Terms of Services
This Web Hosting Agreement (this "Agreement") is legally binding contract between YourSmartHost.com and the Person (individual or legal person) who purchase and use YourSmatHost's service order and set up form (the "Order") incorporating this Agreement by reference ("Customer"). This Agreement governs customer's use of YourSmartHost Web hosting services.
By purchasing or using our services in any way, you agree that you have read & accepted to all terms & conditions set in this agreement. If you do not agree to these terms & conditions, you are not eligible for the use of our hosting services.
Subject to the terms of this Agreement, YourSmartHost agrees to provide the web hosting services described in the Order for the fees stated in the Order. The individual or entity saved in our primary billing contact is considered as owner of the account.
The term of the Agreement becomes effective immediately from the date that YourSmartHost generates an e-mail message to Customer that states the activation of the Customer's account & will remain active for the number of months described in the Order. Upon expiration of the Initial Term, this Agreement shall automatically renew for the same period unless one party provides termination notice within 7 days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable.
YourSmartHost sends renewal notice two days before the actual renew date in your account. If you have a recurring payment set against 2checkout.com or Paypal, then you will automatically be charged on the day your renewal notice is sent. In case of payment set as manual, you need to pay your invoice manually. All hosting services will be deactivated on accounts that are not paid by the due date. YourSmartHost reserves the right to revoke this grace period if we observe late payment or if your payment method is mentioned as other. Ensure that all orders placed with auto recurring payment via 2checkout / Paypal are subjected to work on the monthly renewal date each month. If the payment gateway declines then the customer is subject to a $5 one time fee on top of the monthly renewal price. Any accounts made inactive for non-payment is subject to a $10.00 late payment fee.Non-Recurring Fees.
You are allotted monthly bandwidth allowance as per the web hosting package you have purchased. All customers must monitor their transfer or bandwidth usage. Bandwidth overages are charged at $1.00 per each GB used over the allowed limit of the package. Customers may opt to upgrade the bandwidth before their billing cycle ends. Once we upgrade your plan, you can not request a downgrade of the same plan for at least one month.
At YourSmartHost's request, Customer shall pay to YourSmartHost all sales, VAT or similar tax imposed on the provision of the services.
All new YourSmartHost Customers are entitled for a 30 day money back guarantee on purchase of all hosting packages except Dedicated Servers. A Customer who has never purchased any plan from us in past is a new customer. If your bandwidth limit exceeds within the first 30 days of service you will not get refund.
In any case YourSmartHost terminates the Agreement for Customer's failure of the Agreement in accordance with Section 9 (Termination), or Customer terminates the service other than in accordance with Section 9 (Termination) for YourSmartHost breach, the non-paying amount for each billing cycle unpaid in the Initial Term or then-current Renewal Term, as applicable, are payable on the business day after termination. Customer admits to give in writing to YourSmartHost the cancellation notice or downgrade of current package prior to the renewable term. Submit guidelines for cancellation:
Cancellation request must be put forward to the billing department
Cancellation request must be submitted from the primary email address registered with YourSmartHost
Cancellation request must contain the main IP address (VPS account) or main domain (shared/reseller account) of the hosting plan you wish to cancel
30 day money back guarantee is not applicable on dedicated servers. YourSmartHost will e-mail renewal notices 10 days before the actual renew date in your account. You will automatically be charged if your order is set with auto recurring payment via 2checkout.com/paypal. If your order is marked with manual payment, your must make payment by the due date.
All renewals made with a credit card are expected to work on the day your card is charged. If the card declines then the customer is subject to a $5 one time fee on top of the monthly renewal price.
In case your invoice is not paid by the due date, we reserve the right to suspend your entire account and a late fee of $25 is also charged. An account is defined as all services being used by the customer such as VPS hosting, etc. If your invoice is still not paid by the 3rd day from the due date on the invoice, we reserve the right to terminate your service entirely and reformat your server.
14 days cancellation notice prior to the following renewal term must be submitted in writing to YourSmartHost or the Customer will have to pay full payment. The cancellation request will be subject to the following guidelines:
Cancellation request must be submitted to the billing department at firstname.lastname@example.org
Cancellation request must be submitted from the primary e-mail address with YourSmartHost
Cancellation request must contain the main IP address of the server you wish to cancel
Customer agrees to use the service while following the applicable law and YourSmartHost's Acceptable Use Policy at aup.html (the "AUP"), which is herewith merged by reference in this Agreement. Customer agrees that YourSmartHost may revise AUP periodically to further describe reasonable restrictions and conditions on Customer's use of the Services. Amendments made to the AUP are effective prior to YourSmartHost's notice to Customer that an amendment has been made, or the first day of any Renewal Term that begins after the amendments. Customer agrees to cooperate with YourSmartHost's inquiry of any suspected breach of the AUP. In the event of a dispute between YourSmartHost and Customer regarding the interpretation of the AUP, YourSmartHost's interpretation of the AUP shall be considered.
