites, including cooperating with law
enforcement authorities in the investigation of suspected criminal
violations. Users who violate system or network security may incur
criminal or civil liability.
Use of CGI Scripts
SmartyHost accounts come equipped with a pre-configured CGI-Bin.
Customers are free to use any CGI-scripts provided with their account
or add any additional ones they require. If any CGI-scripts are deemed
to be adversely affecting the server performance or the network
integrity, they may be shut down without prior notice. CGI-script
sharing with domains not hosted by SmartyHost is not allowed.
Excessive Resource Usage
Any web site that uses an excessively high amount of server resources
including but not limited to CPU time, memory, and network bandwidth
will be given an option of either upgrading their service level or
reducing the resource used to an acceptable level.
Programs Running in Background
Background programs are prohibited unless prior approval is received
from SmartyHost. SmartyHost will consider requests on a one for one
basis. approved, extra charges will be assessed based on resource
requirements or system maintenance.
Spamming Not Permitted
You must not use any SmartyHost Network, SmartyHost's equipment or any
SmartyHost email address in connection with the transmission of spam,
flames, mail bombs, or substantially similar, unsolicited email
messages. Your domain may not be referenced as originator,
intermediary, or reply-to address in any of the above. This shall
include the sending of unsolicited mass mailings from any other service
that in any way implicates the use of the SmartyHost Network,
SmartyHost equipment or any SmartyHost email address. A message is
considered to be unsolicited if it is posted in violation of a
newsgroup charter or if it is sent to a recipient who has not requested
or invited the message. Simply making one's email address accessible to
the public will not constitute a request or invitation to receive
messages, for purposes of enforcing this provision.
When
any customer is found to have been engaged in spamming in violation of
this agreement, SmartyHost reserves the right to disable that
customer's web site without warning. In addition, SmartyHost may impose
a $200 penalty for each spam policy violation. SmartyHost solely
reserves the right to refuse or cancel service to spammers. SmartyHost
reserves the right to determine what violates this policy. As such, any
violation may result in cancellation of services without refund.
Copyrights and Infringement
Material available to you when using SmartyHost's services may be
subject to protection under copyright laws, or laws protecting
trademarks, trade secrets and/or proprietary information. Except when
expressly permitted by the owner of such copyrights, you must not use
the SmartyHost Service in a manner that would infringe, violate, dilute
or misappropriate any such rights, with respect to any material, that
you access or receive through the SmartyHost Network. If you use a
domain name in connection with the SmartyHost Service or similar
service, you must not use that domain name in violation of any
trademark, service mark, or similar rights of any third party.
Defamation Prohibited
Defamatory speech distributed over the Internet can result in civil liability for the defamer.
Refusal of Service
SmartyHost reserves the right at its sole discretion to refuse or
cancel service. Violation of any of SmartyHost's Rules and Regulations
could result in a warning, suspension, or possible account termination.
Accounts terminated due to policy violations will not be refunded
including during the 30 Day money back guarantee period.
Cancellation of Service
Domain Name Registrations:
All domain names can be cancelled within first 3 days of registration.
All fees will be fully refunded. After 3 days we are not able to cancel
and refund the domain name registration or renewal.
Web Hosting Services:
Within 30 Days:
Cancellations done within first 30 days from starting the service will
be refunded minus $50 cancellation fee. The $50 fee is use to recover
the setup cost of the hosting service. No refund is provided for $20
Email Hosting service and no cancellation fee is charged.
After 30 Days
30 days after the account is setup on our servers, no refunds are provided.
150MB Cancellations
If 150MB yearly plan is cancelled within 30 days and the .com, .net,
.org, .info, or .biz is registered free as part of the package, then
the full cost of the free domain will be charged in addition to the $50
cancellation fee.
Cancellation Process:
To
cancel services you must open a help desk ticket on Level 3 support.
This allows us to verify your details before cancellation. We cannot
accept cancellation via phone or email.
We
cannot accept cancellation requests over the phone. Cancellation cannot
be done for domain names. If domain name is offered free as part of the
hosting package and the package is canceled the refund will include the
package price minus the domain name price.
SmartyHost to be Held Harmless
Customer agrees that it will protect, indemnify, save and hold
SmartyHost, harmless from any and all stipulations, liabilities,
losses, expenses and claims, as well as reasonable legal fees assessed
against SmartyHost, its agents, customers, officers, employees and
administration that may arise or result from any service provided or
performed or agreed to be performed or any product sold by it's
customers, agents, employees or assigns. Customer agrees to defend,
indemnify and hold SmartyHost, harmless against liabilities arising out
of;
1. any injury to person or property caused by any products sold or distributed in association with SmartyHost Services;
2. any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
3. copyright violation and any defective products sold to a customer from SmartyHost Services.
Disclaimer
SmartyHost will not be responsible for any damages your business may
suffer. SmartyHost makes no warranties of any kind, expressed or
implied for services we provide. SmartyHost disclaims any warranty or
merchantability or fitness for a particular purpose. This includes data
loss resulting from delays, non-deliveries, wrong delivery, and any and
all service interruptions of any kind caused by SmartyHost and its
employees. SmartyHost reserves the right to amend or update these
policies without notice. Failure to follow any terms and conditions may
result in account deactivation.
SmartyHost
furthermore expects that its customers who resell our Internet services
to others will fully comply with all applicable laws concerning the
privacy of on-line communications. A customer's failure to comply with
those laws will violate this policy. Finally, SmartyHost wishes to
emphasis that in accepting services, customers indemnify SmartyHost for
the violation of any law or SmartyHost policy, that results in loss to
SmartyHost or the bringing of any claim against SmartyHost. This means
that if SmartyHost is sued because of activities of the customer that
violate any law, or this policy, the customer will pay any damages
awarded against SmartyHost, plus costs and reasonable legal fees.
Should
any portion of this Terms of Use Agreement be found to be in violation
of any law in any locality, then this agreement shall be deemed to be
modified only to the extent necessary to be considered legal and
enforceable in such locality only.
@hm Website Design & IT Support Services is a registered reseller of Domain and hosting products for Smartyhost Pty Ltd.
