It’s pretty straightforward: Customers who use SM Hosting can obtain free disk space, data transfer, and email storage if they use their services consistently with these paragraphs.
SM Hosting is designed to serve the web hosting needs of small, independently owned and operated businesses in a single country. It is not appropriate to use our services to support large enterprises or internationally based businesses with a sustained demand that places undue burden on our systems or negatively impacts use by small, independently owned and operated businesses.
SM Hosting is a shared web hosting service, which means that a number of customers’ web sites and other email or storage services are hosted from the same server. SM Hosting uses abuse controls to help ensure that use of our services does not adversely affect the performance of our system or other customers’ sites. It is not appropriate to use an account primarily as an online storage space or for archiving electronic files.
If you use your services consistently with the Terms of Service and these paragraphs, your site can grow as large as necessary to meet your small business needs.
In most cases, if you use our services consistently with the Terms of Service and these paragraphs, visitors to your web site will be able to download and view as much content from your site as they like. However, in certain circumstances, our server processing power, server memory, or abuse controls could limit downloads from your site. You can also upload as much as content as you like each month, subject only to the Terms of Service.
You do not have to worry about hitting a storage limit if you use our services consistently with the Terms of Service and these paragraphs. SM Hosting will increase your space along with your appropriate small business needs, but our abuse controls may impact the rate of growth or your folder size, and there may be a short delay while we assess your usage. In some cases, creating additional folders or subfolders will help ensure that the system works well for everyone.
Acceptable Use Policy
The following is the entire Acceptable User Policy (“AUP”) agreement between SM Hosting (“SM Hosting”) and the personal or corporate account holder (“YOU/YOUR/Customer”). SM Hosting provides World Wide Web Hosting, Marketing, and Development. SM Hosting has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. SM Hosting’s general policy is to act as a provider of Internet presence. SM Hosting reserves the rights to suspend or cancel a customer’s access to any or all services provided by SM Hosting when we decide that the account has been inappropriately used.
Any attempt to undermine or cause harm to a server or customer of SM Hosting is strictly prohibited. SM Hosting will strongly react to any use or attempted use of an Internet account or computer without the owner’s authorization. Such attempts include “Internet scamming” (tricking other people into releasing their passwords), password theft, security hole scanning, etc. Any unauthorized use of accounts or computers by YOU, whether or not the attacked account or computer belongs to SM Hosting, will result in action against YOU. Possible actions include warnings, account suspension or cancellation, as well as civil or criminal legal action, depending on the seriousness of the attack.
Important Note - SM Hosting has the right to discontinue service, or deny access to anyone who violates our policies or the terms and conditions shown below WITHOUT WARNING or PRIOR NOTICE. No refunds of fees paid will be made if account termination is due to violation of the terms outlined below.
YOU may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailing, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, warez sites (including links to/from), cracks, software serial numbers, proxy-relaying, link farming (the act of or by use of scripts), link grinding, link-only sites, spamdexing, FFA (Free-For-All) and/or anything else determined by SM Hosting to be unacceptable use of our services including abuse of server resources.
All web applications that are out- of-date and actively being exploited will be shut down immediately without prior notice. YOU are responsible for and should evaluate YOUR web-based applications and scripts on a regular basis to ensure their security and orderliness.
Shared hosting accounts may also be terminated if it includes the following content or have links to the following content: Providing material that is grossly offensive to the Web community including blatant expressions of bigotry, racism, hatred, or profanity; promoting or providing instructional information about illegal activities; promoting physical harm or injury against any group or individual; displaying material containing obscene nudity or pornographic material (not applicable to managed dedicated servers); displaying material that exploits children under 18- years of age; acts of copyright infringement including offering pirated computer programs or links to such programs; information used to circumvent manufacturer-installed copy-protect devices, including serial or registration numbers for software programs, or any type of cracker utilities.