Customer represents to YourSmartHost that the information he, she or it has provided and will provide to YourSmartHost for configuring and maintaining the service is faithful. If Customer is an individual, Customer must represent that he or she is at least 18.
Customer accept to hold harmless YourSmartHost hosting, YourSmartHost's affiliates, and each of their respective officers, directors, agents, and employees from any and against all threatened or actual claims, demands, liabilities, obligations, losses, damages, penalties, fines, amounts in interest, expenses and disbursements of any kind and nature whatsoever arising out of or relating to your breach of any terms & conditions, AUP of YourSmartHost.
YourSmartHost does not warrant or stand for that the services will be uninterrupted, error free, or completely secure. All services are provided on an “AS IS” basis.
YourSmartHost will not be responsible for any damages your business may suffer. YourSmartHost makes no warranties of any kind, expressed or implied for services we provide. YourSmartHost disclaims any warranty or state or fitness for a particular purpose. Even if the party has been advised or aware of the possible damages
Customer agrees that YourSmartHost reserves the right to suspend services to customer without notice and without liability in following cases:
YourSmartHost fairly believes that the customers are violating the AUP;
Customer fails to cooperate with any inquiry of any suspected violation of the AUP;
When YourSmartHost considers that the suspension of service is needful to defend its network or its other customers,
On request of law enforcement or regulatory agency. Customer shall pay YourSmartHost's reasonable reinstatement fee if service is reinstituted following a suspension of service under this subsection.
This Agreement may be terminated by either Customer or YourSmartHost at any interval of time without prior notice or any cause. Unused portions of service will be prorated and refunded on request ONLY if the following conditions are met
Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
YourSmartHost customers may cannot initiate the following, if any customer performs it no refunds will be given. No warning will/won't be sent to customers
CPU resources used for 25% or more for longer than 90 seconds. Various activities can cause such problems like CGI scripts, FTP, PHP, HTTP, etc.
Run any kind of distribute computing software, including but not limited to SETI@home, Node Zero and Folding@home
Use any interactive real-time chat applications that are based on server resources. Remotely-hosted services are fully allowed (applies to shared/reseller hosting only).
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons (applies to shared/reseller hosting only).
Usage of any software that involves with an IRC (Internet Relay Chat) network.
Run any file sharing, bit torrent or other P2P network services, client or server software.
Usage of any gaming servers like counter-strike, half-life, battlefield 1492, etc
Customer agrees that they will pay an “overage” of they have exceeded the use of allotted bandwidth. Every customer is allocated a monthly bandwidth allowance. This allowance depends on the hosting package you purchase. When your account exceeds the allocated amount we reserve the right to suspend the account until the beginning of the succeeding allocation, suspend the account until more bandwidth is purchased at an additional cost, suspend the account until you upgrade to a package that suites your needs, terminate the account. If you exceed your bandwidth limit within the first 30 days of service you cannot get refund 30 day money back guarantee and you are responsible to pay for any overage.
YourSmartHost is not a domain registrar. We are a reseller for Enom & ResellerClub so all YourSmartHost customers who purchase a domain or transfer a domain to us are bound by the terms and conditions of Enom & ResellerClub. You can only purchase a domain from YourSmartHost or transfer a domain to YourSmartHost while purchasing a hosting package. A notice has been sent from YourSmartHost once your domain is up for renewal. You may loose your domain, if you do not renew your domain till the expiration date. YourSmartHost is not responsible for domain expiration of inactive hosting plan.
Customer agrees that YourSmartHost may report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that YourSmartHost believes violates applicable law.
Customer accepts that they will maintain the latest copy of all content hold by YourSmartHost & that not bound to any agreement by YourSmartHost to render back up services.
Customer can avail benefit of two free rebuilds for a control panel change and one free rebuild/restore during term period. After this if a customer request a rebuild/restore then a $5 one time fee will be charged.
Upgrades and alterations in YourSmartHost's network like software, hardware and service providers, may affect the Customer's hosted applications in terms of interface and operations. YourSmartHost reserves the right to make modifications in its network for commercially reasonable discretion, and YourSmartHost shall not be liable for any damage to customer.
Any Notices by customers to YourSmartHost under the Agreement shall be given via e-mail for customer support at email@example.com. YourSmartHost will send any notices to Customer via e-mail to the individual listed as the Primary Customer Contact on the Order. Notices are received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its notice address by a notice given in accordance with this Section.
YourSmartHost is not responsible for any damage, if the failure to perform the obligation is due to any event beyond YourSmartHost's control, including, without limitation, significant failure of a portion of the power system, failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which measures cannot be taken by the industry.
This agreement holds the sole understanding of both the parties. Each party declares and agrees that the other party retains sole ownership and rights in its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Without the other party's prior written permission, neither party can use the other party's name or trade mark. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. Each party acknowledges that it has no power or authority to bind the other on any agreement and that it will not represent to any person that it has such power or authority. This Agreement may be amended only by a formal written agreement signed by both parties.
This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and replace any prior understanding or communication, written or oral.
These Terms of Service are subject to change any time