Terms of Services
All services provided by SmartServerHost ("SmartServerHost") may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any United States federal, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute.
The subscriber agrees to indemnify and hold harmless SmartServerHost from any claims resulting from the use of service which damages the subscriber or any other party.
SmartServerHost is not responsible for any damages your business may suffer. SmartServerHost makes no warranties of any kind, expressed or implied. SmartServerHost is not responsible for any loss of data or damages due to service interruptions.
Examples of unacceptable content or links:
CPU/Resource Intensive Programs
Denial of Service Attacks
Spamming / Email Marketing
Hacking / Cracking
Transmissiong or storage of any data or material that is in violation or regulation of any law is prohibited. This includes but not limited to: copywritten material, trademarks, or any other illegal content including: MP3s, Movies, Pirated Software, and Hacker Programs.
Warez, image/file dumps, mirrors
Sale of controlled substances
IP Scanning, bruteforce programs and spam scripts
All account plans come with a predetermined amount of traffic allowance. Services may be suspended upon going over the services alloted bandwidth. Additional bandwidth may be purchased at anytime.
Fair Use Policy (FUP Plans)
Fair use bandwidth plans (shared unmetered plans) are intended for common web hosting usage. These ports follow what is considered a 'fair use' distribution and are different than dedicated unmetered port (DUP) bandwidth plans. Expected usage on dedicated servers, hybrid servers 30% of the port capacity. Expected usage on VPS services is 10% of port capacity. Applications that may find themselves in violation of 'fair use' include, but are not limited to: high traffic CDN, unrestrained torrenting, videos streaming, and file sharing. Many customers find themselves able to easily manage traffic within the fair use boundaries. Sustained usage may result in port rate limiting or traffic shaping at SmartServerHost's sole discretion until a fixed bandwidth or dedicated port option is arranged.
Account Transfer / Push Policy:
SmartServerHost charges a $15.00 one-time administrative fee for each service requested to be transferred to another party. The fee must be paid prior to the transfer being complete. Additionally the service must be up to date with no outstanding / current created invoice.
SmartServerHost at its sole discretion reserves the right to deny any transfer request.
Any attempt to undermine or cause harm to a server or customer of SmartServerHost is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your account will be cancelled without chance of refund.
Prohibited are sites that promote any illegal activity or present content that may be damaging to SmartServerHost' servers, or any other server on the Internet. Links to such materials are also prohibited.
Server Abuse Fee
SmartServerHost has a zero tolernance for abuse. As such any abuse complaint received will be charged a fee of $50 USD/IP/Incident.
Accounts will not be activated until the first months payment is received and the account is verified. Users will receive invoices via email at least one week prior to the service due date. Invoices must be paid on or by the date of the invoice. Failure to pay the invoice on time will result in account suspension. Accounts that are past due are subject to termination. If an account is terminated all data will be terminated and will not be recoverable. SmartServerHost is not responsible for any data loss due to non-payment.
Refusal of Service
We reserve the right to refuse, cancel or suspend service, at our sole discretion.
All sub-networks, distributive hosting sites and dedicated servers of SmartServerHost must adhere to the above policies, with the exception of system resources in respect to dedicated servers.
Server Uptime Guarantee
SmartServerHost guarantees 99.99% service (http, ftp, pop, imap, smtp) uptime on all hosting plans. Should we fail to deliver this for any given calendar month, your account will be refunded a pro-rated amount for the duration of excessive downtime.
SmartServerHost reserves the right to amend any or all of the above policies, guidelines and disclaimer without notification. We also retain the right to increase any pricing and make changes to our account plans without notification.
By activating your account with SmartServerHost, you agree to the above policies and disclaimer. Upon requesting activation of an account, you are required to accept these policies, guidelines and disclaimer, and a copy of your acceptance is forwarded along with your activation request to be maintained with your account information.
NOTICE: If you sign up for an account and fail to comply with these terms, no refunds will be given. We will, however, advise you by e-mail or phone prior to taking any action to provide you with an opportunity to correct the problem.
Violations of these Acceptable Use Policies should be referred to [email protected]. All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate account deactivation.
We DO NOT refund partial monthly fees to accounts. We require 30 days notice for a cancellation.
Money back guarantee & refund policy
We do not generally refund cancelled contracts. For example, if your contract is quarterly and you request a refund after two months, no refunds will be admitted. No refunds are issued for setup charges, add-on charges, domain-registrations, add-on purchases, SSL certificates or overage charges. In case of AUP violations, any and all refunds are forfeit.
Credit Card Policy
Additional verification for orders paid via credit card may be required. Verification includes a copy of the photo ID and credit card used at the time of purchase. If the account is not verified we reserve the right to cancel the order. All credit card payments are billed automatically on the service due date.
Payments are considered past due 1 day after the due date. Accounts that become past due are subject to a 25% late fee that will be applied to the service invoice. The late fee must be paid prior to the service being reactivated.
By the Account Activation Date of each month, SmartServerHost shall either:
(1) debit the client's credit card (when such information has been provided by the client); or
(2) deliver, by e-mail or regular mail, an invoice in accordance with the applicable Service Fees for services rendered for the current month. When an invoice is delivered to the client, payment shall be remitted to SmartServerHost by no later than the specified payment due date. SmartServerHost shall be entitled to immediately terminate this agreement for client's failure to make timely payments. You will be provided with an invoice on a monthly basis. All credit cards are billed automatically on a monthly basis. It is the client's responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.
Limitation of Liability
SmartServerHost shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from SmartServerHost's servers going off-line or being unavailable for any reason whatsoever. Furthermore, SmartServerHost shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of SmartServerHost ' servers. All damages shall be limited to the immediate termination of service.
SmartServerHost cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by SmartServerHost are resold. Thus, certain equipment, routing, software and programming used by SmartServerHost are not directly owned or written by SmartServerHost. Moreover,
SmartServerHost holds no responsibility for the use of our clients' accounts. Failure to comply with any terms or conditions will result in the automatic deactivation of the account in question. We reserve the right to remove any account, without advance notice for any reason without restitution, as SmartServerHost sees fit.
All affiliate payments are made either on the 1st or the 15th of each month. Payouts will be subject to manual review.