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 a $5.00 service charge unless cancelling within the 7 day money-back guarantee period.
5. Uptime Guarantee
Smart-Serv.net provides a 99.9% uptime guarantee on all SmartServ Hosting
hardware, and on network connectivity, excluding scheduled and emergency
maintenance windows. In any given month, if your SmartServ Hosting is down for more than 0.1%, you may request a pro-rated credit for the down-time.
6. Support Boundaries
Smart-Serv.net, provides 24 x 7 technical support to our subscribers via our Support Ticket system. The following are our guidelines when providing support: Smart-Serv.net provides support related to your SmartServ Hosting virtual server physically functioning. Smart-Serv.net does not offer technical support for application specific issues such as application configuration, cgi programming, web or mail server configuration, or any other such issue. Smart-Serv.net does not provide technical support to your customers. Please feel free to check our Frequently Asked Questions, our Community Resources, post to our Community Forums, or ask for help in our IRC channel.
7. Account Cancellation or Suspension
Smart-Serv.net reserves the right to suspend network access to any customer if, in the judgment of the Smart-Serv.net network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which Smart-Serv.net chooses. Smart-Serv.net will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. Smart-Serv.net reserves the right to terminate service without notice for continued and repeated violations of the terms of service. If inappropriate activity is detected, all accounts of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be credited for the time the customer's machines were suspended.
If at any time it becomes necessary for Smart-Serv.net to cancel a customer's service without cause, Smart-Serv.net will provide 30 days advance notice.
You may cancel the service at any time by using the "Cancel Account" link located on the "My Accounts" sub-tab of the SmartServ Hosting Manager. Accounts are canceled immediately after confirmation. Cancellation of service does not relieve Subscriber of responsibility for the payment of all accrued charges.
If Smart-Serv.net assigns Customer an Internet Protocol address for Customer's use, the right to use that Internet Protocol address shall belong only to Smart-Serv.net, and Customer shall have no right to use that Internet Protocol address except as permitted by Smart-Serv.net in its sole discretion in connection with the Services, during the term of this Agreement. Our allocation of IP addresses is limited by ARIN's policies. These policies state that use of IP addresses for IP based virtual hosts will not be accepted as justification for new IP addresses when the protocol supports name-based virtual hosts. What this means to you is that you MUST use name-based hosting where possible.
9. Limitation of Liability
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Smart-Serv.net and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that Smart-Serv.net shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Smart-Serv.net. Subscriber further acknowledges that Smart-Serv.net's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Smart-Serv.net be liable for any special or consequential damages, loss or injury. Smart-Serv.net is not responsible for any damages your business may suffer. Smart-Serv.net does not make implied or written warranties for any of our services. Smart-Serv.net 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 Smart-Serv.net.
10. Disclosure to Law Enforcement
The Terms of Service specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that Smart-Serv.net may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any court who sends us a valid Court Order, without further consent or notification to the Subscriber. In addition, Smart-Serv.net shall have the right to terminate all service set forth in this Agreement.
11. Warranty Disclaimer
You agree that your use of Smart-Serv.net shall be at your sole risk. All services provided by Smart-Serv.net are available as is, without warranty.
Smart-Serv.net wishes to emphasize that in agreeing to the Smart-Serv.net Terms of Service, customer indemnifies Smart-Serv.net for any violation of the Terms of Service that results in loss to Smart-Serv.net or the bringing of any claim against Smart-Serv.net by any third-party. This means that if Smart-Serv.net is sued because of a customer's or a customer of a customer's activity, the customer will pay any damages awarded against Smart-Serv.net, plus all costs and reasonable attorney's fees.
You agree that Smart-Serv.net may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on Smart-Serv.net services.
14. Entire Agreement
The Terms of Service (including any policies, guidelines or amendments that may be presented to you from time to time) constitute the entire agreement between you and Smart-Serv.net and govern your use of Smart-Serv.net services, superceding any prior agreements between you and Smart-Serv.net for the use of Smart-Serv.net services.
15. Choice of Law and Forum
The Terms of Service and the relationship between you and Smart-Serv.net shall
be governed by the laws of the province of British Columbia without regard to its
conflict of law provisions. You and Smart-Serv.net agree to submit to the
personal and exclusive jurisdiction of the courts located within the province
of British Columbia.
16. Waiver and Severability of Terms
The failure of Smart-Serv.net to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the party's intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
17. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Smart-Serv.net services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.