Terms of Service

A. Smat Web Design eMail Customer Restrictions

A-1: eMail Accounts

We provide up to 5GB of email storage per client (Standard e-mail Plan). Additional email storage is available for purchase. We will contact you if your email account exceeds this quota, if you do not remove or archive emails we reserve the right to remove excess emails (2 weeks after notice is sent).

All incoming and outgoing email are subject to automatic SPAM and Virus scanning. Email failing virus scan are subject to rejection and will not be delivered. Severe SPAM will also be rejected and not delivered. Mild to moderate SPAM will be sent automatically to your SPAM folder.

We do not allow your domain email to be forwarded to your personal email account.

All email accounts (including, but not limited to POP or IMAP email accounts) that have not been logged into for a period of 6 consecutive months or more shall be deemed abandoned and SmatWebDesign.com shall have the right to delete the email account ("Abandoned Mailbox") and/or all emails residing in such Abandoned Mailbox ("Abandoned Emails").

At least 2 weeks in advance, SmatWebDesign.com shall send to the master email account a notice that the Abandoned Mailbox and/or the Abandoned Emails shall be deleted if the user or customer does not log into the Abandoned Mailbox within 2 weeks.

SmatWebDesign.com has the right to delete all content stored in any of customer's spam folders or email accounts for 60 days or more.

A-2: SPAMMING

Sending unsolicited bulk and/or commercial messages over the Internet (known as "spamming") is prohibited, regardless of whether or not it overloads a server or disrupts service to SmatWebDesign.com's customers. The term "spamming" also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the SPAM a website hosted on a SmatWebDesign.com server, and selling or distributing software (on a website residing on a SmatWebDesign.com server) that facilitates spamming. Violators will be assessed a minimum fine of US$200 and will face immediate suspension. SmatWebDesign.com reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.

A-3: Illegal Use

SmatWebDesign.com servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing SmatWebDesign.com services, all SmatWebDesign.com customers certify that they and/or the organization they represent in procuring services from SmatWebDesign.com are not, nor have been designated, a suspected terrorist as defined in Executive Order 13224; are not owned or controlled by a 'suspected terrorist' as defined in Executive Order 13224; and are not on, are not a member of, related to, associated with, or controlled by any organizations on the list contained in the Annex to Executive Order 13224 and all updates thereto.

A-4: Virus and other destructive activities

Use of SmatWebDesign.com's services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use SmatWebDesign.com's services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.

E-mail Services SLA

Smat Web Design strives to provide a minimum of 99.5% availability of our e-mail service. This SLA does not apply to e-mail services provided by third party providers chosen by the client. Client agrees not to hold Smat Web Design liable for 3rd party outages affecting their e-mail service. In the event that Smat Web Design's email service has a physical downtime that is not within the 99.5% up-time we will offer to transfer your e-mail account to a 3rd party provider of your choosing free of charge. We offer our e-mail service for free or included with website hosting. Therefore you are not entitled to a refund of any value. 3rd party monitoring service reports may not be used due to a variety of factors. Smat Web Design is the sole authority for determining uptime. The email server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time.

B. Smat Web Design other Customer Restrictions

B-1: Online Backup

As part of our hosting service we perform the following backup procedures.

  • Databases associated with a clients website are backed up daily. These backups are kept for a period of 24 hours.
  • Website content and Databases associated with a clients website are backed up daily off site and kept for a period of 30 days.

While we make the above efforts to backup and preserve our clients website and database, we do this on their behalf. Ultimate responsibility for ensuring clients websites are preserved permanently belongs with our clients.

B-2: System and Network Abuse

Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting, denial of service attacks (weather incoming or outgoing). In addition to the above mentioned items, abuse is also considered when more then 50% of the usage of a server at any given time is consumed by a individual account.

Any account that is disabled or terminated due to abuse is not eligible for any refund, full or partial. Any refund that is offered is strictly the decision of the administration. Any account that is deemed responsible for abuse may incur additional charges.

B-3: Access to Service

SmatWebDesign.com requires correct username and password information to be maintained for all services offered. This applies to, but not limited to, shared hosting, and email accounts. If this information is not kept up to date, SmatWebDesign.com, in its sole discretion, take any necessary actions to gain access to an account.

If SmatWebDesign.com is unable to gain access to an account, SmatWebDesign.com may suspend and/or terminate an account without notice to the customer. IT IS THE SOLE REQUIREMENT OF THE CUSTOMER TO KEEP ACCOUNT INFORMATION UP TO DATE AT ALL TIMES. ACCOUNT INFORMATION IS DEFINED AS LOG IN INFORMATION, CONTACT DETAILS, BILLING INFORMATION, AND ANY OTHER PARAMETERS OF SmatWebDesign.com SERVICE.

B-4: Unacceptable Material

Examples of unacceptable material on email and website accounts include, but not limited to, are:

  • Torrent Software
  • Torrent data / files / materials
  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to rapidshare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery Sites
  • MUDs/RPGs/PBBGs
  • Hateful/Racist/Harassment oriented sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro

B-5: Up-time Guarantee

Outages resulting from planned maintenance are not considered downtime. In order for an outage to be considered downtime it must last for longer then 10 minutes.

High Availability Hosting SLA

For our High Availability Hosting service we strive to provide an availability of 99.9% up-time. This SLA does not apply to web hosting services provided by third party providers chosen by the client. Client agrees not to hold Smat Web Design liable for 3rd party outages affecting their web hosting service. In the event that Smat Web Design's High Availability web hosting service has a physical downtime that is not within the 99.9% up-time you may receive one month of credit on your account. Any 3rd party monitoring service reports may not be used due to a variety of factors. Smat Web Design is the sole authority for determining uptime. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time.

Standard Hosting SLA

For our Standard Hosting service we strive to provide an availability of 99% up-time. This SLA does not apply to web hosting services provided by third party providers chosen by the client. Client agrees not to hold Smat Web Design liable for 3rd party outages affecting their web hosting service. In the event that Smat Web Design's Standard web hosting service has a physical downtime that is not within the 99% up-time you may receive one month of credit on your account. Any 3rd party monitoring service reports may not be used due to a variety of factors. Smat Web Design is the sole authority for determining uptime. The web server up-time may differ from the up-time reported by other individual services and is not used as the measure of up-time.

B-6: Hosting Invoicing and Renewal

Smat Web Design will invoice client one month prior to their hosting agreement expiring. All services provided (DNS, Website, Email, etc.) to customers who do not renew service 30 days after their hosting agreement expires will be terminated. Should the customer wish to restore hosting services will be requested to pay a reactivation fee of $75 and hosting fees will be renewed at the current price point. We offer 30 day advance notice when our hosting plan pricing changes.

Last Updated February 09, 2016 15:46 UTC