By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement.
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Hostsmart and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Hostsmart to cancel your Services.
Hostsmart provides Internet World Wide Web page hosting, Marketing, and Development. Hostsmart has certain legal and ethical responsibilities consisting with the use of its server and equipment involved in these services.
Hostsmart general policy is to act as a provider of Internet presence. Hostsmart reserves the right to suspend or cancel a customer's access to any or all services provided by Hostsmart when we decide that the account has been inappropriately used.
Unauthorized use of other people's accounts or computers Hostsmart 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 robbery, security hole scanning etc.
Any unauthorized use of accounts or computers by a Hostsmart customer, whether or not the attacked account or computer belongs to Hostsmart, will result in action against the attacker. Possible actions include warnings, account suspension or cancellation, and civil or criminal legal action, depending on the seriousness of the attack.
IMPORTANT NOTE - Hostsmart 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.
Customers may not run IRC, bots or clients on shared servers. Unacceptable uses also include, but are NOT limited to: Bulk emailing, unsolicited emailings, newsgroup spamming, pornographic content, illegal content, copyright infringement, trademark infringement, proxy services, warez, cracks, software serial numbers, and/or anything else determined by Hostsmart to be unacceptable use of Hostsmart's services including abuse of server resources.
Shared hosting accounts may be terminated that include the following content or which 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, or promoting physical harm or injury against any group or individual Displaying material containing obscene nudity or pornographic material 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
Abuse of Resources (Traffic & Disk Space)
Hostsmart's customers are privileged to be offered generous resource quotas. The intention of Hostsmart is to provide a large space to serve web documents, not an off site storage area for electronic files. All (90%) of your web pages (html) must be 'linked' with files (.GIF, .JPEG, etc.) stored on Hostsmart's server. Web sites that are found to contain either/or no html documents, a large number of unlinked files are subject to warning, suspension or cancellation at the discretion of Hostsmart management. Music/Audio and Video download sites are also not permitted, nor are general download sites, file sharing sites or file hosting sites nor can the space be used for backup storage.
Hostsmart will be the sole arbiter as to what constitutes a violation of this provision.
Unsolicited Email (Spam)
Unsolicited commercial advertisements (spam) are not allowed in e-mail, and will likely result in account cancellation.
Hostsmart takes a zero-tolerance approach to spam originating from our servers or for spam advertising of domains hosted on our servers. Hostsmart reserves the right to charge a clean up fee to Customers who send unsolicited e-mail which have caused the IP of our server to be blacklisted for sending SPAM.
The following activities are not allowed: Unsolicited bulk or commercial messages ("spam"). This 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 is prohibited. 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. "Spamming," or 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 web site hosted by or through Hostsmart (spamvertising), then the provisions of the above Policy shall apply as if the spam were sent through our servers.
100% Uptime Guarantee
(1.) Coverage This 100% uptime guarantee applies to any Hostsmart client in good financial standing with Hostsmart at the time of a service outage.
(2.) Service Level Agreement & Specifications Hostsmart endeavors to have the content of your web site available for http access by any party in the world 100% of the time. Network downtime (unavailability) is defined as 100% packet loss from Hostsmart to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Hostsmart's online ticketing system. If the ticketing system itself is unreachable, the ticket must be started by calling the Hostsmart NOC. Hostsmart's administrators will determine the end of the downtime by a traceroute to the customer's machine from outside the Hostsmart network.
a. Shared Hosting - In the event that your web site is not available for less than 100%, Hostsmart will credit the following month's service fee as follows. For any shared hosting client, such credit shall be retroactive and shall be as calculated below and as measured 24 hours a day in a calendar month, with the maximum credit not to exceed fifty (50) percent of the monthly service charge for the affected month. Monthly Uptime Credit:
95% to 99.9% your account will be credited 10% of your monthly hosting fee
90% to 94.9% your account will be credited 20% of your monthly hosting fee
89.9% or below your account will be credited 50% of your monthly hosting fee
b. Managed Dedicated Servers - For managed dedicated server customers if the uptime is between 98.9% and 99.9% for any particular month the credit shall be retroactive and equivalent to the difference between the guaranteed level of availability of the customer's services during the month and the calculated actual level of availability of the customer's services, multiplied by the actual charges incurred by the customer for the services during that month period. In addition, for managed dedicated server, customers may be entitled to additional credits as calculated below and as measured 24-hours a day in a calendar month, with the maximum credit not to exceed twenty-five percent (25%) of the monthly service charge for the affected month. Minutes of continuous downtime Credit 60 10% 5+ 60 minute intervals 25%
In order for you to receive a credit on your account, you must request such credit within seven (7) days after you experienced the down time. You must request credit by sending an electronic mail message to email@example.com. For security, the body of this message must contain your account number, the dates and times of the unavailability of your website, and such other customer identification requested by Hostsmart. Credits will usually be applied within sixty (60) days of your credit request. Credit to your account shall be your sole and exclusive remedy in the event of an outage.
