Digital Waves :: Terms Of Service
Smokin Hosting has provided each one of their customers with the following terms of service listed below. The terms of service is an agreement you the customer have agreed to when purchasing a product from Smokin Hosting's website. Smokin Hosting has the authority to terminate any account that violates their terms of service at any moment in time. Money will not be sent back to the buyer if this agreement is broken. Please, make sure you read through the terms of service below. If you have any questions about Smokin Hosting's T.O.S. please, contact us.
ORDERING:
Please read the following Terms Of Service agreement before proceeding, then continue ordering. These policies to are designed to protect the best interests of our customers as a whole. Smokin Hosting's policy is to act as a neutral provider of access to the global Internet. We reserve the right to suspend or cancel a customer's access to any or all services provided by us if it is decided that the account has been inappropriately used.
All shared hosting services services are intended for the end user only and may not be subleased, sold or given to third parties.
Smokin Hosting is a web presence provider allowing a client's web site to be accessed via the client's domain name (i.e theirname.com) by anyone with access to a web browser connected to the Internet. Smokin Hosting provides the disk space in which the files composing Client's web site reside and a connection capable of transmitting said files to End User. Said services are often referred to as "Web Hosting."
Smokin Hosting only handles the registration process for Client's domain name if specifically requested by the client. Smokin Hosting in no way holds any responsibility for payment of fees required by ICANN for Client's domain name, expect per section 14 of these policies. Client agrees to pay all charges requested by ICANN accedited registrars who will bill client separately without any contact with Smokin Hosting.
Any products and services to be provided to Client will be at a professional level of quality conforming to generally accepted industry standards and in compliance in all material respect with all applicable laws and regulations. Except as otherwise expressly provided in this agreement, Smokin Hosting does not make, and hereby disclaims any and all other warranties, expressed or implied including any and all warranties of merchantability or fitness for a particular purpose.
AUTHORIZATION OF CHARGES:
Client authorizes Smokin Hosting to charge credit card supplied by Client per month. If Client requests additional storage space Client authorizes Smokin Hosting to charge an additional price listed by Smokin Hosting.
If verification of Client's supplied credit card information fails requested charge by Trouble Free for initial annual fees or for any of the annual fees thereafter Smokin Hosting reserves the right to refuse, suspend, or cancel service pending Smokin Hosting's receipt of valid credit card information from Client. Client agrees to notify Smokin Hosting of any changes to Client's credit card information.
CONTENT RESTRICTIONS:
All services provided by Smokin Hosting may be used for lawful purposes only. Transmission, storage, or presentation of any information, data, or material in violation of any United States federal, state, or local law is strictly prohibited. This includes but is not limited to copyrighted or trademarked material and material protected by trade secret.
Sites that promote any illegal activity, such as Warez sites, are prohibited on non-adult servers. Actual files, including but not limited to pirated software, hacker programs, cracks, and MP3 files, are strictly prohibited from being stored on any Smokin Hosting Host's servers.
Examples of unacceptable content include, but are not limited to the following: Pirated software, Hacker programs or archives, illegal MP3 files or archives.
IRC servers are strictly prohibited.
Smokin Hosting reserves the right to remove any material from Client's web space that is deemed unacceptable by us. Smokin Hosting reserves the right to terminate Client's account without refund at our discretion if said material is discovered. Smokin Hosting is the sole arbiter as to what constitutes a violation of the above provisions.
3.b is only applicable to virtual hosting and reseller accounts. No site may use more than 15% of the total server output at any given time.
CGI / PHP APPLICATION RESTRICTIONS:
Section 4 is only applicable to virtual hosting and reseller accounts. The Client is allowed to freely install CGI/PHP applications; however, Smokin Hosting reserves the right to disable any application that unreasonably effects or interferes with normal server operations. Said situation is highly unlikely.
SPAM POLICY:
Smokin Hosting servers may not be the source, intermediary, or destination address involved in the transmission of Spam, Spamware and other Spam Software, flames, or mail bombs. Client's domain or IP may not be referenced as originator, intermediary, or reply-to address in any of the above.
Smokin Hosting considers Spam to be any mass unsolicited message in the mediums of newsgroups and e-mail.
The actions stated above will not be tolerated. Violation will result in the immediate deactivation of services without refund of any kind. Furthermore, a fine of one-hundred (100) US dollars will be imposed for each spam policy violation. Smokin Hosting is the sole arbiter as to what constitutes a violation of the above provisions.
SERVER ABUSE:
Any attempt to undermine or cause harm to a Smokin Hosting server or another Smokin Hosting Client is strictly prohibited.
Any attempt to undermine any Smokin Hosting web site or a web site of another Smokin Hosting Client is strictly prohibited and may result in immediate termination of services rendered by Smokin Hosting without refund. Smokin Hosting is the sole arbiter as to what constitutes a violation of the above provisions. A fine of two-hundred (200) USD may be implimented for intentional server abuse.
INDEMNIFICATION:
Client agrees that it will defend, indemnify, and hold harmless Smokin Hosting from any and all demands, fines, liabilities, losses, costs, claims, and expenses, including attorney's fees, asserted against Smokin Hosting, its employees, officers, agents, and directors that may arise or result from any service provided or performed, or agreed to be performed, or any product sold by Client, its employees, officers, agents, and directors.
