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1.) Account Setup
We will setup your account
after we have received payment and we and/or our payment partner(s)
have screened the order(s) incase of fraud. It is your responsibility
to provide us with an email address which is not @ the domain(s)
you are signing up under.
2.) Content
All services provided by us may only be used for
lawful purposes. This includes, but not limited to: copyrighted
material, material we judge to be threatening or obscene,
pornography.
Examples of unacceptable material:
IRC Bots
Warez Sites
Pirated Software
Hate sites
Hack programs and archives
3.) Zero Tolerance Spam Policy
We take a zero tolerance stance
against sending of unsolicited e-mail, bulk emailing, and
spam. "Safe lists" and
"double optin" will be treated as spam. Any user
who sends out spam will have their account terminated without
notice.
We reserve the right to require changes or disable as
necessary any web site, account, database, or other component
that does not comply with this policy, at its sole discretion.
We also reserves the right to make any such modifications in an
emergency at our sole discretion.
We reserve the right to charge the holder of the
account used to send any unsolicited e-mail a clean up fee. This
cost of the clean up fee is left entirely to the discretion of
SmartPageHosting.com. All rights reserved.
4.) Payment Information
You agree to supply appropriate payment
for the services received from us, in advance of the time
period during which such services are provided. You agree
that until and unless you notify SmartPageHosting.com of your desire
to cancel any or all services received, those services will
be billed on a recurring basis.
We reserve the right to change the monthly payment amount and
any other charges at anytime.
5.) Backups and Data Loss
Your use of the service is at your
sole risk. We are not responsible for files and data residing
on your account. You agree to take full responsibility for
files and data transferred and to maintain all appropriate
backup of files and data stored on our servers.
6.) Cancellation and Refunds
We reserve the right to cancel
the account at any time.
Customers may cancel at any time. We give you an
unconditional 30 day money back guarantee on managed shared
hosting, and reseller solution's. Refund requests after 30 days
will be refunded on a prorated basis of any unused time.
Only first-time accounts are eligible for a refund. For
example, if you've had an account with us before, cancelled and
signed up again, you will not be eligible for a refund or
if you have opened a second account with us.
7.) Resource Usage
Users may not initiate the following:
a) Use 25% or more of system resources for longer then 90
seconds. There are numerous activities that could cause such
problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run any type of interactive real-time chat applications
that require server resources. Remotely-hosted services are
fully allowed.
c) Run stand-alone, unattended server-side processes at any
point in time on the server. This includes any and all daemons,
such as IRCD.
d) Run any software that interfaces with an IRC (Internet
Relay Chat) network.
e) Run any gaming servers such as counter-strike, half-life,
battlefield1492, etc
8.) Bandwidth Usage
You are allocated a monthly bandwidth
allowance. This allowance varies depending on the hosting
package you purchase. Should your account pass the allocated
amount we reserve the right to suspend the account until the
start of the next allocation, suspend the account until more
bandwidth is purchased at an additional fee, suspend the account
until you upgrade to a higher level of package, terminate
the account and/or charge you an additional fee for the overages.
Unused transfer in one month cannot be carried over to the
next month.
9.) Money back Guarantee
On dedicated servers, and colocation
no full refund will be honored, the 30 day money back guarantee
does not apply. We reserve the right to refund a prorated
amount or no refund at all.
10.) Price Change
The amount you pay for hosting will never
increase from the date of purchase. We reserve the right to
change prices listed on our site, and the right to increase
the amount of resources given to plans at any time.
11.) Indemnification
Customer agrees that it shall defend,
indemnify, save and hold us harmless from any and all demands,
liabilities, losses, costs and claims, including reasonable
attorney's fees asserted against us, its agents, its customers,
officers and employees, that may arise or result from any
service provided or performed or agreed to be performed or
any product sold by customer, its agents, employees or assigns.
Customer agrees to defend, indemnify and hold harmless any liabilities
arising out of; (1) any injury to person or property caused
by any products sold or otherwise distributed in connection
with us; (2) any material supplied by customer infringing
or allegedly infringing on the proprietary rights of a third
party; (3) copyright infringement and (4) any defective products
sold to customers from HostGator.com's server.
12.) Disclaimer
We will not be responsible for any damages
your business may suffer. We make no warranties of any kind,
expressed or implied for services we provide. We disclaims
any warranty or merchantability or fitness for a particular
purpose. This includes loss of data resulting from delays,
no deliveries, wrong delivery, and any and all service interruptions
caused by us and our employees.
13.) Changes to the TOS
We reserve the right to revise its
policies at any time without notice.
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