(4.) Restrictions Credits shall not be provided to you in the event that you have any outage resulting from (1.) scheduled maintenance as posted from time to time at Hostsmart, (2.) your behavior or the performance or failure of your equipment, facilities or applications, or (3.) circumstances beyond Hostsmart's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of interruption or delay in telecommunications or third party services, including DNS propagation, domain name registration / transfer, failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of your web site, or (4.) a client breaking any item in Hostsmart's "terms of conditions and acceptable use policy" causing a machine to fail as a result.
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 right to disable any CGI script that effects normal shared server operation without prior warning.
We do not allow clients to install their own chat rooms within a shared hosting account, without approving it with the Hostsmart Support Team. Most chat rooms tend to be large system hogs and we cannot allow it as an account option. However, we do provide a choice of Java chat rooms for a small extra charge that will more than fill your needs and run without hindering the performance of the machine for others. Note: Parachat chat rooms do not apply to this rule. They are perfectly fine to install.
Abuse of SMTP Mail Server
We do not allow clients to send more than 2000 pieces of e-mail per day from a shared hosting account. If you do send more than 2000 pieces of e-mail per day, your account will be placed on hold for Network Abuse. If you are sending legitimate e-mails and they total more than 2000 per day your account will be moved to a special server that is specifically designed to handle high volumes of e-mail. You will be charged $50.00/month in addition to your regular hosting charges if your account is moved to this server. Please contact firstname.lastname@example.org to have your domain moved.
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. (this section does not apply to managed dedicated servers)
We currently do not allow IRC or IRC bots to be operated on our servers. You can however, install IRC clients on managed dedicated servers. IRC servers are not permitted on our network.
Backups and Data Loss
Your use of the service is at your sole risk. Hostsmart is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Hostsmart servers.
All accounts are set up on a pre-pay basis. All pricing is guaranteed for the term of pre-payment only. Hostsmart reserves the right to change prices at any time. 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 and termination. All payment is in Australian currency. All Hostsmart 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. However, if you wish to change to a shorter billing cycle, during a current cycle, there will be a $50.00 fee. Please contact the billing department at email@example.com should you wish to change your anniversay billing cycle.
Customers may not send more than 200 e-mail messages per hour. Any account on the server cannot use more than 2% CPU or memory resources. If you use too many system resources, you will be notified to take the necessary actions.. If the usage is too high and/or results in a server becoming unstable, we will suspend the overloading account so that it doesn’t affect the other clients on the server. The Home Package (Home Windows and Linux Home Package) may only be used for personal/non-profit websites.
Hostsmart reserves the right to cancel service at any time. All fees paid in advance of cancellation will be pro-rated and paid by Hostsmart if Hostsmart institutes it's right of cancellation. Any violation of policies which results in extra costs will be billed to the customer (i.e. transfer, space etc.)
All of Hostsmart's web hosting plans are backed by a 30 day money back guarantee. If you are not completely satisfied with our services or support within the first 30 days of your contract, you will be given a full refund of the contract amount excluding domain registration fees and overages. For all web hosting clients who cancel, the full contract amount less any setup fees and overages will be refunded if Hostsmart is notified within the first 30 days following activation. No refund is available after the 30th day. 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 by sending an email to firstname.lastname@example.org. Refunds will be issued back to your Paypal account within 30 days of receipt of cancellation.
Intellectual Property Rights
Material accessible to you through Hostsmart's services may be subject to protection under the United States or other copyright laws, or laws protecting trademarks, trade secrets or proprietary information. Except when expressly permitted by the owner of such rights, you must not use Hostsmart or its servers and network in a manner that would infringe, violate, dilute or misappropriate any such rights, with respect to any material, which you access or receive through the Hostsmart network. If you use a domain name in connection with Hostsmart 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 Hostsmart network with an attempt to circumvent user authentication or security of any host, network, or account.
10% CPU and or RAM over 3 minutes.
2% CPU and or RAM over 24 hours.
250 email limit per domain per hour.
50 concurrent database connections at one time.
Apache threads to be open no longer then 999 seconds.
Php upload limit of 15 megs.
Max php session time of 300 seconds or less.
Limits are subject to change at anytime.