Smart Bomb Enterprises provides World Wide Web page hosting. Smart Bomb Enterprises reserves the right to suspend or cancel a customer's access to any or all services provided by Smart Bomb Enterprises when Smart Bomb Enterprises decides that the account has been inappropriately used or otherwise for any of the following reasons. This agreement is subject to change please check her on a regular basis to view the terms you are bound to.
Customer accounts are to be used by the primary owner only (except for reseller accounts). Customer account holders are not permitted to resell, store or give away web-hosting services of their website to other parties, unless it is a reseller account. Web hosting services are defined as allowing a separate, third party to host content on the owner's web site. Exceptions to this include ad banners, classified ads, and personal ads and reseller accounts.
Customer must maintain a valid domain name that resolves though a Smart Bomb Enterprises Domain Name Server (DNS) or system to their account and must notify Smart Bomb about any changes in domain names. Failure to notify Smart Bomb about domain name changes shall result in immediate suspension of account.
Smart Bomb Enterprises reserves the right to refuse service and /or access of its servers to anyone for any reason.
This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State, or Local regulation.
Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of "unacceptable adult material" is left entirely to the discretion of Smart Bomb Enterprises.
Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking, IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide "links to" or "how to" information about such material.
No IRC's, BNC's, Eggdrops, Unauthorized SHELL programs, HYIP or PROXY sites, Illegal or blatantly offensive material or Spamming from a site or server. Period. No Exceptions at any time for any reason. Customers who LOAD (Proof of use or public display NOT required) these programs or materials on any server will be terminated without recourse and billed (including penalties) and further pursued to THE FULLEST EXTENT of the LAW, including but not limited to lawsuits against the individuals responsible.
Smart Bomb Enterprises . We will immediately suspend an account for which the owner is believed to be sending out unsolicited mass mailings. If an account is found to be sending spam it will be deleted and no refund given as this constitutes a severe violation of theses terms. Mailing Lists may be operated as long as individuals choose to subscribe to receive mailings, (known as opt-in mailing lists) if a complaint is received that this is not being carried out Smart Bomb Enterprises reserves the right to suspend or terminate your account without notice. Smart Bomb in its continuous fight against spammers has implemented an hourly quota on the number of emails that can be sent by any one client. Currently this number is set at 2500ph this is subject to change up or down as we determine the best setting to accommodate our systems.
A Full backup is available at an extra charge and are made regularly on a daily, weekly and monthly basis by Smart Bomb Enterprises. Due to the volatility of computer data we can make no complete guarantees of any kind as to the integrity of these backups. If loss of data occurs due to an error of Smart Bomb Enterprises, we will attempt to restore data at no charge to the customer. If loss of data occurs by an action of the customer Smart Bomb Enterprises will attempt to restore data at a $90 fee per hour charge to the customer.
We do not allow customers to install their own chat rooms on our servers as they tend to use large amounts of system resources. We do not allow IRC or IRC Bots to be run on Smart Bomb Enterprises servers.
Smart Bomb reserves the right to display links to customer sites to demonstrate who our customers are to prospective clients.
Smart Bomb Enterprises maintains control of all I.P. numbers and addresses that may be assigned to the client and reserves the right to change or remove any and all IP numbers and addresses. Dedicated IP addresses are available at an additional charge.
Smart Bomb Enterprises reserves the right to report illegal activities for prosecution.
Violations of system security is prohibited, examples include: messages sent on an intrusive basis to any network, Accessing data not intended for user. Probing the security of a network. Spawning dozens of processes. Port scans, ping floods, packet spoofing, Denial of Service attacks, sniffers, flooding, spoofing, ping bombing, winnuke. Promulgation of viruses. The presence of such programs on an account, whether or not run, will result in suspension or termination of your account.
A domain which exceeds the traffic allowance included in the account will be charged at a rate of $10 per 1 gig per month, if more than account limit of data transfer is required this can be arranged by e-mailing support@smartbomb.ca.
A domain that has excessive CPU usage will be suspended until it is determined what is causing the problem. If after repairing the problem and reinstatement of account excessive CPU usage occurs account will be permanently disabled and no refund given as this constitutes abuse.
The customer is responsible for all material located on its account, and securing the username/password used access its account. Customer warrants that any material submitted for publication on Smart Bomb Enterprises server does not violate or infringe any copyright, trademark, patent, statutory common law or proprietary interest of others or contain anything obscene or libelous. Smart Bomb Enterprises reserves the right to remove any and all materials which infringe on copyright work. Such materials may be removed at any time upon receiving a complaint and or notice of copyright infringement.