Storage Space Abuse
SM Hosting will not tolerate any form of storage space abuse. At least 90% of YOUR web pages (“HTML”) must be ‘linked’ with files (GIF, JPEG, etc.) stored on SM Hosting servers. Websites that are found to contain either/or no HTML documents, a large number of unlinked files are subject to files deletion or account cancellation at the discretion of SM Hosting Management, with or without prior notice.
The intention of SM Hosting is to provide a large bandwidth to transfer web documents, and not an offsite storage area for electronic files. If YOU violate this condition, YOU will be notified and given 48 hours to remedy the problem. Failure to do so will result in YOU being billed for the overages.
Unsolicited Email & Spamming
Unsolicited commercial advertisements (“SPAM”) are not allowed in e-mail, and will likely result in account cancellation. SM Hosting takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, we will charge YOU up to $25 per unsolicited email message sent and delete YOUR account with any prior notice.
The following activities are not allowed:
SPAM, which includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures, and political or religious tracts (such messages may only be sent to those who have explicitly requested it from your domain); Forging, altering or removing electronic mail headers - any domain sending stealth spam will be terminated without warning and without refund. Sending numerous copies of the same or substantially similar message with the intent to disrupt a server or account (“mail bombing”); Spamming Newsgroups: Commercial advertisements are unwelcome in most Usenet discussion groups and on most e-mail mailing lists. Inappropriate posting may result in account cancellation. See the newsgroup or mailing list’s charter for whether advertising is allowed or not. Sending a message to many different off-topic newsgroups, is particularly unethical and will be treated as such; Mail may not be used to harass or intimidate others. Harassment, whether through language, frequency of messages, or size of messages, is prohibited. Sending a single unwelcome message may be considered harassment. If a recipient asks to stop receiving e-mail, YOU must not send that person any further messages.
NOTE – If YOU use the services of another provider to promote a website hosted by or through SM Hosting (“spamvertising”), then the provisions of the above policy shall apply as if the SPAM were sent through our servers.
Technical Support Boundaries
SM Hosting provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues. However, under no circumstances is SM Hosting either obligated to help YOU in the installations of new application modules, templates and/or programming languages, or in providing assistance for any errors produced by any applications that have been modified by YOU. We will only provide assistance in making sure any applications that are installed through the cPanel control panel interface are installed as directed.
Each shared web hosting account comes with its own CGI-BIN. YOU are free to use any CGI scripts YOU wish, however we reserve the rights to disable any CGI script that effects normal shared server operation without prior notice.
SM Hosting installed and provides special file-servers in our network infrastructure for YOUR benefit as a means of storage for electronic files and applications that are not dynamically generated and is downloadable in nature. Files such as MP3, AVI, MID, MIDI, MPG, MPEG, MOV, ZIP, RAR, EXE and anything else we deemed as downloadable and not dynamically generated scripting languages are to be stored within these file-servers, away from the web- servers. This Policy does not apply for image files formats such as JPG, JPEG, GIF, PNG, and BMP.
In addition, all electronic files stored within SM Hosting’s file-servers must be legally- owned and be accompanied with a valid license and/or copyright. This include and is not limiting to MP3, AVI, MID, MIDI, MPG, MPEG, MOV, EXE, ISO. Should we discover any unlicensed and/or illegal files within YOUR account, the files will be subjected to deletion without any further notifications. File-servers will not be backed up. YOU are advised to have YOUR own backup locally or elsewhere other than within the SM Hosting’s servers. If YOU are found to not adhere to this Policy, the offending material(s) will be deleted from YOUR hosting account without any prior notice.
This service is only available for SM Hosting’s SHARED-HOSTING customers.
SMTP Mail Server Abuse
We do not allow YOU to send outbound mail to more than 20 recipients at any one given time and/or more than 1,000 pieces of e-mail per day from a shared hosting account with a maximum filesize of 20MB per email message. If YOU violate SM Hosting policies persistently in email activities, YOUR account will be suspended and deleted.
