The SmartHost

TERMS OF SERVICE

Terms of Service (TOS) [March 1, 2007]

THIS AGREEMENT BETWEEN The SmartHost and you where “you” is referred to as (“Account Holders "Users", “Members”, “Customers”, or “Subscribers”)

WHEREAS The SmartHost agrees to furnish IT - internet based services associated with web sites, web hosting, and domain registration to the User.

Use of The SmartHost Service constitutes acceptance and agreement to The SmartHost's policies are subject to the terms above and as follows:

Content:
At The SmartHost, we strongly prohibit the use of any our service for any illegal activities.

Although we are a global web hosting service provider, all our subscribers must be in accordance with U.S. Federal, State and local laws. Ultimately you, the customer, are solely responsible for the content stored on your The SmartHost account.

User shall not include content, or internet links to content on the Site that contain, promote or involve any of the following. Examples include but are not limited to:

1. Any copyright, patent, trademark, or other intellectual property right.

2. Child Pornography

3. Hate content

4. Threatening, racial, or otherwise abusive content.

5. Any and all content inciting, instructing, or promoting illegal activities.

6. Fraud, MLM (Multi-Level Marketing), Pyramid schemes, or any other activities deemed to be fraudulent.

7. Hacking/Phreaking, warez, cracks, spam software or any material that contains a virus or any other harmful code.

Payment:
Establishment of service is reliant upon receipt by the Company of payment of affirmed charges. Following payments are due on the anniversary date of the month for that month's service.

Payments and Fees:
Accounts that reach 7 days past due will be suspended. Accounts that are not collectable by The SmartHost may be turned over to an outside collection agency for collection. If you desire to cancel your account, please follow the proper procedure to do this as outlined in this TOS.

Failure to Pay:
The Company may temporarily deny service or terminate this Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

Account Cancellation:
Requests for canceling accounts may be made in writing or through the helpdesk system.
The SmartHost’s preferred method of cancellation is via the helpdesk of your The SmartHost account. Please log into the helpdesk and you can request to have your account cancelled.

Disclosure to Law Enforcement:
At The SmartHost, we specifically forbid the use of our service for any unlawful activities. Therefore, User agrees that the Company may reveal any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition The SmartHost shall have the right to terminate all service set forth in this Agreement.

Support Boundaries:
The SmartHost, provides technical support to our subscribers and our staff is limited to our area of expertise.

The following are our guidelines when providing support:

• The SmartHost does not offer tech support for application specific issues such as cgi programming, html or any other such issue.
• The SmartHost does not provide technical support for YOUR customers. If you can email, we encourage you to email support@thesmarthost.com for assistance.

SPAM and Unsolicited Commercial Email (UCE):
The SmartHost takes a zero tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The SmartHost may not use or permit others to use our network to transact in UCE. Customers of The SmartHost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

Violation of The SmartHost's SPAM policy will result in severe penalties. Upon notification of an alleged violation of our SPAM policy, The SmartHost will initiate an immediate investigation (within 48 hours of notification). During the investigation, The SmartHost may restrict customer access to the network to prevent further violations. If a customer is found to be in violation of our SPAM policy, The SmartHost may, at its sole discretion, restrict, suspend or terminate customer's account. Further, The SmartHost reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. The SmartHost will notify law enforcement officials if the violation is believed to be a criminal offense.

As our Customers are ultimately responsible for the actions of their clients over the The SmartHost network, it is advisable that customers develop a similar, or stricter, policy for their clients.

Network

Bandwidth and Disk Usage:
Customer agrees that bandwidth and disk usage shall not exceed the number of megabytes per month for the Services ordered by Customer on the Order Form (the "Agreed Usage"). The SmartHost will monitor Customer's bandwidth and disk usage. The SmartHost shall have the right to take corrective action if Customer's bandwidth or disk usage exceeds the Agreed Usage. Such corrective action may include the assessment of additional charges, disconnection or discontinuance of any and all Services, or termination of this Agreement, which actions may be taken is in The SmartHost's sole and absolute discretion. If The SmartHost takes any corrective action under this section, Customer shall not be entitled to a refund of any fees paid in advance prior to such action. In the event that a customer exceeds the included allocation, YourHosting may, at its sole discretion, collect a deposit, in an amount determined by The SmartHost, against customer's credit card on file with The SmartHost.

System and Network Security:
Users are prohibited from violating or attempting to violate the security of The SmartHost Network. Violations of system or network security may result in civil or criminal liability. YourHosting will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access.

Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".

Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.

Taking any action in order to obtain services to which such User is not entitled.

Notification of Violation:

The SmartHost is under no duty to look at each customer's or user's activities to determine if a violation of the TOS has occurred, nor do we assume any responsibility through our TOS to monitor or police Internet-related activities.

Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.

The SmartHost takes no responsibility for any material input by others and not posted to the The SmartHost Network by The SmartHost. The SmartHost is not responsible for the content of any other web sites linked to the The SmartHost Network; links are provided as Internet navigation tools only. The SmartHost disclaims any responsibility for any such inappropriate use and any liability to any person or party for any other person or party's violation of this policy.

The SmartHost is not responsible for any damages your business may suffer. YourHosting does not make implied or written warranties for any of our services. The SmartHost denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by The SmartHost.

It is absolutely forbidden to IRC servers on. Accounts found hosting this material will be subject to immediate cancellation without refund.

REFUNDS AND GUARANTEES
Money back guarantee on all our web hosting plans and packages:
To prove to you how confident we are in our services, we will offer you a 30 day money back guarantee on web hosting plans and packages. Domain name registration and transfers are non-refundable. If for any reason you are not completely satisfied with our services and cancel your account within the initial 30 days from the initial order date of your account we will refund you all your money (excluding any setup fees). Refunds may take up to two weeks to process.

Please note:
The SmartHost will not issue refunds to users who have their account terminated by The SmartHost, for breach of our terms of service. Refunds will not be made to users who exceed their allocated bandwidth limit. Accounts that are renewed for additional terms are also not subject to our money back guarantees.

99.5% uptime guarantee:
If for any reason (except for scheduled downtimes) our network or servers are down for longer than 0.5% in any month, you can request a 20% discount for your following month's services. For clients paying yearly, the equivalent to 20% of a monthly payment will be deducted off the next payment.

Responsibility for Content:
You, as The SmartHost's customer, are solely responsible for the content stored on and served by your The SmartHost server.

All provisions of this contract are subject to the TOS (Terms of Service) of YourHosting and AUP (Acceptable Use Policy). The AUP may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.