The Client agrees that it will defend, indemnify, and hold harmless Smokin Hosting against any liabilities, including but not limited to, those arising out of (1) any injury to person or property caused by any product sold or service rendered or otherwise distributed in connection with Smokin Hosting's servers; (2) any material supplied by the Client infringing upon or allegedly infringing upon the proprietary rights of a third party; (3) copyright infringement; and (4) any defective products sold to the Client's customer from Smokin Hosting's servers.
Smokin Hosting assumes no liability of the Client for failure to follow this Agreement and any results caused by the acts, omissions or negligence of the Client, sub-contractor or an agent of Client or an employee of any one to them, including, but not limited to, claims of third parties arising out of or resulting from or in connection with the Client's products, messages, programs, caller contracts, promotions, advertising, infringement or any claim for libel or slander or for violation of copyright, trademark or other intellectual property rights.
DISCLAIMER:
Smokin Hosting wll not be held responsible for any damages you or your business may suffer. Smokin Hosting makes no warranties of any kind, expressed or implied, for services rendered. Smokin Hosting disclaims any warranty or merchantability or fitness for a particular purpose. Smokin Hosting assumes no liability for disruptions or improper operation of its equipment or software for any reason, including, but not limited to, vandalism, theft, phone service outages, Internet disruptions, human error, extreme or severe weather conditions or any other causes in the nature of "Acts of God" or force majeure. Smokin Hosting will not be responsible for consequential damages or punitive or exemplary damages under any circumstances. In no case will Client be entitled to recover damages from Smokin Hosting.
TERMS:
The term of this Agreement will continue until a notice of cancellation by Smokin Hosting or Client is given, or until terminated under other provisions of this Agreement. Smokin Hosting reserves the right to terminate this Agreement with cause upon notification to the Client. Smokin Hosting may further terminate this Agreement immediately without notice at any time the Client breaches any part of this Agreement, or if any program or facility used by Smokin Hosting to implement this Agreement is disrupted or terminated for any reason.
9.b is only applicable to Virtual Hosting Accounts. CLIENT may request Smokin Hosting refunds money within 30 days after sign up has taken place. CLIENT will be refunded the full amount they have paid. If 30 days have past CLIENT may cancel contract, however, CLIENT forfiets monies paid to Smokin Hosting. CLIENT may cancel account with Smokin Hosting and be removed from billing, therebye stopping all future charges. CLIENT agrees that by entering coupon ireadthetos on a new order for a shared hosting plan, which includes special 1, ultra mini, mini, and mega, that they are entitled to 15 percent off the cost of the plan as long as they remain active clients. CLIENT also agrees if coupon is not entered upon ordering that the discount is not valid.
9.c
These policies can be modified or changed at any time by Smokin Hosting with or with out prior notice to client. In most cases Smokin Hosting will inform client of any major policy changes.
9.d
Smokin Hosting has the right to choose payment method.Smokin Hosting excepts all Credit Cards and PayPal.Any other form of payment is decidable by Smokin Hosting.If amount due to Smokin Hosting can not be paid by these forms of payment, Smokin Hosting will not be held liable and may hold all services and assests under customers accounts up to the amount owed to Smokin Hosting, Including but not limited to Dedicated Servers,Shared Hosting,Reseller Hosting,Streaming Audio Hosting and Domains.
PRESUMPTION OF AGREEMENT:
By signing up with Smokin Hosting, be it using Smokin Hosting's online sign up form or contacting in any way an employee, officer, agent, and director with request for Smokin Hosting to provide Client services, Client (1) authorizes Smokin Hosting to take the actions necessary in order to setup Client's account, including charging credit card supplied by Client at time of sign up; and (2) agrees to each and every provision set forth in this Agreement and shall hold to said Agreement in the court of law.
DEFAULT:
In the event Client defaults in any provision or fails to perform pursuant to this Agreement, Smokin Hosting will be entitled to damages, costs, and attorney's fees from the Client.
INVALID OF NON-ENFORCEABLE PROVISIONS:
The invalidity or non-enforceability of any provision of this Agreement, as so determined by a court of competent jurisdiction, will not affect the other provisions hereof, and in any such occasion this Agreement will be construed in all respects as if such invalid or non-enforceable provision were omitted. This agreement constitutes the entire agreement between the parties hereto.
CHOICE OF LAW / VENUE:
This Agreement will be construed and enforced in accordance with the laws of the State of TX and the venue for any action, dispute or proceeding with respect to this Agreement will be TX.
Captions
The captions in this Agreement are for convenience only and will not be used in interpreting, construing, performing or enforcing this Agreement.
Amendments and Modifications
Smokin Hosting may make amendments or modifications to this Agreement at any time. Whenever practical, Smokin Hosting will notify Client of changes to this Agreement.
Clients are responsible for frequently backing up their files on our system. Smokin Hosting cannot be held responsible for the deletion of users' files, whether intentional or unintentional.
DOMAIN AGREEMENT:
Smokin Hosting may provide new top level domain name for new clients as requested by them, on packages with specifically state this. These domain names carry no charge for renewals thereafter to the client while client remains hosted at Smokin Hosting. The client is responsible for renewing domain name by contacting the sales department. Should client decide to switch hosting providers, client agrees to pay yearly fee listed on the Smokin Hosting website for domain name registrations.
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