Terms of Service

Terms of Service

Smart-Serv.net agrees to furnish services to the Subscriber, subject to the following Terms of Service. Use of Smart-Serv.net's service constitutes acceptance and agreement to Smart-Serv.net's Terms of Service.

Smart-Serv.net reserves the right to modify the Terms of Service without notice.

1. Use of Services

    You may use our services, provided that you are of legal age to form a binding contract and are not barred from receiving such services under the laws of the Canada or other jurisdictions. In order to access our services, you are required to provide current and factual identification, contact, and other information as part of the registration process. You are responsible for the confidentiality of your account information and for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify Smart-Serv.net of any unauthorized use of your account or any other breach of security. Smart-Serv.net will not be liable for any loss or damage as a result of your failure to provide us with accurate information or to keep your account secure.

2. Acceptable Conduct

    You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using Smart-Serv.net. You will not engage in any activity that interferes with or disrupts Smart-Serv.net's services or networks connected to Smart-Serv.net.

3. Prohibited Usage

    You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund and the possibility that Smart-Serv.net will impose fees; and/or pursue civil remedies without providing advance notice.

    Misuse of System Resources: Intentional misuse of system resources, including but not limited to employing programs that consume excessive network capacity, CPU cycles, or disk IO.

    Spam and Unsolicited Bulk Email (UBE): Smart-Serv.net has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of Smart-Serv.net whether or not the message actually originated from our network.

    Mailing Lists: Smart-Serv.net's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.

    Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.

    SmartServ Hosting and the services it provides may only be used for
lawful purposes. Transmission, distribution, or storage of any information,
data or material in violation of Canada or province regulation or law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. Smart-Serv.net's services may not be used to facilitate infringement of these laws in any way.

    Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of Smart-Serv.net or Smart-Serv.net's customers.

    Providing False Data on any Contract or Application: including fraudulent use of credit card numbers.

SmartServ Hosting does not prohibit the use of distributed, peer to peer network services such as Tor, nor does SmartServ Hosting routinely monitor the network communications of customer SmartServ Hostings as a normal business practice. However, customers are responsible for the contents of network traffic exiting their SmartServ Hosting. Any usage that prompts the receipt of abuse complaints pertaining to violation of Canada and/or international copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.

4. Invoicing and Payment

    You agree that Smart-Serv.net shall be permitted to charge your credit card on a monthly, annual, or other agreed upon basis in advance of providing services. Payment is due upon invoicing. Service may be interrupted on accounts that reach 10 days past due. Accounts that are not collectable by Smart-Serv.net may be turned over to an outside collection agency for collection.

    Subscriber is aware that Smart-Serv.net may prospectively change the specified rates and charges from time to time.

    Smart-Serv.net is not responsible for any additional bank fees, interest charges, finance charges, over draft charges, or other fees resulting from charges billed by Smart-Serv.net. Currency exchange settlements will be based on agreements between you and the provider of your credit card. Pro-rated credits are issued for unused services when customer retains any active service. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested via the cancellation form. All refunds are subject to