Background Running Programs
We may allow programs to run continually in the background. These are considered on a one-to- one basis and an extra charge will be incurred based on system resources used and operational maintenance needed.
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre- payment. SM Hosting reserves the right to change prices at any time, unless other terms have been agreed upon. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notifies SM Hosting to request for termination of services. All payment is in U.S. currency. SM Hosting will bill each client $25 per returned check and per credit card chargeback received. All SM Hosting accounts are setup on anniversary billing cycles. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. YOUR account will automatically renew at this length. There is no fee to change to a shorter billing cycle at the end of the current cycle. Please contact the billing department at email@example.com should you wish to change your anniversary billing cycle.
Cancellation of Service
SM Hosting reserves the right to cancel a service at any time. All fees paid in advance of cancellation will be pro-rated and refunded by SM Hosting if we institute our right of cancellation for any violation of policies which results in extra costs billed to YOU (i.e. transfer, space etc.).
If YOU cancel, the pro-rated contract amount less any overages will be refunded. This policy does not apply to any additional services such as overages, referrer logs, real audio/video, additional disk space, additional pop accounts, domain registration fees, etc. All account cancellations must be done via our cancellation form at YOUR hosting account control panel. Phone or email requests will not constitute acceptance of any cancellation.
Promotional Rates & Special Offers
SM Hosting may offer promotional rates or special offers, the terms of which may or may not be more favorable than the terms and conditions for YOUR Services. Any such promotions or modifications shall not affect YOUR obligations under this Agreement. Promotional fees may be subject to additional terms and conditions which, to the extent they conflict with the terms of this Agreement, shall govern. Different promotional fees and special offers may not be combined together.
Club-Content Member Special Rate
Club-Content Members receive a special rate as long as they remain active members at Club-Content. If the membership is cancelled, the monthly and/or yearly rate will immediately revert to the full rate at the time of the cancellation. Any account not brought current within a week (7 days) of e-mail notice or exceeding this time frame in any way is subject to suspension/deletion.
Intellectual Property Rights
Material accessible to you through SM Hosting’s services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets and proprietary information. Except when expressly permitted by the owner of such rights, YOU must not use SM Hosting or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material that you access or receive through the SM Hosting network. If YOU use a domain name in connection with SM Hosting or similar service, YOU must not use that domain name in violation of any trademark, service mark, or similar rights of any third party.
Customers may not use the SM Hosting network with an attempt to circumvent user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for YOU, logging into a server or account YOU are not expressly authorized to access, password cracking, probing the security of other networks in search of weakness, or violation of any other organization’s security policy. YOU may not attempt to interfere or deny service to any user, host, or network. This includes, but is not limited to, flooding, mail bombing, or other deliberate attempts to overload or crash a host or network. SM Hosting will cooperate fully with investigations for violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Users who violate system or network security may incur criminal or civil liability.
Static & Dynamic Caching
YOU expressly grant to SM Hosting a license to cache the entirety of YOUR website, including content supplied by third parties, hosted by SM Hosting under this Agreement and agree that such caching is not an infringement of any of YOUR intellectual property rights or any third party’s intellectual property rights.
IP Address Ownership
SM Hosting shall maintain and control ownership of all IP numbers and addresses that may be assigned to YOU by SM Hosting. SM Hosting reserves, in its sole discretion, the right to change or remove any and all such IP numbers and addresses.
Domain Name Registration
YOU agree to pay SM Hosting prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the SM Hosting price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, canceled or transferred prior to the end of YOUR then current registration term.