If Smart Bomb Enterprises becomes aware of material that could be infringing on a third party's copyright, it will initiate an investigation. To conduct an investigation of copyright infringement, the Complainant must submit at least two items. First, Complainant must submit a claim in writing with the applicable copyright or trademark registration number and a copy of the underlying copyrighted work along with the Customer's materials. Second, Complainant must offer a good faith certification signed under penalty of perjury. This certification must state that the work is the property of the Complainant that the work has been copied and that use of the work is not defensible. With this information in-hand, Smart Bomb Enterprises, at its discretion, may, at any time deny access to the challenged material of Customer.
Smart Bomb Enterprises is not responsible for any claimed damages, which may result from Smart Bomb Enterprises servers going offline, or being unavailable for any reason. Including damages which may result from the corruption or deletion of data.
All accounts are set up on a prepay basis. Although Smart Bomb Enterprises reserves the right to change prices of accounts or services at any time all pricing is guaranteed for the period of prepayment. Payment is due each anniversary year or month following the date the account was established. Customers will automatically be charged again at the end of their prepay period unless closure notification has already been given.
In situations where the card number on file is declined Smart Bomb Enterprises will immediately suspend the facility to purchase services on-line until the outstanding charge is processed successfully. In addition, Smart Bomb Enterprises reserves the right to suspend other services until the outstanding debt is cleared. The customer is responsible for all money owed on the account from the time it was established to the time that the customer sends a written cancellation request.
No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email shortly after the online purchase has been made. At this point the customer's card will be charged automatically.
Smart Bomb Enterprises requires that its agreements be made with a person who is qualified to contract. As such, customer must be over the age of eighteen (18) years. Otherwise, a parent or guardian must accept this agreement and enclose the proper payment. Smart Bomb Enterprises cannot accept payments from persons who are not at least eighteen (18) years of age, nor can we accept agreements from persons who are not at least eighteen (18) years of age.
In order to streamline our accounting procedures and keep costs down Smart Bomb Enterprises runs a limited number of payment options.
Smart Bomb Enterprises accepts payment via Pay Pal payment systems. We also accept Mastercard, Visa, American Express and Discover via Internet Secure payment system. We also accept payment via Bit Pass payment systems.
This option is only available to premium customers who pay annually for their Smart Bomb Enterprises account. A credit / debit card number will still be required if customers require the facility to purchase domains and other services on-line. Smart Bomb Enterprises cannot guarantee that a service will be provided until after any received cheque's have been cleared.
Purchases online at Smart Bomb Enterprises are made with 128 Bit SSL. If you have any further queries regarding security please email us at security@smartbomb.ca.
We endeavor to respond to all complaints within five working days - although usually response is much quicker. If you are unhappy with any service provided by Smart Bomb Enterprises please contact us immediately either by phone at 250-885-2888 or by clicking here.
Smart Bomb Enterprises reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Smart Bomb Enterprises' terms of service a refund will not be issued in the event of a cancellation.
You have the right to cancel your order within 30 days without giving a reason. In the case of services the 30 days must start from when the contract is concluded. Where the customer exercises their right to cancel, we will return your money within 30 days of cancellation.
Customer agrees that it shall defend, indemnify, save and hold Smart Bomb Enterprises harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Smart Bomb Enterprises, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Smart Bomb Enterprises against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Smart Bomb Enterprises server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Smart Bomb Enterprises server.
Smart Bomb Enterprises makes no warranties of any kind, whether expressed or implied, for the service it is providing. Smart Bomb Enterprises also disclaims any warranty of merchantability or fitness for a particular purpose. Smart Bomb Enterprises will not be responsible for damages the customer suffers. This includes loss of data resulting from delays, non-deliveries, mis-deliveries, or service interruptions caused by its own negligence, subscriber's errors or omissions, or due to the fault of third parties.
Smart Bomb Enterprises will be the sole arbiter as to what constitutes a violation of these Terms of Service. Smart Bomb Enterprises reserves the right to remove any account without prior notice. The failure by a customer to meet or follow any of the above Terms of Service is grounds for account suspension or deactivation. We reserve the right to refuse/cancel service at our sole discretion.
Modification
Smart Bomb Enterprises reserves the right to add, delete, or modify its Terms of Service at any time without notice.
Any party seeking to report violations of Smart Bomb Enterprises policy may contact via e-mail: abuse@smartbomb.ca
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