Acceptable Usage Policy
This AUP governs the use of Smart Servers web hosting service. Violation of this AUP may result in suspension or termination of your service. In the event of a dispute between you and Smart Servers regarding the interpretation of this AUP, Smart Server’s interpretation, in its reasonable commercial judgment, shall govern.
The following is the entire Acceptable User Policy ("AUP") agreement between Smart Servers and the personal or corporate account holder. Smart Servers provides World Wide Web Hosting, web design and script installation. Smart Servers has certain legal and ethical responsibilities consisting with the use of its servers and equipment involved in these services. Smart Servers general policy is to act as a provider of Internet presence. Smart Servers reserves the rights to suspend or cancel a customer's access to any or all services provided by Smart Servers when we decide that the account has been inappropriately used.
What is appropriate usage?
SmartServers 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.
SmartServers 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. Smart Servers 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.
Resources If you use your services consistently with the terms of Service, your site can grow as large as necessary to meet your small business needs, but to ensure a great experience for all, we will place some constraints on how fast you can grow. The vast majority of our customers' sites grow at rates well within our rules, but our abuse controls may cause a brief delay while we evaluate if expansion is appropriate for your particular plan.
Smart Servers Customers may not initiate the following (below), if any customer does Smart Servers may terminate the account with no refund. Depending on the situation there will/won't be warnings sent.
- Use 25% or more of system CPU resources for longer than 90 seconds or 1% of the servers CPU resources for longer than 5 minutes. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
- Use of any kind of distributed computing software, including but not limited to SETI@home, Node Zero and Folding@home.
- Hosting of binary files available for download by the public.
- Run any type of interactive real-time chat applications that require server resources. Remotely-hosted services are fully allowed.
- Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons.
- Run any software that interfaces with an IRC (Internet Relay Chat) network.
- Run any file sharing, bit torrent or other P2P network services, client or server software.
- Run any gaming servers such as counter-strike, half-life, battlefield 1492 etc.
- NOTE that Smart Servers also host Gaming Servers but all enquiries should be send to firstname.lastname@example.org
In most cases, if you use our services consistently with our terms of Service, 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 will always be able to use as much bandwidth as your account allows.You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation; suspend the account until more bandwidth is purchased at an additional fee; suspend the account until you upgrade to a higher level of package; terminate the account and/or charge you an additional fee for the overages? Unused transfer in one month cannot be carried over to the next month.
You do not have to worry about hitting a storage limit if you use our services consistently with the terms of Service and our acceptable usage policy. Smart Servers 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. You will always be allowed to use as much disk space as applied to your account.
At no time will our database of users ever be sold to any entity for the purpose of marketing or mailing lists. Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgment, we are obligated to do so under applicable laws.
You may have noticed all of our accounts come with unlimited email accounts, sub-domains, and FTP accounts and in some cases domains. This is subject to how much disk space your account has. So you can create as many emails, sub-domains etc. as you need as long as it is within your disk space limit
You may not publish or transmit via Smart Server’s services any content that Smart Servers reasonably believes:
- constitutes child pornography;
- constitutes pornography;
- is excessively violent, incites violence, threatens violence, or contains harassing content or hate speech;
- is unfair or deceptive under the consumer protection laws of any jurisdiction, including chain letters and pyramid schemes;
- is defamatory or violates a person's privacy;
- creates a risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with an investigation by law enforcement;
- improperly exposes trade secrets or other confidential or proprietary information of another person;
- is intended to assist others in defeating technical copyright protections;
- clearly infringes on another person's trade or service mark, patent, or other property right;
- promotes illegal drugs, violates export control laws, relates to illegal gambling, or illegal arms trafficking;
- is otherwise illegal or solicits conduct that is illegal under laws applicable to you or to Smart Servers;
- is otherwise malicious, fraudulent, or may result in retaliation against Smart Servers by offended viewers;
SmartServers does not accept material such as:
- Proxy, Warez, Escrow, High Yield Investment Programs (HYIP), illegal Gambling and Lottery sites.
- Content "published or transmitted" via Smart Servers service includes Web content, email, bulletin board postings, chat, and any other type of posting or transmission that relies on any Internet service provided by Smart Servers * Smart Servers can terminate service for any of the above reasons and it's at our sole discretion to issue a refund
You must take reasonable security precautions. You must protect the confidentiality of your password, and you should change your password periodically
Bulk Commercial Email
Bulk commercial email, mailing lists and email reflectors are allowed on our servers after hours (18h00 - 06h00), we do however allow a maximum of 325 emails per hour per account. For any emails sent from your account you must adhere to the following rules:
- Your intended recipients have given their consent to receive email via some affirmative means, such as an opt-in procedure;
- Your procedures for soliciting consent include reasonable means to ensure that the person giving consent is the owner of the email address for which the consent is given;
- You may not obscure the source of your email in any manner.
- You otherwise comply with the CAN SPAM Act of 2003 and other applicable law.
These policies apply to messages sent using your Smart Servers service, or to messages sent from any network by you or any person on your behalf that directly or indirectly refer the recipient to a site hosted via your Smart Servers service. In addition, you may not use a third party email service that does not practice similar procedures for all its customers.
You may not send any unsolicited email, either in bulk or individually, to any person who has indicated that they do not wish to receive it. You must comply with the rules of any other network you access or participate in using your Smart Servers services.
Material Protected By Copyright
You may not publish, distribute, or otherwise copy in any manner any music, software, art, or other work protected by copyright law unless:
- You have been expressly authorized by the owner of the copyright for the work to copy the work in that manner.
- You are otherwise permitted by established United States copyright law to copy the work in that manner.
SmartServers will terminate the service of repeat copyright infringers.
You must have valid and current information on file with your domain name registrar for any domain hosted on the Smart Servers network.
SmartServers cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by SmartServers are resold. Thus, certain equipment, routing, software, and programming used by SmartServers are not directly owned or written by SmartServers . Moreover, SmartServers holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as SmartServers sees fit. FURTHERMORE, SmartServers retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Newsgroup, Chat Forums, Other Networks
You must comply with the rules and conventions for postings to any bulletin board, chat group or other forum in which you participate, such as IRC and USENET groups including their rules for content and commercial postings. These groups usually prohibit the posting of off-topic commercial messages, or mass postings to multiple forums