SM Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from SM Hosting to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by SM Hosting) in connection with the payments of the registration fee for YOUR domain name registration, YOU agree and acknowledge that the domain name registration shall be transferred to SM Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. SM Hosting will reinstate YOUR domain name registration solely at SM Hosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar to SM Hosting
YOU agree to pay SM Hosting prior to the effectiveness of the desired domain name transfer request, the then-current amount set forth in the SM Hosting price schedule for the initial transfer request of the domain name. YOU agree and acknowledge that the domain name transfer will fail, and all fees are non-refundable, for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status
- Domain name registration period time expires or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
SM Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. YOUR requested domain name will not be registered unless and until we receive actual payment of the registration fee, and have confirmed YOUR registration in an email from SM Hosting to the email address indicated in YOUR registration application. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by SM Hosting) in connection with the payments of the registration fee for YOUR domain name registration, YOU agrees and acknowledges that the domain name registration shall be transferred to SM Hosting as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the
domain name available to other parties for purchase. SM Hosting will reinstate YOUR domain name registration solely at SM Hosting discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee.
Transfer domain registrar away from SM Hosting
SM Hosting reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
- No response from the Registered Name Holder or Administrative Contact
- Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative Contact for the status change
- Domain name registration period time will be expiring in less than 60 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and SM Hosting will not be held liable for the failure of a domain name transfer for any reason.
SM Hosting reserves the right to refuse service to anyone. YOU may only use SM Hosting server for lawful purposes and our services may not be used for illegal purposes or in support of illegal activities. We reserve the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. If anything is not legal in the United States of America, it is not permitted to reside on our servers. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes but not limiting material protected by copyright, trademark, trade secret or other
intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Examples of non-acceptable content or links: “Pirated Warez”, OGG, AVI, MPEG, ISO, “Hacker programs or archives”, “Copyrighted Digital Movie Copies (DIVX)” and “Unlicensed MP3″. The designation of any materials as such described above is left entirely to the discretion of SM Hosting management.
If illegal content or usage is found, the account will be suspended and/or terminated. YOU agree that SM Hosting may disclose any and all YOUR 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.
Regardless of the place of signing this agreement, YOU agree that for purposes of venue this contract is entered in Salem, Illinois, and any dispute will be litigated or arbitrated in Salem, Illinois. Defendants further waive all objections to venue and acknowledge that venue in any such litigation will be held in Fremont courts. IN NO EVENT SHALL SM Hosting’s MAXIMUM LIABILITY EXCEED FIVE HUNDRED ($500.00) DOLLARS.
YOU AGREE THAT IT SHALL DEFEND, INDEMNIFY, SAVE AND HOLD SM Hosting HARMLESS FROM ANY AND ALL DEMANDS, LIABILITIES, LOSSES, COSTS AND CLAIMS, INCLUDING REASONABLE ATTORNEY’S FEES ASSERTED AGAINST SM Hosting, 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 YOU, YOUR AGENTS, EMPLOYEES OR ASSIGNS. YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS SM Hosting AGAINST LIABILITIES ARISING OUT OF:
- ANY INJURY TO PERSON OR PROPERTY CAUSED BY ANY PRODUCTS SOLD OR OTHERWISE DISTRIBUTED IN CONNECTION WITH SM Hosting’S SERVER.
- ANY MATERIAL SUPPLIED BY THE CUSTOMER INFRINGING OR ALLEGEDLY INFRINGING ON THE PROPRIETARY RIGHTS OF A THIRD PARTY
- COPYRIGHT INFRINGEMENT AND
- ANY DEFECTIVE PRODUCTS SOLD TO CUSTOMER FROM SM Hosting’S SERVER.
SM Hosting WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. SM Hosting MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. SM Hosting DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY SM Hosting AND ITS EMPLOYEES. SM Hosting RESERVES THE RIGHT TO REVISE ITS POLICIES AT ANY TIME. ALL SUB-NETWORKS, RESELLERS AND DEDICATED SERVERS OF SM Hosting MUST ADHERE TO THE ABOVE POLICIES. FAILURE TO FOLLOW ANY TERM OR CONDITION WILL BE GROUNDS FOR IMMEDIATE ACCOUNT CANCELLATION.
SM Hosting follows the strict guidelines of our customer privacy statement. Please make sure you understand this statement fully.